Terms & Conditions
Acceptance of Terms of Use
These Terms of Use govern your use of the PB Process Servers UK website, as provided by PB Process Servers UK. We may amend or add to these Terms of Use without notice to you, so you are advised to consult them periodically.
Our terms and conditions as set out here are what you can expect from us when you use any of our services and what we expect from you, when you instruct us. We know it can be tempting not read terms and conditions but please do so, as by using our service or website you are agreeing to our terms and conditions herein.
Our Privacy Policy and Terms and Conditions are located on our website ProcessServing.uk and form an integral part of the services we offer.
Meanings
- You’ or ‘Your’ or similar words relate to the client. ‘We’ or ‘Us’ or similar words relate to PB Process Servers UK Limited. Where the client consists of two or more persons or companies, ‘you’ or similar words refer to any one of you as well as both or all of you and each of you are responsible separately as well as together for carrying out this agreement.
- Our terms and conditions can only be varied by us agreeing to this in writing. These terms and conditions will supersede any terms or conditions stipulated by you in any communication to us and will supersede any prior representations made by us including written, oral, or other.
Services
- Your lawful instructions, are accepted by us on the understanding that you instruct us, whether you are instructing us on behalf of your client or not and that you will be liable for all our fees, charges, and disbursements for conducting the service you have requested.
- We reserve the right to refuse any instruction and to terminate services without liability to us whatsoever at any time.
- We will provide the intended service, as allowed by English Law, using our own personnel, servant, or agent of the company, including without limitation any person or company, we appoint to assist us.
- When you instruct us, you must make us aware of any time limits or deadlines relating to your instructions.
- We will attempt to complete your instructions in a timely manner. However, we cannot assure that this will always be achievable, and we do not accept any liability for any inability to conduct an instruction by a specific deadline.
- You must ensure that your instructions include accurate documentation for service and any relevant and helpful information to assist with service.
- We may operate at legal aid rates in some areas. When instructing us, you must inform us if the case is a legal aid matter. Failure to do so implies acceptance that we will not record any time or mileage related to this case, and our fixed fee charge will apply.
- We will not be responsible or liable for the loss or destruction of any document in our possession or that is in transit to or from us and beyond our reasonable control. We suggest, where possible, you only send copy documentation to us.
- You agree to indemnify us now and in the future in full against all fees, costs, and charges which we may or will incur, or be liable for, including seeking or taking legal advice or otherwise, for any matter you instruct us on including paying those fees to us, as and when requested.
Fees, Charges, and Disbursements
- The cost of the services shall be indicative of the type of work undertaken and it is normal procedure for us to provide a fee estimate or quotation where such requirements fall outside of our usual pricing list.
- In the absence of any estimate or quotation, charges will be made according to our current pricing list and the client is deemed to be in acceptance of this.
- If there are any changes in the Clients instructions or in the circumstances of the matter at any time these shall be reflected, in an amended estimate or quotation which shall be provided to the Client at the earliest opportunity, where required.
- If we are unable to provide an estimate, we shall keep the Client informed of the work in progress on a periodic basis or upon the Clients request.
- We will charge VAT when applicable at the prevailing rate.
- We charge a standard or priority fee for Process Serving work. If we are unable to conduct the work on a fixed fee basis, we will agree this with you in writing, and provide you with a fee estimate prior to us undertaking work.
- We charge our fee for each case we receive. We charge our fee for each address we attend.
- We do not undertake any work on a "no serve - no fee basis". We will always charge our fee for attempting service, whether service is successful or not.
- We reserve the right to ask you for payment in advance of us undertaking your instructions. We reserve the right to place your instruction on hold until cleared funds are received from you.
- You must supply a purchase order when you instruct us. You must not delay payment to us.
- We shall invoice legal aid work on a time and mileage basis. You must make us aware a case is legally aid funded when you instruct us, otherwise our fixed fee shall apply.
- If we agree to amend any invoice because you did not inform us that it was a legal aid matter, we will charge a reasonable administration fee for the time spent. A minimum fee of £25.00 will apply.
- If we pay, or intend to pay a disbursement on your behalf, we reserve the right to ask you for payment of this amount on account, in cleared funds.
- We will charge a minimum of £0.10p per sheet for printing in black and white and £0.50p per sheet for colour copies.
