1. ACCEPTANCE OF TERMS

These Terms and Conditions govern the provision of services by PB Process Servers UK Ltd (“we”, “us” and “our”).

“Client”, “you” and “your” means the individual, company, firm, organisation or other entity instructing us.

By confirming an instruction, sending documents to us for action, making payment or otherwise engaging our Services, you agree to be bound by these Terms and Conditions.

These Terms and Conditions, together with any written quotation or confirmation of instruction issued by us and our Privacy Policy, constitute the agreement between the parties and supersede any previous discussions, representations or agreements relating to the instruction.

If there is any conflict between a written quotation or confirmation of instruction and these Terms and Conditions, the written quotation or confirmation shall take precedence only to the extent of that conflict.

We reserve the right to amend these Terms and Conditions from time to time. The version published on our website on the date that an instruction is accepted by us shall apply to that instruction.

Nothing in these Terms and Conditions affects any statutory rights available to a Client acting as a consumer.

2. DEFINITIONS

“Services” means process serving, enquiry agent services, tracing services, investigations, document delivery and any other related services supplied by us.

“Client” means the individual, company, firm, organisation or other entity instructing us.

“Consumer” means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

“Business Client” means a Client acting in the course of a trade, business, craft or profession.

“Process Server” includes any employee, agent, subcontractor or third-party operative appointed by us to perform the Services.

“Instruction” means the work requested by the Client and accepted by us, as described in our quotation, correspondence, file-opening confirmation or other written communication.

Where the Client consists of more than one person or organisation, each shall be jointly and severally liable, except to the extent that this would be inconsistent with any applicable consumer-protection law.

 

3. SERVICES

We provide process serving, private investigation, enquiry agent, tracing and related legal-support services throughout England and Wales and, where appropriate, through appointed agents elsewhere.

The scope of the Services shall be determined by the instruction accepted by us and any subsequent variation agreed in writing.

We reserve the right to refuse, suspend, modify or terminate any instruction where we reasonably believe that it is unlawful, unsafe, misleading, abusive, impractical or otherwise inappropriate.

The Client must comply with the instruction, information and safety requirements set out in section 4.

While we will use reasonable endeavours to meet deadlines properly notified to us, attendance dates, completion dates and service times are estimates unless we expressly agree otherwise in writing. They are not guaranteed.

Where an instruction is placed on hold and no further instructions are received within 30 days, we reserve the right to close the file. Any subsequent request to reopen or continue the matter may be treated as a new instruction and may incur additional fees.

Services may be performed by our employees, agents, subcontractors or third-party Process Servers acting on our behalf.
We are not responsible for the loss, damage or destruction of original documents resulting from circumstances beyond our reasonable control. Wherever possible, copies rather than original documents should be supplied.

We operate at Legal Aid rates in some areas. The Client must notify us at the time of instruction if a matter is legally aided.

4. CLIENT RESPONSIBILITIES, INSTRUCTIONS AND SAFETY

4.1 How to Instruct Us

 

Before instructing us, the Client should review our current How to Instruct Us guidance at:

https://www.processserving.uk/how-to-instruct-us

This guidance explains the information and documents generally required to undertake an instruction efficiently and safely.

The substantive responsibilities of the Client are set out below and apply whether or not the Client has reviewed the guidance.

4.2 Complete and Accurate Instructions

The Client warrants that all information, instructions, names, addresses, documents and other details supplied to us are, to the best of the Client’s knowledge and belief, accurate, complete, lawful and not misleading.

 

The Client must provide clear and complete instructions, together with all information and documentation reasonably required for us to perform the Services, before the first attendance takes place.

