Eye in the Sky – Intelligence, Located. Documents, Served.

Eye in the Sky MCR Limited STANDARD TERMS OF BUSINESS

1. Definitions ” The Agency” refers to Eye in the Sky MCR Limited. “The Client” refers to the individual or organization commissioning the investigation.

2. Service Agreement The Agency agrees to provide professional investigative services as detailed in the attached “Service Agreement/Instruction Form.” We commit to conducting all investigations with honesty, integrity, and within the bounds of legality and morality.

3. Client Identification & Authority In compliance with professional standards, the Agency requires satisfactory proof of the Client’s identity and address prior to commencement. The Client warrants that they have a legal and moral right to commission this investigation.

4. Fees and Payment

Estimates and Fixed Fees All cost estimates are provided in good faith based on the initial brief. Estimates are not fixed quotes unless explicitly stated in writing. The Agency reserves the right to review and increase the estimate if the scope of the investigation changes or if unforeseen complexities arise, subject to prior consultation with the Client.

Retainer and Commencement A non-refundable retainer of 50% of the estimated total fee is required before any investigative work commences. For urgent or “same-day” instructions, the Agency may require 100% payment upfront at its discretion.

Reimbursable Expenses In addition to professional fees, the Client shall be responsible for all reasonable out-of-pocket expenses incurred during the assignment, including but not limited to:

  • Travel: Mileage charged at £0.45 per mile (or current HMRC rates) plus parking, tolls, and public transport costs.
  • Subsistence: Reasonable overnight accommodation and meal allowances if the investigation requires travel outside of Greater Manchester.
  • Third-Party Fees: Database search fees, process server fees, or public record costs.
  • Disbursements: Any other specific costs agreed upon in the Service Agreement.

Payment Terms Invoices are issued upon completion of the assignment or at agreed milestones. All invoices are due upon receipt. The Agency reserves the right to charge interest on late payments at a rate of 8% above the Bank of England base rate per annum, calculated daily, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Right of Lien and Withholding of Reports The Agency shall exercise a contractual lien over all reports, evidence, and documentation generated during the investigation. No final report or evidence (video, photographic, or written) will be released to the Client until the account is settled in full.

Cancellation Fees If an assignment is cancelled by the Client with less than 24 hours’ notice, the Agency reserves the right to charge a cancellation fee equivalent to the planned first day’s professional fees plus any non-refundable expenses already incurred.

5. Reporting and Confidentiality

  • Updates: Progress reports will be provided at agreed intervals.
  • Disclosure: The Agency will objectively disclose all information arising from the investigation, whether advantageous or disadvantageous to the Client.
  • Confidentiality: We respect and protect the Client’s privacy and lawful confidentiality. However, we are legally bound to disclose serious criminal findings to law enforcement.
  • Data: Data is processed in accordance with the Data Protection Act 2018.

6. Limitations The Agency acts as a specialist agent of the Client. We do not guarantee a specific outcome or result, only that we will diligently pursue the assignment. We reserve the right to withdraw from any case that requires illegal or unethical conduct.

The Client acknowledges that the nature of investigative work means that outcomes are subject to external variables beyond the Agency’s control.

7. Governing Law These terms shall be governed by and construed in accordance with the laws of England & Wales.

8. Termination Either the Client or the Agency may terminate this Agreement by giving seven (7) days written notice to the other party, subject to the following conditions:

  • The Agency may terminate the agreement immediately if the Client is in material breach of these terms, including non-payment of fees due or instructing the Agency to perform an unlawful or unethical act.
  • Notwithstanding the 7-day notice, the Agency may suspend all field operations immediately upon receipt of a termination notice to prevent further accrual of costs.
  • Upon termination by either party, the Client shall pay the Agency for all professional services rendered and expenses incurred up to the effective date of termination. Any unspent portion of the retainer will be refunded to the Client within fourteen (14) days.

The seven (7) days written notice must be delivered by hand, by registered post, or by email to the following addresses/contacts:

  • To the Agency: Attention: Dean Booth, Data Protection Officer. Email: deanlukebooth@gmail.com
  • To the Client: The last known physical address and email address provided by the Client for billing and correspondence.

Notice is deemed effective upon actual delivery (if by hand), three (3) business days after posting (if by registered post), or at the time of sending (if by email, provided no “undeliverable” notification is received).

9. Limitation of Liability

  • The Agency’s liability for any loss, damage, or claim arising out of or in connection with the services provided shall be limited to the total fees paid by the Client to the Agency for the specific assignment in question.
  • The Agency shall not be liable for any indirect, special, or consequential loss or damage, including but not limited to loss of profit, loss of business, or loss of anticipated savings, whether or not such loss or damage was foreseeable.

10. Intellectual Property and Use of Reports

  • All intellectual property rights in the reports, documentation, and materials created or developed by the Agency during the investigation shall remain vested in the Agency.
  • The Agency grants the Client a non-exclusive, non-transferable, royalty-free license to use the final report solely for the purpose for which the investigation was commissioned.
  • The Client agrees not to publish, reproduce, or distribute the reports or any part thereof to any third party without the express written permission of the Agency, save where required by law or necessary for legal proceedings related to the investigation’s purpose.

11. Force Majeure

  • The Agency shall not be liable for any delay or failure to perform its obligations if such delay or failure is due to an event of Force Majeure, which means an event beyond the reasonable control of the Agency, including but not limited to acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, or storm.
  • If an event of Force Majeure prevents or delays the Agency’s performance for a continuous period of more than 30 days, either party may terminate this Agreement immediately by written notice.

12. Severability

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.

13. Entire Agreement

These Standard Terms of Business, together with the attached Service Agreement/Instruction Form, constitute the entire agreement between the Agency and the Client, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter of this Agreement.

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, and agents from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) the Client’s misuse of the services or reports provided by the Agency; or (b) any breach of the warranties made by the Client under this Agreement, including the warrant that the Client has a legal and moral right to commission the investigation.

15. Assignment

Neither the Client nor the Agency may assign or transfer any of their rights or obligations under this Agreement without the prior written consent of the other party. Any attempted assignment in violation of this clause shall be null and void.

COMPLIANCE DECLARATION

Data Protection & Privacy: Eye in the Sky MCR Limited is registered with the Information Commissioner’s Office (ICO) for the processing of personal data.

ICO Registration Number: ZC093409
Data Protection Officer: Dean Booth. Email: deanlukebooth@gmail.com.