TERMS AND CONDITIONS
Acceptance of Terms of Use
- These Terms of Use govern your use of the PB Process Servers UK website and services, as provided by PB Process Servers UK Limited t/as PB Process Servers UK.
- We may amend or add to these Terms of Use without notice, so you are advised to consult them periodically.
- By using our services or website, you agree to be bound by these terms and conditions. If you do not agree, you should not use our services.
- Our Privacy Policy and these Terms and Conditions, as available on our website ProcessServing.uk, form an integral part of our services.
Meanings
- "You" or "Your" refers to the client.
- "We," "Us," or "Our" refers to PB Process Servers UK Limited.
- Where the client consists of two or more persons or companies, "You" refers to any one of you as well as all of you collectively.
- These terms and conditions can only be varied in writing, signed by us.
- These terms supersede any prior written, oral, or other representations.
Services
- Your lawful instructions are accepted on the basis that you are responsible for all fees, charges, and disbursements incurred in conducting the requested service.
- We reserve the right to refuse any instruction or to terminate services at any time, without liability.
- Services will be carried out in accordance with English Law by our personnel or appointed agents.
- You must inform us of any relevant deadlines. While we strive to complete services promptly, we accept no liability for any failure to meet specific deadlines.
- You must provide accurate documentation and relevant information to facilitate service.
- We operate at legal aid rates in some areas. You must notify us at the time of instruction if a case is legally aided.
- We are not responsible for loss or destruction of documents in our possession or in transit beyond our reasonable control. Where possible, send copies, not originals.
- You agree to indemnify us against all costs, fees, and liabilities arising from your instruction, including any legal fees we may incur.
Fees, Charges, and Disbursements
- Fees will be based on our pricing list or an agreed estimate/quotation.
- Any changes in instructions or circumstances may result in an amended estimate.
- VAT will be charged at the prevailing rate where applicable.
- Fixed fees apply unless otherwise agreed in writing.
- Fees apply per case and per address attended. We do not offer "no serve - no fee" arrangements.
- We may require payment in advance and reserve the right to suspend services until cleared funds are received.
- Purchase orders must be supplied with instructions, and payment must not be delayed.
- Legal aid work will be invoiced based on time and mileage unless a fixed fee applies.
- Late payment will incur statutory charges in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.
- If legal aid status was not disclosed at the time of instruction, a reasonable administration fee (minimum £25) will apply for invoice amendments.
- Printing charges apply: £0.10 per black-and-white sheet and £0.50 per colour sheet.
- Invoice disputes must be raised within 14 days of the invoice date.
- Payment is due within 14 days.
- You agree that you can meet our fees from either client funds placed on account with you, or from your own funds to ensure we are paid on time.
- Delayed payment due to non-payment from your client or lack of funds is not a valid reason for withholding payment.
- If payment is not received within 14 days, we may refer the matter to a debt collection agency, and you will be liable for all associated costs.
Cancellation
- A minimum of 48 hours' notice is required to cancel instructions where time has been reserved.
- If less than 48 hours' notice is given, full fees will be charged along with any incurred expenses.
- If work has commenced, full fees are payable, and no refunds will be provided for payments on account.
Late Payments
- Late payment fees apply under The Late Payment of Commercial Debts (Interest) Act 1998.
- If you do not fall under this Act, equivalent late payment fees will still apply.
- We reserve the right to charge collection and legal fees for overdue payments.
Rights of Third Parties
- Our duties are owed only to the instructing client.
- No third party shall have the right to enforce these terms.
- We are not liable for any third-party services engaged on your behalf unless expressly agreed in writing.
Limitation of Liability
Scope of Liability:
This section sets out the entire financial liability of the Parties (including liability for acts or omissions of their partners, employees, agents, or subcontractors) for:
- Any breach of this Agreement.
- Any use made by the Client of the Services.
- Any representation, statement, or tortious act or omission (including negligence and breach of statutory duty) arising out of or in connection with this Agreement.
Exclusions of Liability:
To the fullest extent permitted by law, neither Party shall be liable to the other (whether in contract, tort, including negligence, restitution, breach of statutory duty, or misrepresentation) for:
- Any indirect, special, or consequential loss or damage.
- Loss of profit, business, revenue, anticipated savings, goodwill, or opportunity.
- Loss or corruption of data or information.
Limitation of Liability:
- Without prejudice to the above, our total liability, whether in contract, tort (including negligence), restitution, breach of statutory duty, misrepresentation, or otherwise, shall not exceed the total fees paid by the Client for the specific services giving rise to the claim.
- We do not exclude or limit liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be lawfully excluded.
Privacy, Confidentiality, and Data Protection (GDPR)
- All client information is confidential and securely stored.
- We comply with GDPR and will notify you of any data breaches in line with regulations.
- We retain case documentation for 3 months post-completion, except for legally required records.
- Information provided by us is for guidance only and must not be used as formal evidence or disclosed without our written consent.
- You must not use any information we provide in a way that breaches any law or regulation.
Dispute Resolution
- In the event of a dispute, both parties agree to attempt resolution through mediation before pursuing legal action.
- If mediation fails, disputes shall be resolved exclusively in the English courts.
Law
- These terms are governed by English Law.
- Any disputes arising under these terms shall be determined exclusively by the English courts.
Disclaimer
- Our website is provided on an "as-is" basis. We exclude all liability for any loss or damage arising from its use.
- We do not provide legal advice. Information on our website is general and subject to change.
- You should seek independent legal advice.
- We do not exclude liability for personal injury or death caused by our negligence.
Copyright
- The content of the PB Process Servers UK website is copyrighted and cannot be copied or distributed for commercial purposes without our permission.