In this document the following words shall have the following meanings:
1.1 Customer means any person or company who purchases Goods and Services from the Supplier;
1.2 Proposal means an estimate, statement of work, quotation, Internet website or other document or electronic media describing the Goods and Services to be provided by the Supplier.
1.3 Goods means the articles specified in the Proposal;
1.4 Service or Services means the services specified in the Proposal;
1.5 Supplier means Unlock My Past Limited. Registered office: Oakwood, Horns Lodge Lane, Tonbridge KENT, TN11 9NH. Email address email@example.com. Tel: 0333 011 8514.
1.6 Terms and Conditions means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1.7 The expression The Act means the Companies Act 1985 as amended by the Companies Act 1989, but so that any reference in these Terms and Conditions to any provision of the Act shall be deemed to include a reference to any statutory modification or re-enactment of the provision for the time being in force.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods or Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. The latest version is available from the website www.unlockmypast.com.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any Statute, Law or Regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 All Orders for Goods or Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 Payment of the price shall be in the manner specified in the Proposal.
4.2 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or performance of Services.
5.2 All risk in the Goods shall pass to the Customer upon delivery to the selected carrier.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.5 for the provision of Services by the Supplier the Customer must provide the Supplier with a proper contact address and any contact details as required by the Supplier and agree to inform the Supplier immediately in writing (an email is an acceptable form of writing) of any changes thereto. The Supplier may at their discretion either suspend or terminate the supply of services if they are unable to contact the Customer.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9 CANCELLATIONS AND REFUNDS FOR GOODS AND SERVICES
9.1 Where Goods are faulty or do not comply with any of the Proposal, the Customer must notify the Supplier within 7 days of delivery and return the Goods to the Supplier within 7 days of notifying the Supplier. Once the Supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement Goods or a full refund.
9.2 Any request by the Customer to cancel an Order must be made by notifying the Supplier in writing (an email is an acceptable form of writing) at the contact address specified at the time of placing the order. Refunds will not be made where
(a) the Goods ordered have been manufactured;
(b) the Goods or Services being supplied comply with the contract;
(c) the Supplier has incurred expenditure with sub contractors to fulfil the order.
All mail items received and business information acquired by the Supplier are treated as commercially confidential and will not be disclosed or supplied to any third party outside of the Supplier or partner companies as agreed in the contract for provision of Services. The duty of confidentiality by the Supplier to the Customer does not apply when the Supplier is required by English Law to provide information to the police or other organisations empowered by statute or under any money laundering regulations in force for the time being.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
The Customer agrees to indemnify each of the Supplier, his principals, agents and respective servants against:
12.1 the consequences of any defect in, or unsuitability of any article, plant or other equipment or incorrect information provided by the Customer.
12.2 the consequences of any breach of health and safety regulations made, or code of practice approved, pursuant to statute.
12.3 all claims by third parties and any other claim under common law or by statute arising out of any such defect, unsuitability or breach.
12.4 all damages, penalties, costs and expenses to which each or any of them may become liable as the result of work done in accordance with any Contract between them which involves the infringement of any letters patent, copyright, design, trademark or other intellectual property right or any claim for such infringement.
12.5 any claims, costs and expenses arising out of any slanderous matter, translated, printed or in any matter published by the Customer including any such loss arising out of costs and expenses incurred in respect of any threatened action and any costs and expenses incurred arising out of any action which is settled by the parties concerned without being tried by a court or other tribunal; and all actions, costs, claims and demands arising out of any Contract between them whether occasioned by breach, negligence or by any other cause whatsoever.
The Supplier shall have the right to terminate any agreement with the Customer forthwith on giving notice in writing (an email is an acceptable form of writing) to the Customer on the occurrence of any one or more of the following events:
13.1 breach of any of the terms of this Contract by the Customer.
13.2 if a petition is made for the Customer’s bankruptcy or a criminal bankrupt order is made against the Customer or if the Customer makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignment for the benefit or creditors.
