Information given in reports, proposals and summary papers are given confidentially
to the client and in good faith and are believed to be true and correct given the details
made known to Synergy Investigative Solutions LTD at the time, but we accept no
further responsibility for their accuracy. Accordingly, no statement in this report is to
be taken as implying a representation warranty or undertaking by or behalf of Synergy
Investigative Solutions LTD
Terms and Conditions
Our general terms and conditions, covering all of our services.
Please ensure that you read 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. General
1.1 These terms and conditions constitute the basis of the agreement between Synergy
Investigative Solutions LTD Company NO.13613327 at the following address 1 Park Road,
Hampton Wick, Kingston Upon Thames, KT1 4AS (“The Company”) and You, (“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 carry out 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 The Company is a firm of private investigators and provides services including, but not
limited to; Private Investigations, Surveillance, Matrimonial Investigations, Partner
Investigations, Tracing, Mobile/Email/Internet Surveillance, Child Custody Disputes,
Neighbourhood Surveillance, Background Checks, Employment Background Checks,
Company/Directors Reports, Fraud Investigations, People Tracing, Mobile and Landline
Number Tracing and Vehicle Tracking and process serving. All services provided by The
Company are provided in accordance with these terms and conditions and all applicable
relevant legislation in force from time to time.
1.4 Any work undertaken by The Company shall be done only when the Company is satisfied
that there is a sound, valid and lawful 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.
1.5 During the course of any investigation, if circumstances should change and the basis for
investigation should cease, all work shall cease immediately. No refund would be provided if
the change in circumstances is attributable to the Client’s intervention in matters without
consultation or involvement of the Company.
1.6 When providing the Services the client agrees to adhere to the following obligations:
1.6.1 It is understood and agreed that all information provided by Synergy Investigations
Limited is solely for the use of the instructing client. You agree not to disclose, transmit, or
copy any information provided by Are They Safe Limited in any form without written consent
from Synergy Investigations Limited. In the event that any information provided by Synergy
Investigations Limited is subsequently conveyed to any third party, without Synergy
Investigations written permission (as referred to above), Synergy Investigations will not be
responsible for any liabilities, losses, loss of profits, additional expenses or any form of
damages whatsoever for any unauthorised disclosure.
1.6.2 Synergy Investigations Limited will take all reasonable steps to ensure that any
information (in any form) supplied is accurate to the best of its knowledge, information, and
belief. Information supplied will be rechecked if it is subsequently found to be incorrect.
1.6.3 To treat us, our staff and third party agents with respect and courtesy – any instance of
abusive, threatening or intimidating behaviour (however made) will be treated seriously and
may be referred to the Police.
1.6.4 In the event that You engage in any unacceptable behaviour towards Us, Our staff or
third party contractors, We shall have the right to terminate the retainer immediately and
expect payment in full for all work undertaken including any interest owed on amounts due.
1.7 It is the clients’ sole responsibility to ensure any reports, documents or data delivered to
the client by The Company are retained by the client. Any data collected throughout the course
of an investigation shall be retained by The Company for no longer than 6 weeks on
completion of services. After this period, unless otherwise instructed in writing by the client,
all data shall be destroyed.
1.8 Due to the nature of investigative work we cannot guarantee any possible outcome of our
services. While we always endeavour to do the best we can to obtain a positive outcome for
our clients, the nature of investigation work means that sometimes we are unable to do so.
2. Specific Services
2.1 GPS Electronic tracking devices:
2.1.1 A GPS Electronic Tracking Device shall be deployed to a vehicle owned by the Client. The
device relies on the Global Positioning System to determine and track the subject vehicle
within a comparatively small area to assist The Company during surveillance operations.
2.1.2 Any recorded location or real time transit data shall be transmitted to a central database.
Whereby the data can be accessed in conjunction with software providing information such
as subject vehicle geographical locations, addresses and subject vehicle speeds. Any data
collected from the device shall be available during the period of an active investigation. It is
the client’s responsibility to retain any required data after this period as in line within these
terms & conditions.
2.1.3 Data collected by a GPS tracking device provides intelligence on the movement of an
asset (normally a vehicle). As such the tracker will also provide data on a living person
(assumed or known). Tracking devices are a surveillance tool and are not dissimilar to a
Surveillance Operative following a subject. Data collected from the use of a tracking device
should never be used as sole evidence without corroborating evidence such as photographic
or physical surveillance conducted by an operative.
2.1.4 In the event that the client directly causes the loss or damage to a GPS tracking device
deployed by The Company (whatever the circumstances), The Company reserves the right to
seek compensation to cover the loss of the device. This includes but is not limited to informing
the subject of the GPS trackers deployment, disclosing information to the subject or third
parties which results in the discovery of the GPS tracker or physically tampering with the
devices whilst deployed.
2.3 Tracing Services and Background Checks:
2.3.1 You accept that any work undertaken by The Company shall be done so once it has been
established that there is a lawful, 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.
2.3.2 In line with these terms & conditions, The Company takes the safeguarding of clients and
subjects seriously. A lawful, sound and valid reason must be established prior to any trace
work to being conducted.
2.3.3 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. Background Checks
will be sent to you within 14 working days. Time frames are given as an estimate however
these are not guaranteed time frames.
2.3.4 A Background Check is not a CRB check now known as a DBS check or a full criminal
record check. A full Criminal Record check can only be obtained with an individual’s consent.
Are They Safe researchers access information on criminal convictions that are in the public
domain and legally recorded. We cannot guarantee delivery of all criminal convictions due to
the following reasons.