 

This includes, where relevant:

•    The recipient’s full name and any known aliases.
•    The complete address or addresses to be attended.
•    The documents for service in their complete and final form.
•    The relevant court, claim, case or proceedings details.
•    All service deadlines, hearing dates, limitation dates and other important dates.
•    Precise instructions regarding the required method of service, including whether personal service is required and whether a court order or other authority permits or directs a particular method.
•    Confirmation of whether service upon another named person or responsible adult is authorised.
•    The form of proof required following service or attempted service and the date by which it is required.
•    Details of any requirement for a Certificate of Service, Statement of Service, Statement of Attempted Service, affidavit, notarisation, legalisation or other particular form of evidence.
•    Any information reasonably likely to assist with service, including telephone numbers, email addresses, usual routines, employment or workplace details, vehicle information, a photograph or physical description, likely whereabouts and previous attempts to contact or serve the recipient.
•    Any information suggesting that the recipient may avoid, refuse or attempt to evade service.
•    Any access arrangements or restrictions, including entry codes, intercom details, gated access, security arrangements, workplace reception procedures, private land or restricted sites.

 

4.3 Documents and Service Requirements

The Client remains responsible for ensuring that:

•    The correct person or organisation has been identified.
•    The documents are correctly drafted, complete, legally valid and suitable for service.
•    The correct number of copies has been supplied.
•    The documents have been issued where issue is required.
•    The applicable method of service has been identified.
•    Sufficient time has been allowed to carry out the instruction.
•    Any required permission, court order or other authority has been obtained.

 

We do not provide legal advice. The Client must not rely upon us or an attending Process Server to determine or interpret the legal requirements of the instruction while carrying out an attendance.

If there is uncertainty about the permitted method of service, the documents to be served or the evidence required, the Client should obtain legal advice and resolve the issue before instructing us.

 

4.4 Proof of Service

The Client must state precisely what proof of service or attempted service is required and when it must be provided.

This may include:

•    A Certificate of Service.
•    A Statement of Service.
•    A Statement of Attempted Service.
•    A sworn affidavit.
•    An exhibit or exhibited copy of a document.
•    Notarisation or legalisation.
•    Any other particular form of evidence.

 

Any requirement for a particular form of certificate, statement, affidavit, exhibit, witnessing, notarisation, legalisation or urgent filing must be disclosed at the outset.

 

For example, if a sworn affidavit is required for a hearing on the following day, we must be informed of that requirement before the attendance takes place.

We cannot guarantee that an urgent or additional evidential requirement disclosed only after an attendance can be completed within the Client’s required timescale.

Any work required to prepare a form of evidence that was not included in the original instruction may incur an additional charge.

 

4.5 Safety and Safeguarding Information

The Client must disclose, before attendance, any known or reasonably suspected risk connected with the recipient, another person who may be present, the address or the circumstances of the proposed attendance.

 

This includes, where relevant:

•    Any history of violence, threats, aggression, intimidation or confrontation.
•    Known or suspected access to weapons.
•    Dangerous or uncontrolled animals.
•    Known mental-health, vulnerability or safeguarding concerns.
•    The possible presence of children or vulnerable adults.
•    Hostility towards officials, Process Servers, enforcement agents, solicitors, police officers or other visitors.
•    Isolated locations, encampments, private land or locations where access may be restricted or an unannounced attendance could cause concern.
•    Any previous incident involving a Process Server, enforcement agent, solicitor, police officer or other visitor.

 

Safety information should be based upon known facts, previous incidents or reasonably held concerns relating to the individual, location or circumstances.

Providing information about a potential risk does not mean that we or an attending Process Server will accept that risk. Such information allows us to assess the instruction and determine whether the attendance can be undertaken safely and whether additional precautions are required.

We may refuse, suspend, modify or discontinue an attendance where we or the attending Process Server reasonably considers that it cannot be undertaken safely.

We may recommend measures such as:

•    Attendance by an additional operative.
•    Attendance at a different location.
•    Attendance at a different time.
•    An alternative appropriate method of carrying out the instruction.

 

Any resulting additional charge will be notified to the Client before further work is undertaken.

 

No Process Server is required to enter private premises, climb or cross a barrier, confront an individual, remain at a location or take any other action they reasonably consider unsafe, unlawful or inappropriate.

 

4.6 Continuing Duty to Provide Information

The Client must promptly notify us of any change, correction or additional information that may affect the Services.

 

This obligation continues throughout the instruction and includes information received after the original instruction but before completion of the Services.

