Terms of service & consent to process personal data

IMPORTANT INFORMATION CONTAINED HEREIN PLEASE READ

Last updated 27/09/23

By instructing Operant Investigators Ltd, trading as Operant Investigators, Operant Private Investigators and Operant Detectives to begin with a case on your behalf, you are agreeing to these terms in their entirety.

Services

Operant Investigators Ltd Group Ltd (Operant Investigators Ltd) shall provide the following services (“services”) to the Client in accordance with the terms and conditions of this Agreement: Services include, but are not limited to Tracing, Surveillance, Background checks, Asset location, Pre-employment checks, Missing person/s location, vehicle tracking, process serving and matrimonial matters.

Delivery of our services

Operant Investigators Ltd shall commence the provision of the services at a time agreed by both parties.

Operant Investigators Ltd shall complete/cease to provide the services either when the objective of the services has been achieved or when Operant Investigators Ltd deems fit.
Operant Investigators Ltd will not be held responsible for loss of the subject of any surveillance operation, due to weather, traffic, interference, natural disasters, acts of god or other uncontrolled conditions.

Operant Investigators Ltd will endeavour to provide all its services within the shortest amount of time possible. On some occasions, a trace may take slightly longer than the quoted time. If this occurs, the client is still bound by the terms and as such, our fee is still payable.
Under certain circumstances, Operant Investigators Ltd will offer you the option of having daily surveillance updates. On these occasions, we or our agents may not provide full written reports. We will advise you of this upon receipt of your instructions or as soon as it is operationally possible.
On some occasions, it may not be possible to provide photographic evidence during a surveillance. However, we will where possible, endeavour to utilise covert body worn equipment in these circumstances. This cannot be guaranteed, and you will be notified of such as soon as is operationally possible. The client understands that they have the same duty of confidentiality they would expect from Operant Investigators Ltd in regards to information they give, receive, process, store, disseminate or use in respect to each investigation.

Operant Investigators Ltd are not able to offer finite, generic results for a background check,asset check or pre-sue report. We cannot guarantee to provide all elements of the fee. Due to the nature of these cases, we do not know the exact level of information that can be obtained until we initiate the case. As such, should every element not be available, we do not offer refunds in part or in full. Furthermore, as we use the data supplied by the client when conducting all investigations, should the client provide false or wholly inaccurate data from the outset or withhold critical information, we will not be held responsible for the content of any reports provided by us. It is the client’s responsibility to provide accurate information concerning the subject of any investigation. The timescales quoted for background checks should be taken as a guide only.

3. Employment traces

Our no fee, no trace service is not extended to employment traces. An employment trace is an exact trace, based on the details provided by our clients. As such, our agents search every available employment data set and make discreet enquiries in person.

Limitation of liability

a. Subject to the Client’s obligation to pay the cost of the services to Operant Investigators Ltd, Operant Investigators Ltd liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the services.
b. To the extent it is lawful to exclude the following heads of loss and subject to the Client’s obligation to pay the cost of the services, in no event shall Operant Investigators Ltd be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
c. No clauses will serve to limit or exclude either party’s liability for death or personal injury arising from its own negligence.

Terms and Terminations

a. These terms shall be effective on the date hereof and shall continue, until the Completion Date.

b. Either Party may terminate this Agreement upon notice in writing if the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 7 days of written notice from the other Party so to do; or

c. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either Party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

d. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

Law

a. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the services contemplated herein.

b. The Client will hold harmless, protect, and defend Operant Investigators Ltd, its subcontractors and agents from any claim, suit, penalty, tax, fine, or tariff or any failure to comply with any such laws, taxes and tariffs.

Legal Notice

a. Notwithstanding anything to the contrary contained in these terms, neither Operant Investigators Ltd nor any of its employees or agents warrants that the services will be uninterrupted.

b. In no event will Operant Investigators Ltd be liable to the Client or any third party for any damages including, but not limited to: service interruptions caused by Acts of God, power failures or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to provide the Services, failure of any service provider, of any telecommunications carrier, of any sub- contractor, even if Operant Investigators Ltd has been advised of the possibility of such damages.

c. In the event GPS tracking technology of any kind is utilised in the progress of a case, the client will not disclose the usage, potential usage, or consideration of usage of such a device to anyone outside of their legal representatives, other qualified and appropriate professionals involved professionally in the case and/or the Operant Investigators team. If by any means the client discloses such information inappropriately the case will be immediately terminated and any fees paid in advance of service may be forfeit, in accordance with UK Law. If by any means, the disclosure results in the loss of any GPS tracking device, the client will make reasonable steps to recover such property of Operant Investigators Ltd to limit the losses as a result of their disclosure. If for any reason their disclosure results in the permanent loss, destruction, or otherwise renders the device inoperable and/or in need of repairs, of a GPS tracking device, the client will be liable for replacement costs, which will be no more than £400. Clients maintain a responsibility to ensure ongoing operations are secure and they do not disclose information that may harm their own investigation and give cause for a loss of property and/or time of Operant Investigators Ltd. In the case of GPS tracking technology, the client's disclosure of such a device to another person, which causes the permanent loss, destruction, or otherwise renders the device inoperable and/or in need of repairs, with their prior agreement written in our terms herein, will be made liable for the loss.

