Terms and Conditions
1.1 The “Agreement” means the terms and conditions together with the particulars in the letter attached hereto addresses to the Appointer
1.2 The “Appointer” means the solicitor, loss adjustor, insurer or persons or Government Department instructing the Expert
1.3 The “Expert” means the person providing the services on behalf of IntaForensics Ltd
1.4 The “Services” means the services as described in the letter hereto
2.0 THE CONTRACT
2.1 The Agreement shall be the sole contract for the supply of the Services between the Appointer named in the letter hereto and the principal practicing under the name or style “IntaForensics Ltd” to the exclusion of any others terms and conditions whatsoever except only as may be expressly agreed in writing by the principal of IntaForensics Ltd.
2.2 IntaForensics Ltd shall provide and sell and the Appointer shall purchase the services in accordance with these terms and conditions.
2.3 In the case of the Appointer being a partnership or unincorporated firm all partners and proprietors thereof shall jointly and severally liable in respect of the performance and observance by the Appointer of the obligations of the Appointer hereunder.
2.4 Any waiver by IntaForensics Ltd of any breach of this agreement by the Appointer shall not be a waiver of any subsequent breach of the same or any other provision of this agreement.
2.5 If no instructions are received or a case is not active for 6 months, the contract is automatically terminated and no further work will be undertaken, unless otherwise agreed, and there shall be no liability on IntaForensics Ltd part for the termination of the contract.
2.6 If any part of the terms and conditions of this Agreement is held by any competent authority to be invalid or unenforceable, the same shall be severed from this agreement and the remainder thereof shall continue in full force and effect.
3.1 The Appointer undertakes as a Condition of this agreement to disclose all necessary and relevant information and materials to the Expert concerning the Services.
3.2 The Appointer acknowledges that the Expert relies upon such information being complete and accurate in all material aspects, and that the rights of any third party are not infringed in connection with any such information or materials and the Appointer hereby indemnifies IntaForensics Ltd, its principal, employee or contracts against any such infringements.
3.3 The right of ownership in respect of all photographic negatives, Video recordings, models and other original work created by the expert shall remain vested in the Expert unless otherwise agreed in writing by the Director of IntaForensics Ltd.
3.4 The Appointer undertakes to give immediate written notification of every hearing, meeting or other appointment at which the Expert’s attendance will or may be required.
4.1 The Appointer undertakes and agrees not to rely on, or raise any claim for breach of, any representation or variation of these terms and conditions which are not agreed as aforesaid by IntaForensics Ltd shall not be liable for any representation or any variation of these terms and conditions that may be made by the Expert or any employee or contractor of IntaForensics Ltd except only as may be expressly agreed in writing by the director of IntaForensics Ltd.
4.2 IntaForensics Ltd shall not have any obligations under or be liable for any instructions save only the instructions identified in the attached letter.
4.3 IntaForensics Ltd and the Expert shall use reasonable care and skill in providing the service and it is hereby expressly agreed and declared that IntaForensics Ltd shall not be liable further or otherwise, and without prejudice thereto IntaForensics Ltd shall not be liable to the Appointer or any third party by reason of, and there shall be excluded from this Agreement , any representation or implied warranty, conditions or other term of any duty at common law and whether direct or indirect, contingent or consequential howsoever arising and any liability whatsoever.
4.4 IntaForensics Ltd shall not be liable to the Appointer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Services if the delay or failure was due to any cause beyond the reasonable control of IntaForensics Ltd.
4.5 All liability on the part of IntaForensics Ltd in respect of obligations under this Agreement shall cause and determine absolutely in the event of the Appointer being in breach of any obligations on the part of the Appointer and the Appointer failing to remedy any such breach within 21 days of any notice of such breach being given by IntaForensics Ltd or forthwith in the event of any such breach being incapable of remedy.
5.1 Except as may be expressly stated in the letter attached hereto the appointer shall make payment for the services within 30 days from the invoice date of any invoice presented from time to time.
5.2 Without prejudice to 5.1, above, the Appointer shall be responsible to IntaForensics Ltd for payment, irrespective of any liability for payment of monies to the Appointer by any third party, Legal Services Commission or the Court without limitation any other person and payment to IntaForensics Ltd for the services shall not depend upon any such other payment to the Appointer.
