Updated 9th July 2009
By purchasing a product or service from Ukfamilyrecords.com you are agreeing to the following Terms & Conditions. 1. Refunds
Under the Contract of Sale, you are entitled to a Refund if:
a. You purchase a certificate search and a certificate cannot be produced because:
i. Certificate for person cannot be traced;
ii. Wrong reference is supplied* (see below for further details);
In these circumstances a £4.00 refund will be supplied;
b. You purchase a Family Tree, a Family History or a Complete Family Tree Package and no results can be found because:
i. Not enough information has been supplied;
ii. Due to the nature of the family or families, research has halted permanently*;
In this circumstance a refund will be supplied minus all research expenses, travel expenses or any other expenses incurred during research for the sole benefit of research from the payment made by the customer at the onset of research. *As deemed by UKfamilyrecords.com and its partners as "unresearchable", having explored all possible avenues of research first. Non-entitlement to Refunds and Exchanges
You purchase a Will or an Admon search and a Will or an Admon cannot be produced because:
i. Will or Admon for person cannot be traced;
ii. You have provided inaccurate or erroneous information and as a consequence the index entry cannot be located,
iii. The index, document or records are free from any reference to individual, subject or object being researched,
iv. We make a Standing Search on your behalf that is part of our FREE service (product WSTA-1) and a/ we place that order because at the time of the index search the Will is unavailable, and b/ after 6 months the Standing Search expires and no Will has been produced because,
v. The Will is not a Public Document,
vi. You have provided inaccurate or erroneous information,
You are not entitled to any refunds or exchanges.
1.2 "Time/Expenses" can be described as:
Researcher
Time spent researching persons or person, subject or notion (i.e. researcher's wage); travel expenses to and from record offices, or to and from information offices, or to and from all places relevant to research; waiting time for documents if 45 minutes or more, i,e, Probate Office, British Library, British Library Colindale, National Archives, Register Offices etc.
Administrative
General admin costs e.g. writing or telephoning on behalf of customer; acquiring copies of documents through photocopying or scanning; ordering microfilms relevant to research; ordering books or any other type of document relevant to research; hiring sub-contractors or agents in preference to travelling to far away geographic locations; sub-contractor or agents fees; analysing results; summing up results in a social and historical context; supplying photos and maps; writing and designing Report of Findings; print costs; postal costs.
2. If you provide a Wrong Reference or Incorrect Information when you request a birth, marriage, death certificate or a Will, Administration, Probate etc.
Should you make a mistake on your application for a document and we search the indexes based on your incorrect information and as a result cannot find an entry:
a. We will not issue you with a refund, nor will we perform the search again if you send corrected information as this is considered a second search.
If you still require the document you will need to apply for it again.
Therefore it is advisable to always check your information before you submit an order. If you realise that you have made an error on your form after you have submitted your order, contact us immediately so that we can amend this information before we undertake the search. 3. Paying by Cheque
All items or research paid for by cheque are subject to five working days bank clearance plus our Standard Delivery times as published on the product page. For example if you are purchasing a BMD certificate by cheque you will need to allow 5 working days for bank clearance and then a further 8-14 working days for the certificate to be processed, ordered and dispatched to you. 4. Your tree - controlling the Research
Customers can make applications for certain types of research to be undertaken, this must be completed by the end of the initial consultation period. When the consultation period has been completed all research methods, decisions and practices will be decided by us UKfamilyrecords.com and its partners. Under no circumstances will customers be allowed to: a. Dictate research methods;
b. Replicate the same research at the same time as UKfamilyrecords.com and its partners.
If customers wish to guide their research using a professional to supply them with documents, then they require a Record Agent.
5. Duplicating Research
Under no circumstances can Ukfamilyrecords be held responsible for duplicating work previously undertaken by the customer or by an agent working on the customer's behalf. It is the customer's responsibility to make sure that they inform Ukfamilyrecords of all previous research conducted about a subject, person or family along with a detailed sources checklist and all the relevant references pertaining to previous research.
If no source checklist or relevant reference list of previous research is forthcoming, Ukfamilyrecords maintains the right to duplicate any research already undertaken and as such will deduct any duplicate research from the customers credit.
6. Updates
All our updates remain FREE, you are not billed for them and they are not part of the service, but it has become increasingly difficult for us to provide them. During very busy times we may not be able to provide any updates at all.