Information supplied only after an attendance has taken place may be treated as an amendment to the original instruction.

We shall not be responsible for an unsuccessful attendance, delay, additional expense or further work to the extent caused by relevant information being incomplete, inaccurate, misleading, withheld, changed or supplied late.

Where an additional attendance or further work becomes necessary for this reason, it may fall outside the original fixed fee and incur an additional charge.

We will notify the Client of any additional charge before proceeding, unless the Client has already authorised us to take immediate action within an agreed limit.

4.7 Client Indemnity

Where the Client is acting in the course of a business, trade or profession, the Client shall indemnify and keep indemnified PB Process Servers UK Ltd, its directors, employees, agents and subcontractors against all reasonable losses, liabilities, claims, demands, damages, costs and expenses, including reasonable legal costs, to the extent arising from:

•    Inaccurate, incomplete or misleading information supplied by the Client.
•    Unlawful, improper or misleading instructions provided by the Client.
•    A material breach by the Client of these Terms and Conditions.
•    A third-party claim arising directly from information or instructions supplied by the Client.

 

Nothing in this section requires the Client to indemnify PB Process Servers UK Ltd for any loss arising from our negligence, fraud, fraudulent misrepresentation or wilful misconduct, or for any liability which cannot lawfully be excluded or limited.

 

This indemnity does not apply to a Client acting as a consumer.

5. FEES, CHARGES AND DISBURSEMENTS

Fees shall be charged in accordance with our published price list, written quotation or agreed estimate.

Unless otherwise agreed in writing, fees are charged per instruction and per address attended.

Fees are not contingent upon successful service, successful tracing or any particular outcome.

VAT shall be charged at the prevailing rate where applicable.

Fixed fees apply only to the scope of work originally agreed.

 

Additional charges may apply to:

•    Additional work or attendances outside the agreed scope.
•    Amended or expanded instructions.
•    Attendance at an additional address.
•    Unforeseen circumstances requiring further work.
•    Work made necessary because relevant information or instructions were incomplete, inaccurate, withheld, changed or supplied after an attendance had taken place.

 

Unless immediate action has been expressly authorised, we will notify the Client of any additional charge before undertaking work outside the original agreed scope.

Reasonable disbursements and expenses incurred in carrying out the instruction may be charged in addition to our fees where they were included in our quotation, agreed with the Client or reasonably necessary to perform the Services.

We reserve the right to require payment in advance and may decline to commence or may suspend work until cleared funds are received.

Purchase-order requirements shall not affect the Client’s obligation to pay invoices when due unless expressly agreed by us in writing.

Printing charges may apply to large document bundles at our prevailing rates.

Any dispute regarding an invoice should be raised within 14 days of the invoice date, together with sufficient information for us to investigate it. This does not affect any statutory rights available to a consumer.

 

Payment is due within 14 days of the invoice date unless otherwise agreed in writing.

The Client remains responsible for payment on time regardless of whether the Client has received payment from its own client or another third party.

If Legal Aid status was not disclosed at the time of instruction, we reserve the right to charge a reasonable administration fee for any invoice amendment subsequently required.

6. CANCELLATION

6.1 Business Clients

A Business Client may cancel an instruction by giving us at least 48 hours’ notice before the scheduled attendance.

Where less than 48 hours’ notice is provided, we reserve the right to charge the agreed fee together with any expenses or disbursements already incurred.

Where work has commenced, the Business Client shall be responsible for all work undertaken and costs incurred up to the time cancellation is received.

Any payment made on account is non-refundable to the extent that work has commenced, resources have been committed or costs have been incurred.

6.2 Consumers

Where the Client is a consumer and the instruction constitutes a distance or off-premises contract, the Client may have a statutory right to cancel the contract within 14 days after the day on which the contract is entered into.

The consumer may exercise that right by providing us with a clear statement of the decision to cancel. The consumer is not required to use any particular cancellation form.

Where the consumer asks us to begin the Services during the statutory cancellation period, the consumer expressly requests that performance commence before the cancellation period has expired.