d. This agreement constitutes the sole agreement between Operant Investigators Ltd and the Client regarding any services provided by Operant Investigators Ltd.

Payment

Ordinarily we will accept payment of charges by credit card, debit card, charge card, direct debit, bank deposit and PayPal, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment may be dishonoured.

The customer may not withhold payment of any invoice or other amount due to Operant Investigators Ltd by reason of any right of set-off or counterclaim which the customer may have or is alleged to have for any reason whatsoever. All payments, unless otherwise agreed, are due within ten (10) days of Operant Investigators Ltd raising the invoice to the client. We will not discuss the contents of our reports in any detail until the fee due has been paid in full. See section e for more detail on payments.

You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the services, in accordance with the rates and Terms and Conditions established from time to time by Operant Investigators Ltd. Most services requires a deposit, deductible from any final invoice or payment in full before commencing service. Any and all amounts payable for services shall be payable within ten (10) days from the date of invoice, unless previously agreed. Operant Investigators Ltd shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services, unless otherwise agreed.

Unless you notify Operant Investigators Ltd in writing of any discrepancies or unauthorised charges within ten (10) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of enquiries made by your card issuer. You release Operant Investigators Ltd from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Operant Investigators Ltd within ten (10) days of its first appearance on an invoice, credit card statement or carrier bill.

Fees are payable 10 (ten) days after the date of invoice, unless agreed otherwise PRIOR to instruction. Operant Investigators Ltd expect payment from you, regardless of your agreement with your client. The client not receiving payment from their client will not be deemed sufficient reason for your delayed payment to Operant Investigators Ltd. Some fees will be required in advance of commencing the task. All fees are payable before we send reports – this is mandatory and non-negotiable.

Any fees not paid within the agreed time will attract further charges payable from the fee due date as detailed in the 'Default in Payment' Section of this agreement.

Operant Investigators Ltd do not offer refunds unless agreed at the outset of any investigative work. Cancellations. Once our agents have been assigned to the client’s case, cancellations cannot be accepted under any circumstances. Should a cancellation be received once the assignments have been confirmed or commenced, all outstanding fees and balances will be liable for payment by the client.

If a client withholds relevant case detail or information when instructing us, which later becomes available, Operant Investigators Ltd reserve the right to cancel any and all agreement/s. Furthermore, any payments made will not be refunded.

If at any stage after we have been instructed to conduct a trace, the client instructs another agency for the same trace, we reserve the right to cancel the agreement. Under these circumstances, our fee will be payable, in full or a cancellation fee of £195.00 will be payable at our discretion.

All fees are payable in full, before we will send the client any details relating to the report, reports or part thereof. This stands unless prior arrangement with Operant Investigators Ltd has been agreed.

Some fees may be payable in full, in advance. We will notify you of this upon acceptance of your instructions.

Operant Investigators Ltd will provide at least three forms of payment to the client. These will include Visa/MasterCard, bank transfer or PayPal. Operant Investigators Ltd do not accept any responsibility for failed payments of any type. Operant Investigators Ltd do not accept cheques.

As we take most person trace cases on a no trace, no fee basis and incur costs as soon as we initiate a trace instruction, we do not accept a cancellation of the instruction once submitted to us.

Default in Payment

In default of due payment of its invoice, Operant Investigators Ltd may in its absolute discretion and irrespective of any other rights maintain an action against the customer for the invoice sum upon which interest shall be payable at the rate of 1.5% per calendar month or part thereof from the date of the invoice until payment.

The customer shall indemnify Operant Investigators Ltd against any legal costs which it may reasonably incur to recover its invoice sum. To trace or confirm a client’s address prior to proceedings - £250.00. Cost per email/letter to pursue the debt - £40.00. All legal costs at the prescribed amount. Bailiff and High Court Enforcement Officer visits will be charged at their prescribed rate per visit. Any other costs incurred by Operant Investigators Ltd in pursuit of the overdue fee will also be charged.

h. Should the client be based outside of the UK, additional charges such as Lawyer fees and all disbursements will be levied against the client.

i. All costs will be due in Pounds Sterling unless otherwise agreed in writing.

j. If a payment is stopped or cancelled once we have started your case or sent the report, we will, without ANY notice, issue Court Proceedings for recovery of the debt and all associated costs as above.