5.3 It is expressly agreed and declared that payment for the services shall not be reduced or depend upon the result of any taxation in which the Appointer may be involved.
5.4 The Appointer shall in addition to any fees specified in the letter attached hereto pay to IntaForensics Ltd all fees, costs, charges and expenses arising in connection with attendance at court by the Expert in connection with the services.
5.5 Except as may be expressly stated in the letter attached hereto fees for attendance at court will be charged at the same hourly rate as specified in the letter. This hourly rate will be charged in full in respect of travelling time, waiting time, conferences, and without limitation to time at the Court.
5.6 The Appointer shall pay, if demanded by IntaForensics Ltd, interest on any fees, costs, charges and expenses outstanding upon the expiry of the stated period of 30 days at the rate of 3% thereon per calendar month calculated from the date of the invoice to the date of receipt thereof by IntaForensics Ltd on a daily basis.
6.0 LEGAL AID
6.1 Where the services are provided or are intended to be provided in connection with a case that is funded or part funded or is intended to be funded by Criminal or Civil Legal Aid the Appointer agrees to the following terms and conditions in addition, and without prejudice to other terms and conditions of this contract.
6.1.1 Promptly notify IntaForensics Ltd when Legal Aid has been applied for or granted or amended or withdrawn
6.1.2 Apply to the Legal Services Commission for prior authority of the estimated payments for the Services and promptly notify IntaForensics Ltd of the result of from time to time.
6.1.3 That on each and every occasion the Appointer agrees early disbursement of the Experts fees within 30 days when IntaForensics Ltd submits and invoice from time to time
6.1.4 Apply to the Legal Services Commission for interim payment in respect of the Services in both Civil and Criminal Legally Aided cases.
6.1.5 The Appointer shall be liable at all times for the Experts fees and costs following engagement of IntaForensics Ltd whether verbally or in writing, and where the Appointer fails to give written instruction for the Expert to cease work.
6.2 Without prejudice to other terms and conditions in this agreement, IntaForensics Ltd may at its sole discretion extend the payment period in legal aid cases from 30 days to a maximum of 45 days. The extended period will in any event not be provided unless the Appointer strictly adheres to this agreement.
7.1 The Appointer hereby agrees that IntaForensics Ltd may delegate or subcontract the performance of the Services and may rely upon advice or opinion of any third party who in the opinion of IntaForensics Ltd reasonably is competent for that purpose.
7.2 IntaForensics Ltd shall not be bound to give notice to the Appointer of any such delegation or sub-contracting of the Services. Without prejudice to this condition, IntaForensics Ltd will use reasonable care to notify the Appointer of any such delegation or sub-contractor carrying out the service.
8.1 Any notice required or permitted to be given by either party to the other under this Agreement shall not be unless made in writing and sent by first class, pre paid, recorded delivery postal service or by facsimile transmission (followed by hard copy by the prescribed posting method) and acknowledge by the other party, and in the case of posting shall not be affective until 48 hours after the time of posting or in case of facsimile shall not be affective until acknowledged by other party.
8.2 The Appointer agrees that any notices sent to IntaForensics Ltd, upon posting, shall be deemed to have been delivered once received in the hand of the Director of IntaForensics Ltd.
9.0 SPECIAL NOTICE
9.1 Disbursements. Means the immediate cost incurred such as rail or other public transport costs, the travelling costs at 45.0p per mile where private or company vehicles are used, subsistence, printing, photocopying, postage etc anything creates an immediate charge.
9.2 Travel Fees. Means the literal time spent travelling and waiting, which is charged at the agreed hourly Expert fees agreed or part thereof.
9.3 Expert Fees. Mean the hourly fees agreed for advice, opinions, reports, discovery, investigation, examination and so on.
IntaForensics Training Terms and Conditions
These terms and conditions relate to any IntaForensics courses and events taking place on or after 1st June 2017. This document (together with the documents referred to in it) tells you (“you” means the party contracting with IntaForensics for training courses) the terms and conditions on which we (“we”, “our” or “us” means IntaForensics Limited) supply training courses and events (“courses”) and is to be read in conjunction with our General Terms & Conditions of Business (“General Terms”). If there is an inconsistency between any of the provisions of these terms and conditions and the General Terms, the provisions of these terms and conditions shall prevail. Please read these terms and conditions carefully before booking any courses. You should understand that by booking any courses, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
- Booking Courses or Events
Bookings for courses can be made via our “website” (means https://www.intaforensics.com) at the following link: https://www.intaforensics.com/training or by contacting our Training Team on +44 (0)2477 717 780 or at email@example.com. For online bookings, please select the course that you require and click on the “Book” button, following the instructions step by step.