If the consumer subsequently cancels after performance has begun, the consumer may be required to pay a proportionate amount for the Services supplied up to the time cancellation is communicated to us.

 

If the Services are fully performed during the cancellation period following the consumer’s express request, the consumer acknowledges that the statutory right to cancel may be lost once the Services have been fully performed.

Nothing in these Terms and Conditions limits or excludes a consumer’s statutory cancellation rights.

6.3 Cancellation by Us

We may cancel, suspend or terminate an instruction where:

•    The instruction is or may be unlawful.
•    The Services cannot reasonably be undertaken safely.
•    The Client has provided materially inaccurate, incomplete or misleading information.
•    The Client fails to provide information or cooperation reasonably required.
•    An invoice or advance-payment request remains unpaid.
•    The Client behaves abusively or improperly towards us or a person acting on our behalf.
•    Circumstances make continued performance impossible, impractical or inappropriate.

 

The Client shall remain responsible for Services performed and reasonable costs incurred before cancellation or termination.

7. LATE PAYMENT

Interest and compensation may be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.

Where that legislation applies, we may also recover the fixed compensation and reasonable recovery costs permitted by law.

Where that legislation does not apply, we reserve the right to charge interest at 8% per annum above the Bank of England base rate, except where the Client is a consumer and such a charge would be unlawful or unfair.

 

The Client shall be responsible for reasonable debt-recovery costs, legal fees and court fees incurred in recovering overdue sums, to the extent permitted by law.

We reserve the right to suspend ongoing work while invoices remain outstanding.

 

8. RIGHTS OF THIRD PARTIES

Our contractual duties are owed solely to the instructing Client.

Except where expressly stated otherwise, no third party shall have any right to enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

We accept no liability to a third party arising from the Services, except where such liability cannot lawfully be excluded.

9. LIABILITY AND LIMITATION OF LIABILITY

9.1 Scope of Liability

This section sets out our financial liability arising out of or in connection with the Services.

Nothing in this section affects any liability that cannot lawfully be excluded or limited.

9.2 Service Disclaimer

We provide process serving, private investigation, enquiry agent, tracing and related legal-support services only.

We do not provide legal advice, and nothing we say or do should be construed as legal advice.

The Client remains responsible for ensuring that documents are correctly drafted, complete, legally valid, issued within any applicable limitation period and suitable for service.

While we will exercise reasonable skill and care in performing the Services, we do not warrant or guarantee that:

•    Service will be successfully effected.
•    A recipient will be located or identified.
•    A recipient resides at, works at or has any connection with an address supplied to us.
•    Any court, tribunal or authority will accept service as valid or sufficient.
•    Any legal proceedings will achieve a particular outcome.

 

9.3 Exclusions of Liability

To the fullest extent permitted by law, we shall not be liable for:

•    Indirect, consequential or special losses.
•    Loss of profits, revenue, business, goodwill or opportunity.
•    Loss of data or information.
•    Losses arising from court decisions, judicial determinations or procedural outcomes.
•    An inability to locate, identify or effect service upon any person or organisation.
•    Delays arising from circumstances outside our reasonable control.

 

We shall not be liable for an unsuccessful attendance, delay, additional expense or failure to complete the Services to the extent caused by the Client’s failure to comply with section 4.

 

Nothing in these Terms and Conditions excludes or limits liability for:

•    Death or personal injury caused by negligence.
•    Fraud or fraudulent misrepresentation.
•    A breach of statutory rights which cannot lawfully be excluded or limited.
•    Any other liability which cannot lawfully be excluded or limited.

 

9.4 Limitation of Liability

 

Subject to the provisions above, where the Client is a Business Client, our total aggregate liability arising out of or in connection with a particular instruction shall not exceed the fees paid for the specific instruction giving rise to the claim.

 

Where the Client is a consumer, our total aggregate liability shall not exceed the greater of:

•    The fees paid for the specific instruction giving rise to the claim.
•    £500.

 

This limitation shall not apply where greater liability is required by law.

 

The Client acknowledges that our fees have been calculated on the basis of these limitations and exclusions.