13.3 where the Customer is a company: if any action is taken for or with a view to its winding up, or a petition is presented for an administration or a winding up order against it or such an order is made, or it becomes insolvent or unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or an administrative receiver, receiver or manager of its undertaking is duly appointed by a creditor or by the court, or possession is taken of any of its property by an encumbrance and in that event such termination shall not affect any rights which the Supplier may have against the Customer in consequence of the breach by the Customer .
13.4 If without reasonable cause the Customer with-holds either an agreed interim or full payment to the Supplier in respect of this contract or any other contract between the two parties.
13.5 If it is the Suppliers belief that the Services are being used with fraudulent or criminal intent.
14 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The Customer shall not be entitled to assign his or its rights or obligations under any contract with the Supplier without the prior written consent of the Supplier.
Where a notice is to be given to any party hereto it may be served by leaving it at the registered office or last known address of that party. Otherwise it may be sent by first class letter post to the registered office or the last known address of that party, when it shall be deemed to have been served at the expiration of 48 hours after it has been posted.
18 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Photographic Scanning and Video Services Supplementary Terms
In submitting photographic content (moving and still images) to Unlock My Past, you represent and warrant to us that you either own the photographic content or have the written permission from the copyright owner to make such photographic content available to us to perform the Service and our obligations under these Terms.You agree to indemnify, and hold Unlock My Past and its Directors, Officers, Employees, Agents, and business partners harmless from and against any and all costs, damages, liabilities and expenses (including all legal fees and costs of defence) Unlock My Past or any other party suffers in relation to or arising from a breach of your representations and warranties.
You agree not to provide the following types of photographic content (“Prohibited Photographic Content”):
a) Photographic content that is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b) Photographic content that could infringe rights of privacy, publicity or copyright without the express permission of the owner of these rights.
c) Photographic content that advocates illegal activity.
d) Photographic content that harms minors in any way.
e) Photographic content that could give rise to any civil or criminal liability under applicable law.
The above list of Prohibited Photographic Content is merely an example and is not intended to be complete or exhaustive. We reserve the right to refuse to process work of this nature and where appropriate to report Prohibited Photographic Content to the proper authorities.
Unlock My Past Limited is not liable for the photographic content, or any other materials, while in transit through or in possession of any third party carrier, including, but not limited to, the Royal Mail. You agree to accept complete liability for any photographic content, or any other materials, should they be misdirected, lost, stolen, or damaged while in the possession of, in transit through or otherwise under the control of any third party carrier.
We return your photographic content using shipping methods that are reliable and traceable. All items purchased through the Service are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the selected carrier.
Limited Remedy for Loss of Original Photographic Content
Unlock My Past Limited only assumes the risk of loss of your original photographic content from the time that we actually receive the content to the time that we deliver the content to a third party carrier for transport. If we lose your original photographic content during the limited period the content is under our custody and control you acknowledge and agree that your sole remedy for such loss is our payment to you of £100. You acknowledge and agree that this is a reasonable approximation of the damages that would be suffered by you from the loss of the content.
Amendments to these Terms
Unlock My Past Limited reserves the right to update these Terms at any time. When we do so, we will publish the amended version on the website. Amended Terms will take effect from the time they are published on the Site.
If you have any complaints or queries concerning our services, technical problems or suggestions, you can contact us by Telephone, Monday to Friday 0333 011 8514
Or email: firstname.lastname@example.org
Audio Transfer Supplementary Terms
Please Note: We are able to digitally transfer your (original) vinyl record or cassette onto CD where there is no identical re-released recording on a CD format. It is on the understanding the CD we create is for your own personal, private listening pleasure and will not be sold, leased, hired or used in any public broadcast. You should retain the original vinyl or cassette recording as proof of ownership.
Family History Supplementary Terms
Whilst we are not members of AGRA we subscribe to their list of Ethics from their web site (http://www.agra.org.uk/codeofpractice.php) as follows:
All Members Should:
1. Be honest and discreet in relations with customers, the public and fellow professionals.
2. Avoid unnecessary duplication of effort and research.
3. Offer candid advice concerning the possible or probable results of any projected research.
4. Make reports as clear and as definite as the facts allow.
5. Clearly explain, if unable to resolve a customer’s problems, the reason why, and if possible suggest alternative avenues of research.