Cancellation of services

a. In the event of cancellation by the client of any service prior to the service being started, the client shall be responsible for all costs incurred by the company. Payment of these costs becomes due immediately. Case opening fees are at a minimum of £80.

Complaints procedure

a. If the client believes they have a grievance, this must first be advised by email or writing. All complaints must be made writing to our office address or by email to contact@operantinvestigators.co.uk . They must clearly state they are making a complaint in the email subject line or main text body. Results of inquiries are never guaranteed. The complaint must be accompanied by all supporting evidence. All complaints will be acknowledged within 5 (five) days and resolved within 14 (fourteen) days unless otherwise notified. Any client posting to social media or review sites before we have concluded our enquiries, will forfeit their right to a refund, retrace or otherwise.

These terms and conditions shall be governed by British Law and any dispute arising out of or in connection with the same shall be determined by the English Courts. By instructing Operant Investigators Ltd, you are agreeing to be bound fully by these terms.

Legal status for receiving information

The client accepts the following information to be true wholly:

There is no legal impediment to their possession of the information they are requesting.

The client is not subject to any of the following: non-molestation order, restraining order, sexual harm prevention order, a deprivation order or any other court or police appointed restriction on their handling, receiving or processing of data or usage of IT equipment.

By receiving this information or by any other circumstance related to receiving this information they have no reasonable belief that a crime or any other legal violation of any kind would occur as a result.

The client understands that information which is deemed as illegal, not appropriate or otherwise not fit for purpose in the context of the legal basis the client has for requesting inquiries will not be shared with the client unless the information is publicly available.

GDPR – Legal basis for requesting information

The client accepts the following information to be true wholly:

They have provided Operant Investigators Ltd with a reason for requesting the information, surveillance or investigation. This reason is the clients legal basis for requesting the information they have requested. The legal basis for requesting the information is true.

They have a valid legal basis for the request of the information as defined in the Data Protection Act 2018 and guidelines given by the Information Commissioners Office, they understand this and testify they have a valid basis for requesting the information. If you inform us or we discover by any virtue that you have no legal basis for requesting the information then we will terminate the investigation immediately, you will receive no further information regarding your enquiry, case or investigation.

We may not issue a refund and reserve the right to terminate the service without recourse to any refund. However we may issue a refund if significant work has not been started yet or if the client genuinely thought they did have a legal basis, this is entirely at the discretion of the investigator leading the case.

Disclaimer

The client accepts the following information to be true wholly:

The information given to them at any time is not intended to be used for legal or court use unless stated specifically.

They wholly accept that Operant Investigators Ltd (Operant Investigators) accept no liability of damages or any other legal recourse occurring as a result of the receipt of any information provided or anticipation thereof.

Results of inquiries are not guaranteed. Operant Investigators Ltd cannot and will not be made liable for the results of inquiries which it cannot or does not assure the outcome of.

Consent to process personal data

In the process of opening a case file and making inquiry's for each client Operant Investigators Ltd may process their personal information such as payment details, requested information and other pertinent information, they give their consent for Operant Investigators Ltd to process their personal information for this use.

In cases where the client has a relationship of any kind with the information requested, the information gathered, recorded, stored, processed and disseminated could be in relation to the clients own personal information which they give Operant Investigators Ltd consent to be gathered, stored, recorded, processed and disseminated in due course of the investigation by Operant Investigators Ltd.

The client consents fully and wholly to be contacted by Operant Investigators Ltd by any means during the cases duration and up to 180 (one hundred and eighty) days after case closure for updates on the case outcome, customer feedback, marketing, outstanding payments, insurance claims, litigation and/or important updates. For this purpose we may keep a contact email address, phone number, address, website or other means of contacting on record to ensure we can stay in touch. Please see below regarding case information records.

Closed cases & deletion, destruction or elimination of records

After payment has been settled and all available information has been sent to you within the scope of the requested investigation, the case will be considered closed.

Once your cased is closed it is company policy and you also agree, that all digital data 16 (sixteen) weeks  after the case is closed will be deleted. This includes any photographs, records, documents, certificates, investigator notes and other data. All correspondence will also be deleted including phone records, social media messaging, text messaging, emails and any other correspondence within 26 (twenty six) weeks but usually sooner.

All physical (hard copy) records will be destroyed 16 (sixteen) weeks after case closure to give you the opportunity to request them before they are destroyed.

You can request deletion of data and destruction of hard copy physical documents at any time during the investigation and after. We will carry out the instruction within 2 (two) working days of receipt.

This it to protect your information and privacy.