At FinderMonkey Limited we offer the highest standards of service so you can be sure you have come to the right place. We have tried to make our terms and conditions as simple and straightforward as possible. If you have any questions then please feel free to call us on 0113 825900 and we will be happy to help.
Here are the 'legals'...
FinderMonkey Limited Terms & Conditions for the Supply of Services
The Customer's attention is particularly drawn to the provisions of clause 8.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Charges: the charges / fees payable by the Customer for the supply of the Services in accordance with clause 5 including but not limited to full fees, traced fees, ‘no find no fee’ fees, upfront fees, service fees and fees in respect of intermediary Services.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.8.
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer / you / your: the person or firm who purchases Services from the Supplier.
In Depth Search: adoption trace or a family search.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Order: the Customer's order for Services in the form of an online enquiry form or as otherwise set out in writing or orally from time to time.
Services: the tracing and/or investigatory services supplied by the Supplier to the Customer as more particularly set out in the Specification.
Specification: the description or specification of the Services provided in writing by the Supplier to the Customer.
Supplier / we / us: FinderMonkey Limited registered in England and Wales with company number: 6987749.
Supplier’s Website: www.findermonkey.co.uk and such other sites operated by the Supplier from time to time.
1.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.
2. Basis of contract
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Order shall be deemed to be accepted when the Supplier issues written acceptance of the Order; or on commencement of the Services by the Supplier; or on the Supplier taking an initial payment from the Customer (whichever is earlier), at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by the Supplier shall not constitute an offer, and is only valid for such period as the Supplier communicates in writing from time to time.
3. Supply of Services
3.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates as agreed, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
3.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill. Whilst the Supplier uses reasonable endeavours to ensure that search results and reports it provides are as accurate as possible, it accepts no responsibility for the accuracy or completeness of results and reports, data or information provided by any third party or derived from any internal or third party sources or databases).
3.5 All rechecks requested by Customers in respect of results provided by us must be requested no later than 28 days of the date of receipt by a Customer of such results.
3.6 Customers will still be charged the full trace fee if it is discovered that the person searched for is deceased, due to the costs involved in confirming the information.
3.7 Customers must request and agree with the Supplier any offers and provide any discount codes to the Supplier during the initial consultation prior to the Commencement Date. On completion of the investigation Services the Customer will be charged and agrees to pay the full fee confirmed by the Supplier during the consultation. Discounts and offers cannot be redeemed after confirmation has been provided by the Supplier orally or in writing that it will perform any investigation Services.
3.8 If a Customer orders a trace on a person who owes them money and the Supplier ascertains that the subject has been declared bankrupt the Customer will be charged and agrees to pay the full trace fee and any third party costs incurred by the Supplier in searching for the information.
3.9 If Customers have ordered a “No Find No Fee” search the Supplier shall endeavour to carry out the search on this basis. If however the Supplier in its reasonable opinion needs to order any documents (including but not limited to birth certificates) then Customers may be offered an In Depth Search, which would require payment by the Customer of an upfront fee to cover expenses such as the researcher’s costs and the cost of any documents that the Supplier may need to order. Customers are under no obligation to proceed with an In Depth Search but should any Customer choose to do so then all sums referred to above will be payable by that Customer on a non-refundable basis.
3.10 Search results will be supplied to the Customer upon receipt of payment of all Charges by the Supplier from the Customer in full cleared funds. Results will normally be sent via email or via post by Royal Mail if requested by the Customer.
3.11 Service fees are non-refundable except as otherwise detailed in these Conditions and for the avoidance of doubt the initial payment made by you to us (which we are required to pay to third party service providers) is non-refundable regardless of whether or not we are able to find the person you have asked us to look for.
3.12 We pride ourselves on offering only the highest standards of service. We trace people ethically and with integrity. We will assist our customers in any way we can, if you need help understanding any results we supply, feel free to contact us and we will be happy to help. If you are unsure of what product or service you need, feel free to give us a call to discuss your requirements.
3.13 Some Customers know what information they need but don’t know which service to order, if this sounds like you then just call us on 01132 825 900 and we will talk you through your options.
3.14 Our staff will act as follows:
- Be courteous, helpful and give a polite efficient service at all times;
- Give clear advice and information;
- Be discreet at all times; and
- Search ethically and with integrity.
