DBH Business Solutions – Standard Terms of Business – Effective from 1 April 2025
1.1 In these Terms, unless the context otherwise requires:
1.2 References to statutes include amendments and re-enactments.
1.3 Headings do not affect interpretation.
1.4 Words in the singular include the plural and vice versa.
1.5 References to persons include corporations.
2.1 We may communicate with your officers, staff or advisers as appropriate unless you specify security requirements.
2.2 Instructions must be in writing or confirmed in writing within two Business Days if initially given orally.
The Services and any information or advice we provide are based solely on information supplied by you. They do not constitute advice to any third party.
4.1 Our duties are owed exclusively to the Client.
4.2 No third party may enforce these Terms.
4.3 We accept no liability for third-party services unless agreed in writing.
5.1 We shall provide the Services from the Commencement Date in accordance with your lawful instructions.
5.2 We shall exercise reasonable skill and care consistent with UK professional investigative standards.
5.3 You are the Data Controller and we are the Data Processor for all Personal Data handled.
5.4 We shall comply with all applicable laws, regulations and codes of conduct.
5.5 We may act on your behalf in agreed matters, confirmed in writing.
5.6 We may amend these Terms by written notice.
6.1 You shall provide all necessary and lawful information required for us to perform the Services. 6.2 You may issue reasonable lawful instructions consistent with the scope of the Services.
6.3 You shall respond promptly to requests for decisions or approvals.
6.4 You are responsible for obtaining any third-party consents required.
6.5 Delays caused by your failure to comply with this Clause are not our responsibility.
6.6 You must ensure you can pay our invoices when due.
7.1 We may request detailed information regarding the purpose of a trace to ensure compliance with Data Protection Legislation.
7.2 Tracing may include OSINT, electronic enquiries, in-field enquiries and discreet third-party enquiries.
7.3 We may request further or verifiable information before commencing a trace.
7.4 In some cases, we may need to contact the traced individual before releasing their details.
7.5 A successful absconder trace is defined as providing an address where proceedings may be served and are likely to come to the individual’s attention.
7.6 Re-trace requests within 30 days:
7.6.1 If our original information was incorrect at the time, a full credit will be issued.
7.6.2 If the original information was correct and new information is obtained, a further fee equal to the original fee is payable.
7.7 Re-traces after 30 days are treated as new traces.
8.1 All surveillance activities shall be conducted lawfully, ethically and in accordance with UK legislation including the Protection from Harassment Act 1997, the Data Protection Act 2018, and applicable RIPA principles.
8.2 We shall not trespass, unlawfully enter private property, install covert audio devices, or engage in any activity that would constitute unlawful intrusion.
8.3 Surveillance shall be limited to observation from public areas or other lawful vantage points.
8.4 You shall not instruct us to undertake any unlawful surveillance activity.
8.5 We reserve the right to refuse or terminate surveillance instructions if they may breach legislation or professional standards.
8.6 All surveillance reports, photographs and video footage remain our intellectual property until full payment is received.
9.1 Service includes up to three visits unless otherwise agreed.
9.2 Certificates of Service or Attempted Service are included at no extra cost.
9.3 Sworn affidavits attract an additional fee.
9.4 Additional witness statements or affidavits beyond the first will incur further fees.
10.1 Fees will be provided as a fixed fee, estimate or quotation. Changes in instructions may result in revised fees.
10.2 Court attendance requires payment of travel, accommodation, subsistence and a pre-agreed daily attendance rate payable at least one week before the first hearing.
10.3 Photocopying charges apply after 10 pages (10p per B&W page, 45p per colour page)
10.4 Invoices may be interim or final.
10.5 Payment is due within 30 days. Statutory interest and recovery costs may be charged under the Late Payment of Commercial Debts (Interest) Act 1998.
11.1 Each Party shall keep all Confidential Information secure and shall not disclose it except as required by law.
11.2 Confidentiality obligations continue indefinitely.
12.1 Documents sent to us are at your risk. Secure methods should be used for originals.
12.2 You are the Data Controller; we are the Data Processor.
12.3 We shall process Personal Data only on your written instructions and in accordance with Data Protection Legislation.
12.4 You shall indemnify us for losses arising from your breach of Data Protection Legislation.
12.5 Data Subject requests received by us will be referred to you unless we are legally required to respond.
12.6 All instructions are carried out in compliance with the Bribery Act 2010.
13.1 This Clause sets out the Parties’ entire liability.
13.2 Nothing limits liability for death, personal injury, fraud or any liability that cannot be limited by law.
13.3 Neither Party is liable for indirect or consequential loss including loss of profit, goodwill or data. 13.4 Our total liability is limited to the value of the Services provided.
14.1 Neither Party is liable for failure caused by events beyond reasonable control.
14.2 If such events continue for four weeks, either Party may terminate the Agreement.
15.1 These Terms apply from the Commencement Date until termination.
15.2 We treat all Client information as confidential.
15.3 Non-personal data may be shared for fraud prevention or law enforcement.
15.4 We may conduct due diligence including identity verification.
15.5 Either Party may terminate by written notice. Fees for work completed remain payable.
16.1 All sums owed become immediately payable.
16.2 Clauses intended to survive termination shall do so.
16.3 Termination does not affect rights accrued before termination.
16.4 No further obligations remain except those expressly surviving.
16.5 Confidential Information must be returned or deleted upon request.
Failure to enforce any right does not constitute a waiver.
18.1 Parties shall execute documents necessary to give effect to these Terms.
18.2 We may issue general publicity about our services without identifying your matter.
18.3 We may act for other clients in similar sectors subject to confidentiality and conflict-of-interest obligations.
18.4 Complaints must be made in writing and will be handled promptly.
Invalid provisions shall be severed without affecting the remainder.
These Terms are governed by the laws of England and Wales.
You agree to these Terms by instructing or continuing to instruct us.
