Terms & Conditions

1. ACCEPTANCE OF TERMS

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

By instructing us, using our website, or otherwise engaging our services, you ("the Client", "you" or "your") agree to be bound by these Terms and Conditions.

These Terms and Conditions, together with our Privacy Policy published on our website, constitute the entire agreement between the parties and supersede all previous discussions, representations and agreements.

We reserve the right to amend these Terms and Conditions from time to time. The version published on our website at the date of instruction shall apply.

2. DEFINITIONS

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

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

Where the Client consists of more than one person or organisation, liability shall be joint and several.

3. SERVICES

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

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

The Client must provide clear instructions together with all relevant information and documentation necessary for us to perform the Services.

The Client must notify us of any deadlines, hearing dates, limitation dates or other important dates at the time of instruction.

Whilst we will use reasonable endeavours to meet notified deadlines, all attendance dates, completion dates and service times are estimates only and 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 shall constitute 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 loss, damage or destruction of original documents beyond our reasonable control. Wherever possible, copies rather than original documents should be supplied.

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

4. CLIENT RESPONSIBILITIES AND INDEMNITY

The Client warrants that all information, instructions, names, addresses, documentation and other details supplied to us are accurate, complete and lawful.

The Client shall provide all information reasonably required for us to perform the Services and shall promptly notify us of any change in circumstances which may affect the Services.

The Client acknowledges that our ability to perform the Services depends upon the accuracy and completeness of the information supplied.

The Client shall indemnify and keep indemnified PB Process Servers UK Ltd, its directors, employees, agents and subcontractors against all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable legal costs) arising directly or indirectly from:

(a) inaccurate, incomplete or misleading information supplied by the Client;

(b) unlawful, improper or misleading instructions provided by the Client;

(d) any claim brought by a third party arising from information or instructions supplied by the Client.

Nothing in this clause shall require the Client to indemnify PB Process Servers UK Ltd for losses arising solely from our negligence or wilful misconduct.

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, all 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 work, amended instructions or unforeseen circumstances may incur additional charges.

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

Purchase order requirements shall not affect the Client's obligation to pay invoices when due.

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

Any dispute regarding an invoice must be raised within 14 days of the invoice date.

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 their own client has paid them.

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 amendments required.

6. CANCELLATION

Instructions may be cancelled upon a minimum of 48 hours' notice.

Where less than 48 hours' notice is provided, we reserve the right to charge the full fee together with any expenses incurred.

Where work has commenced, fees shall be payable for all work undertaken up to the point of cancellation.

Any payment made on account is non-refundable once work has commenced.

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 does not apply, we reserve the right to charge interest at 8% per annum above the Bank of England base rate.

The Client shall be responsible for all reasonable debt recovery costs, legal fees and court fees incurred in recovering overdue sums.

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

8. RIGHTS OF THIRD PARTIES

Our duties are owed solely to the instructing Client.

No third party shall have any right to enforce these Terms and Conditions.

We accept no liability to any third party arising from our Services.

9. LIABILITY AND LIMITATION OF LIABILITY

Scope of Liability

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

Service Disclaimer

We provide private investigation, process serving, 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 solely responsible for ensuring that documents are correctly drafted, legally valid, issued within any applicable limitation period and suitable for service.

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

(a) service will be successfully effected;

(b) a recipient will be located or identified;

(d) any court, tribunal or authority will accept service as valid or sufficient; or

(e) any legal proceedings will achieve a particular outcome.

Exclusions of Liability

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

(a) indirect, consequential or special losses;

(b) loss of profits, revenue, business, goodwill or opportunity;

(d) losses arising from court decisions, judicial determinations or procedural outcomes;

(e) inability to locate, identify or effect service upon any person or organisation; or

(f) delays arising from circumstances outside our reasonable control.

Nothing in these Terms and Conditions shall exclude or limit liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; or

Subject to the above:

(a) where the Client is acting in the course of a business, trade or profession, our total aggregate liability shall not exceed the fees paid for the specific instruction giving rise to the claim;

(b) where the Client is a consumer, our total aggregate liability shall not exceed the greater of:

(i) the fees paid for the specific instruction giving rise to the claim; or

(ii) £500.

The Client acknowledges that the fees charged have been calculated on the basis of these limitations and exclusions and that they are fair and reasonable.

Time Limit for Claims

No action, claim or proceedings arising out of or in connection with the Services may be commenced against us more than twelve (12) months after completion, termination or conclusion of the instruction.

10. PRIVACY, CONFIDENTIALITY AND DATA PROTECTION

We shall process personal data in accordance with applicable data protection legislation.

Client information shall be treated as confidential except where disclosure is required by law, regulation, court order, regulatory authority or where necessary for the provision of the Services.

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 and insurance obligations.

The Client acknowledges that records may be retained for such period as we reasonably consider appropriate and may be securely destroyed thereafter 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, including severe weather conditions, transport disruption, industrial action, illness, accidents, governmental action, court closures, civil unrest, telecommunications failures, cyber incidents, acts of God or other unforeseen events.

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

12. DISPUTE RESOLUTION

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

If a dispute cannot be resolved through negotiation, the parties may seek to resolve the dispute through mediation before commencing legal proceedings.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these Terms and Conditions.

14. WEBSITE DISCLAIMER

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

Whilst we endeavour to keep information accurate and up to date, we make no representations or warranties regarding its completeness, accuracy or suitability.

We do not guarantee that service will be successfully effected, that a recipient will be located, or that any court, tribunal or authority will accept service as valid or sufficient.

Users should obtain independent legal advice before relying upon any 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.

0113 286 8380

0113 286 8380

Terms & Conditions