 

9.5 Time Limit for Business Claims

Where the Client is a Business Client, no action, claim or proceedings arising out of or in connection with the Services may be commenced against us more than 12 months after completion, termination or conclusion of the instruction.

This contractual time limit does not apply to a Client acting as a consumer or to any claim for which a limitation period cannot lawfully be shortened.

10. PRIVACY, CONFIDENTIALITY AND DATA PROTECTION

We shall process personal data in accordance with applicable data-protection legislation and our Privacy Policy.

The Client warrants that it has a lawful basis for supplying personal data to us and for instructing us to process that information for the purposes of the Services.

Client information shall be treated as confidential except where disclosure is:

•    Necessary for the provision of the Services.
•    Made to an employee, Process Server, agent, subcontractor or professional adviser who needs the information for that purpose.
•    Required by law, regulation, court order or a regulatory authority.
•    Necessary for the establishment, exercise or defence of legal rights.
•    Authorised by the Client.

 

Records Retention

We reserve the right to retain, archive or securely destroy files, documents, correspondence, statements, certificates, affidavits, photographs, reports and other records relating to the Services in accordance with our:

•    Operational requirements.
•    Legal obligations.
•    Regulatory requirements.
•    Data-protection responsibilities.
•    Insurance obligations.

 

Records may be retained for as long as reasonably necessary for those purposes and may then be securely destroyed without further notice.

11. FORCE MAJEURE

We shall not be liable for any delay or failure in performing our obligations arising from circumstances beyond our reasonable control.

Such circumstances may include:

•    Severe weather.
•    Transport disruption.
•    Industrial action.
•    Illness or accident.
•    Governmental action.
•    Court closure.
•    Civil unrest.
•    Telecommunications, utility or computer-system failure.
•    Cyber incidents.
•    Natural disasters.
•    Any other unforeseen event beyond our reasonable control.

 

Any estimated attendance, service or completion date shall be extended by a reasonable period where such circumstances arise.

If such circumstances continue for a prolonged period and materially prevent performance, either party may terminate the affected instruction. The Client shall remain responsible for Services performed and reasonable costs incurred before termination.

12. COMPLAINTS AND DISPUTE RESOLUTION

If the Client is dissatisfied with any aspect of the Services, the Client should contact us promptly and provide sufficient information for us to investigate the matter.

The parties shall attempt to resolve any dispute amicably in the first instance.

If a dispute cannot be resolved through direct negotiation, the parties may agree to attempt mediation or another appropriate form of alternative dispute resolution before commencing legal proceedings.

Nothing in this section prevents either party from commencing legal proceedings where necessary to protect a legal right, comply with a limitation period or obtain urgent relief.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any dispute or claim arising out of or in connection with them or the Services shall be governed by the laws of England and Wales.

Where the Client is a Business Client, the courts of England and Wales shall have exclusive jurisdiction.

Where the Client is a consumer, proceedings may be brought in the courts having jurisdiction under applicable consumer law.

Nothing in this section deprives a consumer of any mandatory protection provided by the law of the country in which the consumer ordinarily resides.

14. WEBSITE DISCLAIMER

Information contained on our website is provided for general information purposes only and does not constitute legal advice.

While we endeavour to keep information accurate and up to date, we make no representation or warranty regarding its completeness, accuracy or suitability for any particular case.

We do not guarantee that:

•    Service will be successfully effected.
•    A recipient will be located.
•    Any court, tribunal or authority will accept service as valid or sufficient.

Website users should obtain independent legal advice before relying upon information contained on our website.

15. COPYRIGHT

All website content, text, graphics, logos, images and materials are the property of PB Process Servers UK Ltd unless otherwise stated.

No content may be copied, reproduced, distributed, stored, published or used for commercial purposes without our prior written consent, except as permitted by law.

CONTACT DETAILS

PB Process Servers UK Ltd
First Floor Office
4 Meadow Drive
Micklefield
Leeds
LS25 4FQ

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Telephone: 0113 286 8380

 

Email: info@ProcessServing.co.uk

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Company Number: 16037719

Data Protection Registration Number: ZB817820

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