- Please ensure all that any inquiries regarding invoices are raised within 14 days of the invoice date.
- All fees charged by us will be at our standard price list rate, quotation / fee estimate unless otherwise agreed by us in writing.
- We expect you to pay us on time, within our 14-day payment terms. We will not extend our payment terms.
- You shall ensure, that you are able to pay our invoices in full, in cleared funds, as and when they fall due. Under no circumstances, shall you delay or withhold payment from us, for failure of your own client not paying you or you not having funds on account.
- 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.
Cancellation
- You must provide us with a minimum of 48 hours’ notice of any cancellation of instructions, where we have booked or reserved time to complete your instructions.
- If you do not provide at least 48 hours’ notice, we will charge you our expected fees. If we have incurred any expenses, including but not limited to, travel expenses, printing costs, we will claim these from you, in addition to our expected fees.
- If we have commenced work on your instruction, including phone calls, email, or travel to or from any address, our expected fees will be charged in full. If you have made payment on account, no refund will be provided.
Late Payments
- If you do not pay us on time, you will incur a late payment charge, as allowed by statutory law, or as provided below.
- If you are a firm or company including a sole trader or partnership without limitation, we reserve the right to charge you Statutory Late Payment Charges in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC.
- If you do not fall under the scope of The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC you agree that we will charge you a Late Payment Fee equal to an amount that would have been charged by us if you were a company or firm as allowed under The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC.
Rights of Third Parties
- Our duties are owed to the individual or company whose instructions we are acting upon and we disclaim any liability whatsoever, to any other persons regardless of whether the Client instructs us on behalf of another.
- The terms on which we are acting on the Clients matter (contained herein or otherwise) are intended to be enforceable solely by the contracting parties herein.
- We do not accept any liability for services or information provided by any third parties instructed by us on the Clients behalf in respect of the relevant Services unless there is prior agreement in writing by the third party.
Our Liability to you
- This section sets out the entire financial liability of the Parties (including that for the acts or omissions of their partners, employees, agents, or subcontractors) to each other for any breach of this Agreement; any use made by the Client of Services; and any representation, statement or tortious act or omission including, but not limited to, negligence and breach of statutory duty arising out of or in connection with this Agreement.
- Neither Party shall be liable to the other, whether in contract, tort (including negligence), restitution, or for breach of statutory duty or misrepresentation for any loss of profit, loss of goodwill, loss of business opportunity, loss of anticipated saving, loss or corruption of any data or information, or any special, indirect or consequential damage or loss that may be suffered by the other Party that arises out of or in connection with this Agreement.
- Without prejudice to this section, our total liability arising out of or in connection with this Agreement (whether in contract, tort (including negligence), restitution, for breach of statutory duty or misrepresentation or otherwise) shall be limited to the value of our services provided, in respect of any and all other acts, or omissions.
Privacy, Confidentiality and Data Protection GDPR
- All instructions received and communication between us shall remain private confidential.
- We shall keep all confidential information confidential and store this in a safe manner.
- We comply with GDPR legislation. In the event of a data breach the client we will adhere to the requirements of GDPR.
- We maintain during and following the completion of service, documentation relating to the case. We reserve the right to dispose of any documentation after 3 months of closing our file to comply with Data Protection.
- Any information supplied by us is to be treated as indicative only and you agree that any information supplied in respect of any credit reference, trace enquiry, report is to be treated in the strictest confidence and will not be used as evidence or disclosed unless agreed by us in writing.
- You agree that you will not disclose, act on, or use any information supplied by us that would breach any law, order, or regulation that you know of or ought to have known of.
Law
- These terms & conditions shall be governed by English Law and any dispute arising out of or in connection with the same shall be determined by the English Courts.
Disclaimer
- This website is made available for public viewing on the basis that PB Process Servers UK, excludes all liability, lawfully permitted, whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website.
- You acknowledge PB Process Servers UK cannot provide legal advice. All information on this site, is to be treated as general information, which may be subject to change at any time. You must not rely on any information on this website as legal advice. We strongly advise you to seek your own independent legal advice from a suitably qualified person or company, such as a solicitor.
- PB Process Servers UK does not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.
Copyright
- The PB Process Servers UK website and its contents are copyright of PB Process Servers UK. No part of this website may be distributed or copied for any commercial purposes without express approval.