- Description and Pricing of Courses
Although we make every effort to ensure the prices listed are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the course that you have booked prior to confirmation of your booking, we will tell you and give you the option of either re-confirming your booking at the correct price or cancelling your booking. In this instance, if we are unable to contact you or we receive no reply from you, your booking will be cancelled. IntaForensics reserves the right to change prices listed without notice. IntaForensics also reserves the right to refuse to supply to any individual or company.
- Provisional bookings
When booking a course online, acknowledgement of the booking request is emailed within 1 working day of the request being received by IntaForensics. Where a booking made online, by email or over the telephone is not accompanied by full payment or a formal purchase order (sent either by post or by email), the booking will be deemed to be provisional (“Provisional Booking”). Provisional Bookings will only be held until 30 calendar days prior to commencement of the course, after this any provisional bookings will be cancelled. When payment has been received in full, or a formal purchase order has been provided (either by email or by post), the individuals’ place on the course will then be confirmed and a binding contract will have been entered into between IntaForensics and the booking party. Please refer further to the “How to pay” section below.
- Third party bookings
We accept bookings from third party companies acting on a delegate’s or organisation’s behalf, however the booking information supplied must relate directly to the delegate(s) in question and include the following:
- Delegate name
- Company name
- Company address (site address)
- Direct phone number
- Direct email address – this can be a work or personal email address
Bookings cannot be processed without this information being provided in full. This is to enable us to contact the delegate(s) directly when necessary (such as to provide joining instructions or attendance/examination certificates) and also to provide appropriate health & safety and security measures at course venues.
- Cancellation of Courses
IntaForensics reserves the right to amend or cancel any course, course times, dates or published prices. Changes to course prices, times and dates will be advised before the course start date and any course already paid in full will not be subject to the increased price. As a Course may be cancelled at any time up to four weeks prior to its start, we recommend that delegates do not make travel or accommodation arrangements before this time. Any travel, accommodation or subsistence costs incurred (including incidental costs such as car parking) are entirely the responsibility of the delegate or the delegate’s organisation. IntaForensics does not accept any liability for reimbursement of any costs incurred whatsoever in relation to its training courses or events. Where a course has been cancelled, delegates will be offered an alternative date for the same course or a refund.
- How to Pay
If you are making a booking online, you can pay by credit or debit card or by purchase order. Worldpay handles our online credit and debit card transactions in a secure environment. We accept American Express, Visa, Mastercard and Maestro. If paying by purchase order, the invoice will need to be addressed to the delegate or delegate’s employer. Payment must be made within 30 days from the date of the invoice or if the booking is made less than 30 days before the course date, payment is required before the course start. For bookings made other than via the Website, payment can be made in the following ways:
- Credit card
- Debit card
- Direct bank transfer to the IntaForensics bank account, details of which can be found on the associated invoice or upon request.
You are advised to notify the Training Team in advance if you wish to pay by direct bank transfer to ensure the swift confirmation of your booking. You will not be eligible to attend the course until full payment is received. In the case of late bookings, payment must be made prior to attendance of the course. If payment is not made prior to the delegate attending the course, IntaForensics reserves the right to refuse admission until payment has been made in full.
- VAT & Card Charges
Fees quoted are exclusive of VAT, which will be shown separately on the invoice. A VAT invoice will be sent to cover your payment. If payment is made via a credit card or charge card, a non‐refundable 3% fee will be added at the payment stage. The amount is not capped and there is no minimum charge. Fees will not be charged for payment via debit cards or direct bank transfer.
