Professional Information Agency Limited
In these terms and conditions, “Terms” means these terms and conditions in full. “Instructions” means any request (written or otherwise) for the supply of Services received by PIA from the Client. “Service” means the investigation of individuals or companies, or tracing of individuals or companies, or interviewing, collecting, collating or otherwise gathering any information from third parties about individuals or companies (with or without a written report supplied by PIA) or any other previously agreed service at the Client’s request. “The Client” means the party requesting the Services. “PIA” means the business of Professional Information Agency Limited of Titanic Suites, 55-59 Adelaide Street, Belfast BT2 8FE
(A) The acceptance of Instructions by PIA shall constitute a contract subject to these Terms. All Instructions shall include full details in writing of the Services required together with any particular requirements.
(B) Any variation of the Instructions must be in writing and signed by the Client and an
authorised representative of PIA.
(C) Where a fixed price is quoted by PIA such price will be the price for the Services. In all other cases the price is based upon cost of materials, labour, transport, fuel and any statutory fees or outlay and all other relevant factors applying as at the date of the receipt of the request for Services by PIA, however if between that date and the date on which the Services are completed there is a variation in these costs, then the price shall be amended to provide for such variation. The price shall also be amended where the Client gives special Instructions necessitating the working of overtime or other additional costs incurred by PIA.
(D) PIA shall, under no circumstances, be involved by the Client in any matter likely to contravene any laws, by-laws, statutes, or other statutory instruments or requirements. PIA reserves the right to refuse to provide a Service to any Client who shall request such action likely to contravene any laws, by-laws, statutes, or other statutory instruments or requirements or terminate at once any work which shall appear to contravene any laws, by-laws, statutes, or other statutory instruments or requirements, from the moment of its discovery. PIA shall have the right to charge for such work undertaken, up to and including any such termination.
Unless otherwise agreed in writing, the Client will provide PIA with all relevant information in relation to the individual or company to be investigated or traced in the Client’s possession. This information will be relied upon by PIA to provide the Services and PIA shall not in any way howsoever be liable for any mis-statement, which shall be found subsequently to be the result of the information provided by the Client, and any damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability arising from such a mis-statement shall be the sole responsibility of the Client.
(A) In the event of PIA being delayed in or prevented from supplying the Services owing to an Act of God, force majeure, war, civil disturbance, requisitioning, government or parliamentary import or export regulations, strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of equipment or machinery, shortage of fuel, fire, accident or any other cause whatsoever beyond PIA’s control, PIA shall be at liberty to cancel or suspend the contract without incurring any damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability resulting to the Client as a result of such cancellation or suspension.
(B) Whilst all dates for the carrying out or completion of the Services are given in good faith, based upon information available to PIA at the time of accepting the Client’s request for Services, the Client acknowledges that any dates given are not guaranteed and PIA accepts no liability for delay in completing the Services and delay shall not entitle the Client to repudiate the contract or any part thereof or to claim any damages direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or any other compensation in respect of the said delay.
(C) Where the Client makes any amendments in its Instructions then any estimated completion date previously given by PIA shall not apply.
The right is reserved by PIA to sub-contract all or any part of the Service without prior notice to or consent by the Client.
(A) Fees quoted are nett of VAT and outlay. Each request for Services will be invoiced separately by PIA to the Client. Subject to credit being approved, fees are due for payment within 7 days of completion of the work undertaken, with 75% deposit being required in advance of Investigations or Special Instructions. Failure to make payment for any Service shall entitle PIA to suspend or not undertake further work on behalf of the Client, without prejudice to any other rights of recovery that PIA may have.
(B) PIA reserves the right to charge a separate or supplemental fee where the Client requests that PIA carry out further work by retracing, or reinvestigating any subject, or reconfirming any matter following completion of the Services.
(A) PIA shall take all reasonable precautions to ensure that due care and diligence is taken in relation to the provision of Services and that the contents of any written report provided to the Client is accurate as far as the same complies with information obtained by PIA during its enquiries.
(B) Where it transpires that any information obtained in a written report is incorrect the Client shall, within 7 days of the date of that report being received by the Client, notify PIA in writing of the same, giving full details of any inaccuracies. PIA reserves the right to charge a separate or supplemental fee for correcting any inaccuracy to the Client where the information is alleged to be incorrect as a result of:-
(i) a subsequent change of address between the date of the report and the Client notifying PIA under this clause;
(ii) the assertion by any third party of the non-residence or change of circumstances of the subject individual or company to whom the report relates at a specified address;
(iii) the return of mail to the Client addressed to an address specified in the report; or
(iv) the failure of the Client or its agents and employees to make contact with or confirm the residence of the subject individual or company to whom the report relates.
(C) Except as expressly provided for in this clause, PIA will not be responsible for any damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability whatsoever arising from misuse of the information contained in any report, inaccurate information directly derived from third party sources, or arising out of situations outside the control of PIA.
(D) The Client acknowledges the fact that the provision of the Services by PIA may alert the individual being investigated to this fact and while PIA will not make any direct approach to the individual without the consent of the Client, PIA accepts no liability for any damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability arising by reason of the provision of the Services prejudicing any subsequent action taken by the Client against the subject individual or company to whom the Service relates.
(E) PIA does not guarantee the veracity, accuracy, truth or reliability of information provided to the Client as a result of investigations undertaken on behalf of the Client. Where PIA is required to obtain, interview, collect, collate or otherwise gather any information from third parties, PIA does not guarantee the veracity, accuracy, truth or reliability of information obtained. PIA reserves the right to draw reasonable conclusions from such information provided when preparing its report to the Client, without accepting any liability for any damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability incurred by the Client as a result of such conclusions being acted upon by the client.
(F) No conversation, document, letter, report or other communication provided by PIA to the Client may be used in part or whole in any legal or litigious matter or for any other purpose, without the express consent of PIA. No conversation, document, letter, report or other communication provided by PIA to the Client shall constitute, except as expressly stated, a statement of truth, affidavit, witness statement or matter of fact by PIA, its employees or sub-contractors or any third party to the investigation undertaken for any Client.
(A) Subject to the aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities whatsoever imposed are hereby expressly excluded.
(B) PIA accepts no responsibility for damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability, whether of the Client or of any other party, arising out of the negligence, breach of contract or breach of statutory duty or in any other manner arising of PIA. Any liability of PIA shall be strictly limited to reasonable rectification of the Service provided.
PIA furnishes information and carries out Services on the Client’s behalf on the strict understanding that all information provided by PIA to the Client, whether written or oral, is confidential and intended for the sole use of the Client and shall not be divulged to any third party without the prior consent of PIA. PIA shall not convey, misuse or otherwise disclose to any other person, except to persons to whom disclosure must be made by PIA in the proper provision of the Service or in the interests of public safety or of matters of a nature likely to contravene any law or to any public officials to whom information must be disclosed, any information concerning the Client, their business, or affairs which become known to PIA directly or indirectly as a result of providing the Service.
The waiver by either party of the breach or default of any provisions of any contract by the other party shall not be construed as a waiver of any subsequent similar breach or default. No delay on the part of either party to exercise or avail itself of any rights that such party may have here under shall operate as a waiver of any breach or default by the other party.
These Terms and Conditions constitute the entire agreement and understanding between the parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the provision of Services by PIA to the Client. Neither party shall be entitled to rely on any representation which is not expressly set forth in these Terms and Conditions or agreed in writing by the parties.
The provision of Services by PIA to the Client and all matters arising there from shall be construed in accordance with the Law of Northern Ireland.