Our general terms and conditions, covering all of our services
Please read through the following Terms and Conditions carefully. Your contract – and therefore by extension, your use of our services – is dependent on your full acceptance of and compliance with these Terms and Conditions.
It is vital that you understand the scope of your engagement with us. If you have any questions, please do not hesitate to contact us.
1.1 These terms and conditions of contract constitute the sole agreement between The Due Diligence Group Limited , a limited company registered in England with registration number 11735014 at the following address Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (“The Company”) and the Client in connection with all and any services provided by The Company to the Client.
1.2 These terms of business set out the basis on which The Company shall conduct all activities The Company is instructed to do so pursuant to the instructions provided by the client and shall be read in accordance with any ancillary communication provided by the Company. Any specific issues arising in respect of individual matters shall be notified to you in writing.
1.3 Any work undertaken by The Company shall be done only when the Company is satisfied that there is a sound and valid basis for such work to be conducted. Should it come to the attention of The Company that information pertinent to the validity of the work was misrepresented, fabricated or withheld all work shall cease immediately and no refund would be offered.
1.4 It is the clients’ sole responsibility to ensure any documents or data delivered to the client by The Company are retained by the client. Any data, be it data pertaining to the client or any data collected through the course of an investigation shall be retained by The Company for no longer than three months on completion of services. After this period, unless otherwise instructed in writing by the client all data shall be destroyed.
2. Tracing Services:
2.1 You accept that any work undertaken by The Company shall be done so once it has been established that there is a genuine and sound basis for any form of investigation activity to commence. Should it come to the attention of The Company at any time that you have misrepresented, fabricated or withheld any such information relating to the veracity of the investigation all work shall cease immediately without notices and no refund would be offered.
2.2 In line with these terms & conditions, The Company takes the safeguarding of clients and subjects seriously. A sound and valid reason must be established prior to any trace work to being conducted
2.3 By accepting these terms and conditions the client agrees to accept the results provided by The Company. The client accepts that in the event that The Company cannot supply the requested information then no refund will be offered as the investigative work and research will have still been conducted unless agreed by The Company in writing.
3. Costs & Payment
3.1 Services must be paid for in advance and The Company shall not be obliged to commence work until cleared funds are in its possession. In the event an account is in place then all balances must be paid within 30 days of any work commencing.
3.2 The Client shall pay all amounts of the agreed service in full without any deduction or withholding except as required by law. The client shall not be entitled to assert any credit, set-off or counterclaim against The Company in order to justify withholding payment of any such amount in whole or in part.
3.3 The Client agrees to wholly indemnify The Company 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 Company 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 14 days after The Company agrees to provide it. For traces that have resulted in no trace, the client will be refunded within 14 days once we have established that the trace results are negative. Traces can take anywhere from 24 hours to seven days to complete.
3.4 Any dispute in relation to any amount charged by The Company must be notified to The Company by the Client within 30 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 Company from all and any liability.
3.5 In the event that you are not satisfied with our services and you request a chargeback via your debit/credit card provider, we reserve the right to defend that chargeback and provide any evidence necessary to your debit/ credit card company as proof that we fulfilled our contractual obligation to you. We may also in certain circumstances report any client trying to commit chargeback fraud to the relevant bodies and authorities.
4.1 If you are not satisfied please direct your complaint to us in the first instance. All complaints made to us will be dealt with as expediently as possible. You can view our complaints policy here.
5.1 The services we provide you with, based on information provided by you and does not constitute advice to any third party to whom you may communicate it.
6. Rights of Third Parties
6.1 The terms on which we are acting on your matters (contained herein or otherwise) are intended to be enforceable solely by you and us. We do not accept any liability for services or information provided by any third parties instructed by you on your behalf in respect of your matters.
7. Confidentiality & Sub-contracting
7.1 We will treat as confidential, all information concerning your personal and business affairs received as a result of your instructions and will not disclose the information to any third party except to those persons whom we deem necessary to inform solely for the purpose of conducting your instructions and then those individuals will be bound by the same terms as set out herein, unless such information (a) is or becomes generally available to the public or (b) is required to be disclosed in any jurisdiction by any law. For the avoidance of doubt, the performance of some or all of the agreed methods to meet the defined objectives, may require us to outsource our services to a sub-contractor/sub-processor; it is unequivocally agreed that we do so with your agreement providing we in turn do so to a party that is in turn bound to contractual terms within the parameters of your instructions to us and our contract with you and in particular mirrored Terms of Business covering Confidentiality, Conflict of Interest, Compliance and Data Protection as those terms set out herein. We reserve the right to require you to enter into a separate confidentiality agreement should we deem it necessary. For the purpose of law enforcement and/or fraud awareness/prevention or enforcement it is agreed that commercial data acquired by us in the course of your instructions may be shared at our discretion. We reserve the right before we commence any actions or activities on your behalf to conduct due diligence on the client and instructions. This may require that you provide proof of your identity prior to undertaking your instructions.
8.1 We shall only communicate with the client directly or with individuals authorised by the client. If you have any specific security requirements relating to the communication of information to you or your company (as the case may be) then please advise us.
9. Cancellation and Refunds
9.1 Where The Company has been instructed to commence a service of any kind, and you have paid us in advance for these services, we are entitled to deduct from these monies for costs for any work undertaken based on these instructions. Any failure to disclose or any attempts to withheld information by you which undermines or negates any investigative work conducted by the Company may result in work ceasing and no refund offered.
9.2 Any refund made or offered by The Company will be limited by funds available after any direct or indirect liability incurred by The Company, including time used for the purpose of meetings, facilities hire, consultations, travel or preparation, has been remunerated. Please allow up to 30 days for refunds to be processed.
9.3 If for any reason The Company 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 14 days after The Company agrees to provide it. For traces that have resulted in no trace, the client will be refunded within 14 days once we have established that the trace results are negative.Traces can take anywhere from 24 hours to seven days to complete.
10. Documentation / Personal Data
10.1 If at the end of an investigation you wish us to return or send to you or another individual or deposit in safe custody any documentation, which we have acquired from you or on your behalf in respect of such matter, please provide written instructions of the same. In the event that we receive no instructions, we shall retain such documentation and any personal data on our files or electronically, securely for a period at our discretion not exceeding 8 weeks during which period we will also retain records of our processing activity.
10.2 We shall submit to audits and inspections, provide you with whatever information you need to ensure that we and you are both meeting the Article 28 obligations, and tell you immediately if you instruct us to do act in a way infringing the GDPR or other data protection law of the EU or a member state.
11. Variation of Terms
11.1 We reserve the right to amend or supplement any terms herein contained generally or specific to any matter by providing notice in writing.
12. Data Protection
By using our service you agree you have a compliant legal basis to request your investigation from us to comply with GDPR regulation.You can always consult the ICO to verify GDPR compliance.
12.1 For the avoidance of doubt the instructions are accepted on the basis that our services are conducted under the direction of the client and as such we are deemed the Data Processor and the client, and/or the principal, is deemed Data Controller.
12.2 All our searches are Compliant and Discreet but in any event by instructing us, you confirm that you have a lawful basis (eg. Legitimate interest) for processing data on the data subject and that you have conducted a Data Protection Impact Assessment.
13. Governing Law
13.1 These terms of business are governed by and shall be construed in accordance with the laws of the jurisdiction applicable to our head office (principal place of business) and you agree to submit to the exclusive jurisdiction of the Courts therein.
14.1 For the purposes of these terms and conditions, the address at which notices can be left or to which notices can be sent by post is the address cited at 1.1 of these terms.
Please note that calls may also be recorded for training and quality purposes.