Terms and Conditions

1. General

These terms and conditions of contract constitute the sole agreement between KSM Investigations ‘the Agency’ or ‘We’ and the client ‘You’ in connection with all and any services provided by the Agency to the Client.

No variation in these terms shall be affective unless notified by the Agency to the Client in writing.

The Agency is a firm of Private Investigators, a Detective Agency providing services including, but not limited to, Asset and debtor tracing, Covert or Counter Surveillance, Pre-employment checks and Process Serving. All services provided are provided in accordance with these terms and conditions. 

These terms and conditions shall be governed by English law and any dispute arising out of or in connection with them shall be determined by the English Courts.

This agreement constitutes the sole agreement between the Agency and the Client in relation to any services to be provided to the Client by the Agency.

Because of the nature of surveillance work, the Agency cannot offer any guarantee or warranty that its work will be successful and does not do so, the client is paying for the experience, time and effort in trying to obtain the desired result. It is possible that the subject of the enquiry maybe lost during the surveillance period due to circumstances beyond the Agencies control.

2. Services

Prior to the commencement of work, the Agency and the Client shall agree what services the Client is to purchase, and the Agency is to provide. 

Having had a discussion with the client, the agency shell suggest how many hours and how many agents are required. However, the Agency appreciates that this will only be possible dependant upon budget. The agency will use its best endeavours to keep the subject under discreet surveillance with the agreed Agents.

The Agency shall commence work at a time to be agreed following consultation with the Client.

The Agency makes no promise or warranty that the provision of the services will be uninterrupted but will endeavour to provide the services as quickly as the circumstances of the individual case permit. Unless specifically agreed, time is not of the essence of the contract for the delivery of the agreed services.

The delivery of the services shall be deemed to be complete either when the objective of the services has been achieved or when the Agency deems that delivery is complete.

3. Payment

Any work will only commence upon receipt of cleared funds, to the value of the initial estimate that the Agency will send to the client. Any outstanding amounts at the conclusion of the work is payable upon receipt of a final invoice from the Agency to the client. The Agency shall not be obliged to commence work and no work is confirmed until the receipt of cleared funds. 

The agreed charge for the services is exclusive of disbursements and other expenses incurred by the Agency during the performance of the services and these will be charged separately at the conclusion. (A valid receipt will be available upon request) Disbursements and other expenses will include the use of public transport, undercover expenses incurred during undercover work, fees and charges incurred in attending public or private functions necessary for the performance of the services, video editing, any other taxes, charges, or tariffs necessarily incurred during the provision of the services, and any other expenses agreed in advance by the Client. A Client who has paid for these services by credit or debit card irrevocably authorises the Agency to charge the same card for any expenses due which have not been pre-paid as part of the initial estimate.

The Client agrees to indemnify the Agency against any damages, costs, other charges, and in respect of any additional service time incurred as a consequence of providing the services. If for any reason the Agency is unable to perform and/or deliver the services to the Client, a refund in full (if no services have been delivered) or in part (if partial services have been delivered) will be provided within 7 days after the Agency agrees to provide it.

Any dispute in relation to any amount charged by the Agency must be notified to the Agency by the Client within 60 days of such charge being made. In the absence of notification in accordance with this paragraph, any charges made will be deemed to have been accepted for all purposes, and you consequently release the Agency from all and any liability and/or claim resulting from any such charging error or discrepancy.

4. Default and Termination

In the event that any sum due from the Agency to the Client remains unpaid for 7 days or more after the delivery of the Agency invoice, the Agency may at its sole discretion terminate this agreement by informing the Client of its decision so to do.

In the event that any sums remain outstanding, irrespective of whether or not the Agency terminates this agreement, the Agency shall be entitled to charge interest on all monies outstanding at the rate of 3% per calendar month or part thereof from the date of invoice until payment. 

In the event that the Agency brings legal proceedings and/or takes any other recovery action against the Client to recover any monies due under this contract, including interest, the Client will indemnify the Agency against all and any legal, court and other costs incurred during or as part of the recovery process.

Either party may terminate this agreement upon notice in writing if the other is in breach of any material obligation contained in these terms which (if the same is capable of being remedied) is not remedied within 7 days of written notice to the other party so to do.

Either party may terminate this agreement forthwith upon giving written notice of its intention to do so to the other party if either party becomes bankrupt or makes a voluntary arrangement with its creditors or if in relation to either party an administration order is made or a receiver or administrative receiver appointed over any of its assets or undertaking or if, in the case of a limited company, a resolution or petition to wind it up is passed or presented or if a winding up order is made or if any other similar or analogous procedure in relation to either party is undertaken.

In the event of any termination of this agreement howsoever occasioned, the right of the Agency to be paid for the services shall not be affected and upon termination by the Agency in accordance with the terms of this clause, all services agreed to be provided shall be deemed to have been provided whether provided or not.

5. Cancellation and Refunds

Where KSM Investigations has been instructed to commence a service of any kind, and a payment has been made by the client, these monies are non-refundable in full once KSM Investigations has commenced work on the client’s instructions.

Any refund made or offered by KSM Investigations will be limited by funds available after any direct or indirect liability incurred by the Agency, including time used for the purpose of meetings, consultations, travel or preparation, has been covered.

If no work has been commenced by KSM Investigations, and it is agreed by KSM Investigations that a refund can be made, a refund less 25% administration fee will be made.

If a refund is not considered optional by KSM Investigations a credit of the hours may be offered and available to the client for 6 months from the date of original payment.

6. Notices

For the purposes of these terms and conditions, in particular of any dispute the address at which the company should be contacted is at [email protected]. The Heading should state the word “Dispute” The Provider’s business mobile number is 07944 512578 and a text should also be sent to the said mobile number confirming that an email has been sent marked ‘Dispute’.

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