Customers who continuously ask for updates during research are subject to a fee of £2.50 per update. Research duration times are supplied for most products, however long research projects such as Complete Family Trees, Family Tree Gift Voucher Packs etc. are subject to the reliance upon circumstances beyond the control of UKfamilyrecords and its partners. 7. Duration/Delivery Times
7.1 Under no circumstances can research duration times be accurately predicted. UKfamilyrecords.com and its partners will seek to deliver research in a timely fashion, however they cannot guarantee the delivery of any research or product for a specified date. 7.2 Our Delivery Times are provided as guidelines only and are not definite. Many of the documents supplied are processed and ordered from government departments and we are entirely reliant upon them to deliver promptly. 7.3 If delays occur we will do our best to inform customers, however customers should allow up to 21 days after the published delivery times for delivery of their research or document. Customers should note that 'Normally sent or Usually sent within 5 working days' does not mean 'Definitely sent or guaranteed sent within 5 working days', but that 5 working days is often the standard time. 7.4 UKfamilyrecords.com and its partners cannot be held responsible for not being able to supply research, famiily tree gifts and Complete Family Trees for special Gift Days such as Birthdays, Anniversaries, Christmas etc. or by dates specified by the customer. 7.5 Customers must not demand delivery of Complete Family Tree packages before the maximum stated Delivery Time of 12 months plus 21 days if the package has not been fully completed (including full report compilation and writing). Customers who demand early delivery will have their documents posted to them by First Class post without the full genealogical report and their contract with us will be terminated with immediate effect. 8. Results
Under no circumstances can UKfamilyrecords.com and its partners guarantee results or new information at the completion of research. To undertake research UKfamilyrecords.com and its partners may seek to consult original records that are: a. Missing or Incomplete;
b. Worn, damaged or illegible;
c. Inaccessible, not in the public domain;
d. Free from reference to the individual or subject being researched;
Due to these circumstances UKfamilyrecords.com and its partners cannot be held responsible for no results and you are not entitled to a refund or exchange of your research/document for another, if research has already been undertaken on your behalf. Our research fees are not 'result' driven, that is a customer pays for time/expense rather than final results. See Time/Expenses above. 9. Accuracy of Information
We provide no warranty whatsoever regarding the accuracy of public information, including government compiled indexes, government held records and the content of public documents. We hold no responsibility for failure to find information in government indexes, records and documents because of administrative mistakes or errors by the appropriate government departments. 10. Replacing missing documents and reports
UKfamilyrecords.com and its partners will seek to replace documents and reports that have gone missing in the post and that have been insured by the customer upon payment of the appropriate fee as denoted in the Product Listing on the website UKfamilyrecords.com. UKfamilyrecords.com and its partners cannot replace any documents and reports that have not been insured.
11. Correcting Mistakes
UKfamilyrecords.com and its partners will cover all costs and correct any mistakes it has made when creating a Report of findings bound or unbound, including any typing or transcription errors.
11.1 Errors made by the customer when supplying information regarding names, dates and facts or any other type of information, written or verbal is the responsibility of the customer and changes or amendments made to the Report of findings bound or unbound are subject to an Administration Fee of £45.00 if corrected by us, UKfamilyrecords.com and its partners. 12. Family Tree Application Forms
Once you have submitted your Family Tree application form (inc. those bought as Gift Voucher Packs), you cannot change it. You must make sure all is correct before you submit your Application and that all your personal choices for Gift Days and Report types are final.
You cannot ask for a tree to be delivered for a certain date (anniversary, birthday, christmas etc.) once your Application has been submitted.
13. Providing estimates
Wherever possible we will provide estimates for research that does not have a fixed price, however accurate estimates for complete jobs are very difficult to give because of the nature of research. Genealogy is the same as any other historical research and genealogists like historians have to employ a large variety of techniques to consult original sources and interpret them; anticipation of exactly which resources may be required, how many and how long is like trying to predict a future event and unfortunately those skills are not part of a genealogists training! If only it were....
14. Capping limits
If you wish for us to extend your research as far as possible, you may wish to employ a capping limit to your research. This means that you can pay the fixed price, but ask us to check all sources or as in our descriptions 'Search all classes'; by searching all classes, however you will run the risk of going over your budget. To enable you to control your budget you can enter a capping limit in the box provided, this will instruct us not to spend more than the amount you have provided. The capping limit should exclude the fixed price of the item, therefore if the fixed price is £38.00 and you only want to spend another £20.00, type £20.00 in the capping limit box; we will then search up to and inclusive of £58.00. Once the research has been completed you will receive an invoice for the capping limit, once this has been paid you will receive your research and your documents.
15. Payment Terms
If you have not paid in advance of your research, but have been granted a credit limit or have used a capping limit you will need to make sure that on receipt of an invoice you make a payment within 14 working days. If no payment is received within the Payment Period, non-payment proceedings will be initiated. (See Overdue Payments)
16. Overdue payments
If you fail to make a payment within 14 working days you will be charged at 8% interest of your total debt per day for three months; you will be provided with three reminders to enable you to make your payment, if after such time no payment is forthcoming Debt Collection and possibly legal proceedings will ensue.
17. Chargebacks
Ukfamilyrecords takes the use of unfair and illegal chargebacks seriously and will aggressively pursue the matter. If you make a chargeback before you contact us about a query, or you issue a demand for a refund verbally or in writing without having first discussed your order and how we can rectify any problems, you should consider that your claim may not be looked upon favourably by either PayPal, Google Checkout, or your credit card issuer.
Before issuing any Chargeback or a claim for a refund you should at first read all of our Terms and Conditions and the Terms of Service as per our product descriptions as your claim for a refund maybe illegal and in breach of these T&Cs. Remember that if you purchased a service from us, by doing so you had to agree to these Terms & Conditions. In the event of a default of this agreement, these terms and conditions of sale shall be governed by English law. |
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