- Joining Instructions
Joining instructions including venue details and start times are sent out by email directly to confirmed delegates at least 10 (ten) days before the event. Once this has been done the service is deemed to have started under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Intellectual property rights (including copyright)
All materials (“IntaForensics’ Materials”) provided for IntaForensics courses including graphics, code, text products, software, audio, music and design are owned by IntaForensics or IntaForensics’ third party course providers. No content in whole or in part of the IntaForensics’ Materials may be copied, reproduced, uploaded, posted, displayed, linked to or used in any way without the prior written permission of IntaForensics. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of IntaForensics, or in the case of material licensed to IntaForensics, the owner of such materials.
Where a firm booking has been accepted by IntaForensics and is subsequently cancelled, the customer will be liable for the following charges.
All cancellations must be received in writing.
|Time period before Course date that the cancellation is made||Charge to customer|
|31 or more calendar days||No charge|
|20‐30 calendar days||30% charge|
|0-19 calendar days||Full charge|
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a cancellation cooling off period where you can cancel your course within a period of 14 days beginning on the day after the day on which the contract is concluded with you as notified by email or postal confirmation from IntaForensics in accordance with these Terms. In this case, you will receive a full refund of the price paid for the courses in accordance with our refunds policy (clause 14 below). After this initial cooling off period the above charges apply. Upon receiving the joining instructions or when booking 30 calendar days or less prior to course start date, you agree that the service provided by IntaForensics is deemed to have commenced and you agree to waive your right to cancel your booking and receive a full refund within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In such instances, the cancellation policy in the above table will apply.
In the event that a delegate wishes to transfer his booking to another course, a 10% administration fee will be charged if the transfer is requested within 31 calendar days of the original course start date. For transfer requests made 30 calendar days or less prior to the course date, refunds will be applied in accordance with the table above. Transfers can be made to any course within a 6 month period.
Delegate substitution may be made at any time.
If you wish to exercise your right to cancel your booking, IntaForensics will refund the fees paid according to the above cancellation policy. If payment for the order was originally made by credit or debit card, any refund will be made back to the same card. If payment for the order was made by direct bank transfer, a refund will be made by direct bank transfer to a bank account that you elect.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e‐mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to the address detailed in these terms and conditions. We may give notice to you at either the e‐mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e‐mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e‐mail, when such e‐mail was sent to the specified e‐mail address of the addressee.
- Non‐EU Delegates
IntaForensics welcomes delegates from overseas but if you are resident outside the European Union (EU) you should ensure that you have a valid visa and can comply with all immigration requirements before booking an IntaForensics course. Please note that IntaForensics training and events do not qualify you for a student visa or for entry to the UK or other EU countries. Visa information is given on www.ukvisas.gov.uk. If you wish to apply for entry to the UK you should contact your nearest British Mission that offers a visa service. A full list of UK Overseas Missions is given on www.fco.gov.uk. IntaForensiscs cannot process bookings from outside the EU without full payment in advance. Once payment has been made, cancellation fees are payable in accordance with our terms and conditions. If you do not have a visa before applying and you are unable to obtain one, cancellation fees will be levied. Any travel costs or any other expenses whatsoever incurred are entirely the delegate’s responsibility.
- Specific needs
IntaForensics aims to ensure that its events are accessible to all. If you have any specific needs, such as dietary or access requirements, please advise us at the earliest possible time and we will contact you to discuss your requirements. It is the responsibility of delegates to inform IntaForensics about any specific needs or requirements they may have.
- Data Protection Statement
IntaForensics is registered under the provisions of the UK Data Protection Act 1998 and keeps any personal data concerning you in confidence.
- Contact details for the Training and Events Team
Telephone: +44 (0) 2477 717 780
Email enquiries: firstname.lastname@example.org
Address of Training Centre: 16 Parker Court, Staffordshire Technology Park, Beaconside, Stafford, ST18 0WP
VAT number: 900353372
Registered Office: 9, The Courtyard, Eliot Business Park, Nuneaton, Warwickshire CV10 7RJ
- Complaints Procedure
At IntaForensics we are committed to providing a high standard of customer care. If you are not happy with any element of the service that you have received from the Training & Events Team, please contact email@example.com in the first instance.
- Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
- Other information
IntaForensics may use third party providers and employees to present our courses. They are leading edge digital forensic and cyber security professionals within their fields and have been thoroughly vetted by IntaForensics.
If you require accommodation the night before a course please contact our Training Team at firstname.lastname@example.org who will be able to recommend accommodation within a convenient distance.