6. Strive to avoid the misquotation of any documents, or the citing as authoritative of any questionable source.
7. Seek, when appropriate, to examine original sources.
8. Respect the confidential nature of a customer’s work, and not divulge any information concerning a customer’s family, business or personal affairs without prior consent.
9. Declare any personal or financial interest which might tend to compromise impartiality towards a customer.
10. In the case of contact to be made with relations discovered by research, obtain written guidance from the Secretary.
11. If involved in a complaint, co-operate fully with the Association in its investigation.
Members Should Not:
1. Engage in exaggerated, misleading or false publicity.
2. Knowingly publish as fact anything known to be false or unproven, nor be a party to such action by others.
3. Knowingly injure or attempt to injure the professional reputation, prospects or practice of any other genealogist or professional researcher.
4. Knowingly injure or attempt to injure the reputation or prospects of the Association.
5. Present another’s work as their own.
6. Conceal or withhold data relevant to a customer’s instructions.
7. Publish the results of research for which customers have paid without prior consent.
The accuracy of the information provided in our reports is important to us. Where possible we will always extract information for the root or target person (the person that the history starts from), and those ancestors within the scope of the commission. Typically this information will be sourced from documents, or copies of documents, of that period. On occasion typographical errors may occur, and these will be corrected if identified in good time. However we can take no responsibility for errors or omissions which result from information supplied by the customer. Please also see our terms below on the inclusion of ancestors’ siblings, and ancestors outside the scope of a commission.
We will endeavour to complete each research project within an agreed time-scale. We cannot take responsibility for unforeseeable events which prevent the target deadline being met.
Missing ancestors -within scope
It may not be possible to include every ancestor within the scope of a commission. However this will generally only occur when there is a lack of conclusive evidence, following extensive research. Customers will receive a detailed summary of the research and a description of how conclusions have been reached.
Siblings (including half-siblings, step siblings and adoptive siblings)
Obtaining, researching and interpreting information that relates to siblings is difficult and inexact. We will therefore use the following process. Please be aware of the possible limitations or inaccuracies that can occur:
We will use census returns as our primary source to identify your ancestors’ siblings for inclusion on reports, family trees and wall charts. However, it will not always be possible to obtain all census returns. Siblings will not always be recorded in the same household as one of your ancestors, and the accuracy of the census information is wholly dependant on the honesty, integrity and understanding of the person who initially provided it. As a consequence we will identify the most likely interpretation of the census information, so that we can provide you with a full and illuminating report, family tree or wall chart. In the final report, we will make a clear distinction between the evidence-based conclusions that we provide for your ancestors, and the ‘best guess’ conclusions for their siblings.
The following is a list of some of the inaccuracies that may occur in relation to siblings-based research: omission of one or more siblings; one or more siblings’ details are incorrect; one or more siblings’ relationships to others on a tree are incorrect; individuals are included on the tree as siblings rather than being identified as adoptive. While we are well versed in looking out for these pitfalls, and our ‘best guess’ conclusions will have taken them into consideration, for obvious reasons it is impossible to guarantee absolute accuracy.
Similarly, if further documents emerge at a later date, and these documents suggest that the information gleaned from the censuses is incorrect, or that there may be additional siblings, this cannot be regarded as an error on our part.
Ancestors outside the scope of a commission
Inevitably, details of ancestors outside the scope of a commission will emerge from census returns, birth certificates and marriage certificates pertaining to those within the scope of a commission. These details will be recorded on reports and wall charts as part of the commission at no extra charge.
However, please note that the accuracy of these details is dependent on the reliability and understanding of the person who provided the information at the time. Problems which may occur include: an incorrect father’s name provided on a marriage certificate; incorrect details provided on census returns.
If, in the light of documents subsequently obtained, information already extracted by us proves to be incorrect, this cannot be regarded as an error on our part.
Genealogy is by its very nature only as successful as the available records that can be found and the interpretation of those records. We will provide all the evidence and sources as part of our report. We also include negative outcomes saving revisiting records already consulted.