Terms & Conditions
Chapter 1.
Fees are paid in advance of instructions being accepted and all work commencing. As regards trace work: Successful traces are reported with virtual certainty however no guarantee is expressed or implied. The main factors which may stop a successful trace within UK to the stated fee are as follows:-
1. The individual is within a police, security services or military protection program.
2. They are part of a terrorist organization.
3. They are permanently resident outside of UK and/or have no financial dealing in UK attached to banks property or credit. Where the subject has dealing but is not resident in UK additional fees will be required to trace into that jurisdiction.
4. They are deceased (in which case the approximate date of death and last address is reported)
5. They are in prison.
6. They are part of a Mafia or similar group or operating a safe house.
7. The original instruction is defective or in error in an important detail.
8. The individual has taken steps to conceal their identity, for example by using false dates of birth, no date of birth or alias names, making further enquiries necessary to additional fees.
9. In matters where an accurate name cannot be provided regarding the subject of enquiry.
10. In some cases where a date of birth has not been provided it is necessary to research a birth certificate.
11. In matters where the client is unable to provide a proof of debt or lawful cause in civil or criminal law.
Chapter 2
Issues concerning: Voiding of contracts, legal guidance, invoicing and payments, client credits and risk and the requirement for good faith
The contract is void if:
The original instruction or subsequent instructions are made for an unlawful purpose. In this event the contract is void for illegality and fees are retained.
2. Subsequent instructions if insisted upon by the client and if implemented would constitute any illegality, in this event the contract is void for illegality and fees are retained.
3. In matters where this firm has provided legal guidance in specific cases it is understood and agreed that this guidance is not legal advice. Where the term ‘advice’ is used the common definition not the legal definition is applicable. Hence the legal definition of legal advice is not applicable to the guidance we may issue irrespective of the wordage used to describe that guidance in reporting.
4. All our work is compliant with that Data protection Act.
5. The stated fee will not be exceeded prior to consultation with clients. This firm does not offer credit facilities and accounts must be maintained in credit for work to continue.
6. Reasonable disbursements may be charged in addition to quoted or estimated fees and invoices raised and this will be indicated on the estimate if appropriate or invoiced subsequently after reporting. Please ask in advance if you require more information regarding possible disbursements and expenses. Due to the nature of our work it is not always possible to estimate expenses and include them in initial invoicing. Mileage is charged at 55p per mile invoiced after reporting.
7. We do not supply any personal data to third parties for any purpose unless expressly required to do so by contract or law.
8. Where clients have paid via card services provided by Worldpay or other providers the client’s credit card statement will record ‘James Black Services’ or MASTERTRACE Ltd
9. All contracts are with MASTERTRACE LTD registered in England and Wales and the laws of England and Wales apply notwithstanding the jurisdiction in which the contract is written.
10. The company reserves the right to terminate contracts and retain fees if subsequent instructions insisted upon do not follow our suggested investigation approach and best practice guidance issued by the company.
11. Court appearances are chargeable at our applicable hourly rate plus travelling costs notwithstanding any court requirement to attend.
Client credits and risk and good faith
12. Clients agree that the risk of any investigation failing falls upon them. After consultation and an offer of investigation is made to the client and after it is accepted by payment of a fee or other method of acceptance a contract incorporating this term and all terms is formed, Mastertrace Ltd accepts no liability for failed investigations and no refunds are due in such circumstances.
12. Client credits are made only when an investigation is terminated and fees are held on account for the client and an hourly rate has been charged against those fees. The client will be in possession of an hourly rate agreement sent by the company in such circumstance. The term ‘on account’ appearing on an invoice or quotation does not denote the enquiry has been conducted on account terms. Investigations to a fixed fee are not refundable. Enquiries on account are only possible after the client has signed the hourly rate agreement and that agreement is filed and the client has been provided with a signed copy by both the client and the Mastertrace Ltd.
13. In all our investigations, the requirement for absolute good faith is essential from both parties. We reserve the right to terminate any investigation for breach of agreement if we suspect the instructing party is not in absolute good faith.
14. After case analysis, and prior to the commencement of investigation work, and in the event that an investigation cannot be performed for any legal reason. Mastertrace Ltd will cancel the agreement and refund any fee held on account less an administration fee, also covering time spent in analysis equivalent to 25% of the fee on account, or our hourly rate covering time spent in analysis charge at £125 per hour, whichever is the lesser.
If an investigation has commenced and fees have been deducted charged and paid prior to said legal impediment being discovered, and that impediment cannot be overcome to allow investigation to continue, Mastertrace Ltd will refund the balance of the sum held on account in full.
Impediments are usually but not limited to issues arising under the Data Protection Act. The decision to cancel an agreement for a legal impediment and the precise nature of what may be defined as a legal impediment for the purposes of cancellation is at the discretion of the company. Clients instructing trace work are encouraged to fully complete the investigation application form including the final section entitled Why do you wish to find this person? which is designed to limit circumstances in which cancellations may arise, available on this link: https://www.jamesblackesq.com/find-anybody
Chapter 3
Verification and Nature of service.
Information is supplied for the purposes of debt recovery fraud and connected issues the tracing of beneficiaries reunification of family and friends and for legal actions and pre legal action enquiries and litigation support in UK and internationally. Much of the information provided by this service is obtained by James Black from third parties (including government authorities), over whom James Black has no control. The volume and nature of the information available on this service makes it impractical for James Black to physically verify it. If James Black were to attempt to do so, the company could only offer this service at a significantly increased cost. You are responsible to ensure this information is used responsibly and for legal reasons. By using this service you will acknowledge your acceptance of these risks. Verify before use.
Privacy terms
We reserve the right to refuse service to clients who have blurred their application address on Google Maps. This is because we are sharing confidential data information upon the express promise that the instruction is in good faith. It is our policy to share data only with participants who also share data. In such circumstances a refund of fee is applicable less 25% handling. Refunds are made to the client’s original payment method full and final.
An alternative to service refusal is to obtain from the instructing client three forms of identification
1. High-definition scan of passport photo page
2. High-definition scan of driving licence
3. A selfie picture of client holding driving licence
This information by email to jamesblackesq@gmail.com
Once your identity has been confirmed by the above documents, we will undertake to conduct your enquiry. If the subject is located, we will write to them and pass on your details and request they contact you. We will not pass the subject’s details directly to the client.
This policy is to protect the subject of enquiry, the client and the investigating agent and is Data Protection Act Compliant.
MASTERTRACE Ltd T/A James Black. Registered in England and Wales 10496739