3.15 We shall use reasonable endeavors to perform the Services as follows:
- Conclude all new cases within such time frame as we specify in writing from time to time.
- Raise any case queries with the Customer within 24 hours.
- Check every document we produce for material inaccuracies within our control and knowledge.
- Aim to confirm addresses through database enquiries and local contacts (although you accept that as we rely on third party data and information the accuracy of which is beyond our control we cannot therefore warrant the accuracy of such addresses).
4. Customer's obligations
4.1 The Customer shall:
- ensure that the terms of the Order and all other information it provides in the Specification and otherwise to the Supplier are complete and accurate;
- co-operate with the Supplier in all matters relating to the Services;
- provide the Supplier with such information and materials as the Supplier may require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- obtain and maintain all necessary licences, permissions and consents which may be required to receive the Services before the date on which the Services start; and
- undertake that it is not using the Services for any unlawful purpose, and that use of the Services would not breach any Court order or any other law or regulation.
4.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
- the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
- the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 4; and
- the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
5. Charges and payment
5.1 The Charges payable for the Services shall be as communicated by the Supplier to the Customer in writing (including email) and/or detailed in these Conditions from time to time.
5.2 The Supplier shall be entitled to charge the Customer for any costs and expenses reasonably incurred by individuals and third parties whom the Supplier engages in connection with the Services, for the cost of services provided by third parties and required by the Supplier for the performance of the Services and for the cost of any materials.
5.3 Unless otherwise specified by the Supplier in writing the Supplier shall invoice the Customer when the Services have, in the Supplier’s opinion, been completed. The Supplier reserves the right to request an advance payment from the Customer prior to delivering the Services to the Customer.
5.4 The Customer shall pay each invoice submitted by the Supplier:
- within 7 days of the date of the invoice;
- in full and in cleared funds to a bank account nominated in writing by the Supplier, and
- time for payment shall be of the essence of the Contract.
5.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT) unless otherwise agreed. Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.6 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (Due Date), the Supplier shall have the right to charge interest on the overdue amount at the rate of 4 per cent per annum above the then current HSBC Bank Plc’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
5.7 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
5.8 All credit terms/periods must be agreed with the Supplier in writing.
6. Intellectual property rights
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer's use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
6.3 All Supplier Materials are the exclusive property of the Supplier.
7.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7.1 shall survive termination of the Contract.
8. Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract or for death or personal injury except as set out in clause 8.1 (a) above;
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the total price paid by the Customer to the Supplier under the Contract; and
(c) for the avoidance of doubt the Supplier accepts no liability for losses allegedly suffered by Customers as a direct or indirect result of third parties instructed by the Customer (including but not limited to debtor tracing, tenant tracing and/or bailiff related costs) nor does the Supplier accept any liability howsoever arising in respect of any reliance placed by a Customer or other third party on any reports, information or search results provided as part of the Services.
8.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.4 This clause 8 shall survive termination of the Contract.
8.5 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9. Termination & Cancellation
9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing of the breach;
- the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
- the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
- the other party (being an individual) is the subject of a bankruptcy petition or order;
- a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
- an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
- a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
- a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
- any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause b to clause i (inclusive);
- the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
- the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
9.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
9.3 Without limiting its other rights or remedies, the Supplier shall have the right to terminate the Contract by giving the Customer reasonable notice.
9.4 Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause b) to clause l, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
9.5 Search requests may be cancelled by you without cost within 24 hours of making such request to us orally or in writing, however for any cancellations made after this 24 hour period all costs and expenses incurred by us in relation to the search request will be payable by you in full. If you are an individual consumer and not a business you have 14 days after the Commencement Date to cancel any Services. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. If you are exercising your right to change your mind we may deduct from any refund (which we shall issue to you within 14 days) an amount for the supply of Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10. Consequences of termination
10.1 On termination of the Contract for any reason:
- the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
11.1 Force majeure:
11.1 Force majeure:
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
11.2 Assignment and subcontracting:
- The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
- The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- Any notice or other communication required to be given to a party under or in connection with this Contract (including any notice to cancel or terminate any Services or the Contract) shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
- Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to below or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
- This clause 11.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
- A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
11.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier.
11.9 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
12. Company Details
Company Name: FinderMonkey Limited
Registered Office: Oulton Institute, Quarry Hill, Oulton, Leeds, LS26 8SX
Company Registration Number: 06987749