1. Some offences are not in the public domain due to their sensitive nature.
2. Offences can be wiped from records after a set period of time pursuant to the Rehabilitation
of Offenders Act 1974 3. Spent convictions are wiped from records with exceptions. All
marriages are recorded online up until 2005. We will be unable to locate any marriages after
2005 without a parish registrar and electoral name change.
3. Personal information included within a Background Check is primarily based on
information that is publicly available by the Government or other agencies. Whilst the
Company shall endeavour to ensure that any information is as accurate as possible, the
Company is unable to guarantee the accuracy of this information. The Company cannot be
held liability for any errors or omissions within information it provides that have arisen in
circumstances outside of the Company’s control.
2.4 Surveillance:
2.4.1 Any surveillance work conducted shall be done so to comply with UK law in force from
time to time or the laws of the country the surveillance work is conducted. Surveillance
conducted by The Company shall be directed and non-intrusive
2.4.2 During the course of any investigation, if circumstances should change and the basis for
investigation should cease, all work shall cease immediately. No refund would be provided if
the change in circumstances is attributable to the Client’s intervention in matters without
consultation or involvement of the Company.
2.4.3 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 8 weeks on completion of services. After this period, unless otherwise
instructed in writing by the client all data shall be destroyed.
2.4.4 Due to the nature of surveillance work and the impartiality of The Company, The
Company makes no guarantee of desired results and will not accept accountability for
circumstances beyond our reasonable control. 2.5 Online Investigations:
2.4.5 There is a very rigid framework in which Investigations may be carried out. In order to
conduct an investigation lawfully, we have to ensure that we adhere to every aspect of these
legal requirements. As a result, we cannot guarantee any possible outcome of our
investigation. While we always endeavour to do the best we can to obtain a positive outcome
for our clients, the nature of online investigation work means that sometimes we are unable
to do so.
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 agreed charge for the services quoted by the Company is exclusive of any and all
disbursements and other expenses incurred by The Company during the performance of the
services and these will be charged separately. Disbursements and other expenses will include
the following (bot non exhaustive list); Travel expenses, other transport costs, undercover
expenses incurred during undercover work, fees and charges incurred in attending public or
private functions necessary for the performance of the services, video editing, any other taxes,
charges or tariffs necessarily incurred during the provision of the services, and any other
expenses agreed in advance by the Client. A Client who has paid for these services by credit
or debit card irrevocably authorises The Company to charge the same card for any expenses
due which have not been pre-paid.
3.3 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.
3.4 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 30 days after The Company agrees to provide it.
3.5 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.
3.6 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. Complaints
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. Liability
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.
5.2 You accept and understand that we are not a law firm and are not in the position to offer
you legal advice or arrange for such advice to be provided to you. You accept that none of the
information we may provide under these terms and conditions amounts to legal advice.
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. Communication
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 All cancellations should be made in writing.
9.2 The client shall be responsible for the company’s administrative, due diligence, and file
creation costs if he or she cancels any service in writing prior to the start date of the service.
Usually, the client is required to pay 25% of the agreed fee in the event of cancellation.
9.3 If the client cancels a pre-booked investigation service within 72 hours of the booking date,
50% of the quoted fee will be charged. Any cancellation made within 48 hours of the date of
booking will result in the client being liable for the full amount.
9.4 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.
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.
10.2 We shall submit to government 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 UK GDPR or other
data protection law of the EU or a member state. Our data protection officer is Laura Lyons.
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. Compliance & Data Protection
12.1 All instructions are carried out with due consideration given to Data Protection Act 2018,
the Regulation of Investigatory Powers Act 2000, the Criminal Procedure and Investigations
Act and The Bribery Act 2010 and accordingly no part of the instructions will be conducted in
breach thereof. If, at any time during the course of this engagement, we have reasonable
grounds to suspect you are committing or contemplating committing an offence we shall
automatically notify the relevant authorities.
12.2 We undertake that any use of equipment which obtains and or stores personal data will
be used in accordance with the relevant law.
12.3 Any personal data received by The Company either directly from the client or collected
during the course of the investigation shall be stored securely by The Company. No data shall
be sold on to any third parties, used for marketing purposes or made available to the public
domain.
13. Governing Law
13.1 The Agreement and these Terms and Conditions (including any non-contractual matters
and obligations arising therefrom or associated therewith) shall be governed by, and
construed in accordance with, the laws of England and Wales.
13.2 Any dispute, controversy, proceedings or claim between the Parties relating to the
Agreement or these Terms and Conditions (including any non-contractual matters and
obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the
courts of England and Wales.
14. Notices
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. Please ensure you have read
and agreed to these Terms and Conditions.
Disclaimer
This report is confidential and has been prepared for THE CLIENT. The disclosure of this report and all the materials
enclosed herein are only allowed for the purposes specified in the request, or for directly related purposes. In order
to avoid the contravention of the Personal Data (Privacy) Ordinance and any other laws of the Data
Protection Act 1998, other uses not prescribed in the request must have the writer’s express consent and
permission.
This report and the information contained herein are accurate and true to the best of our knowledge and
understanding, but may not always reflect the most up-to-date situation in some individual cases. The information
should not be relied upon as professional advice and should not be regarded as a substitute for detailed advice
(legal or otherwise). The writer shall not be responsible for any loss or damage arising from the use of the
information contained herein.
If witness(es) must be summoned, the writer should be contacted in writing so that we can review the records and
suggest the most appropriate person(s) to serve as witness(es). Please note that this can take time and an early
notice is very much appreciated.
The copyright of this report rests with the writer. Reproduction for commercial purposes other than for the
purposes specified in the client’s original request, or for directly related purposes, without permission is strictly
prohibited