Note: These terms apply to engagements with Harwick Intelligence. They do not constitute legal advice and are not a substitute for the engagement letter we issue for each instruction. If anything in these terms is unclear, please ask us before instructing us.
The parties
In these terms, "we", "us", and "our" refer to Harwick Intelligence. "You" or "the client" refers to the individual or organisation instructing us.
Engagement
An engagement begins when we issue a written engagement letter setting out the scope of work, methodology, fees, and any other terms specific to the matter, and you confirm your acceptance in writing or by paying any agreed deposit. We do not commence work until the engagement is in place.
We reserve the right to decline any instruction. We will not accept instructions where we believe the purpose is improper, where the methods required would be unlawful, or where there is a conflict of interest we cannot manage.
Scope of work
The scope of each engagement is defined in the engagement letter. If the matter develops in a way that requires work beyond the agreed scope, we will discuss this with you and confirm any change in scope, methodology, or fee in writing before proceeding.
Lawful methods
All investigation work is conducted in accordance with the law of England and Wales (and, where the work is undertaken there, the law of Scotland or Northern Ireland). In particular, we operate within the framework set by the Data Protection Act 2018, the UK General Data Protection Regulation, the Regulation of Investigatory Powers Act 2000, the Human Rights Act 1998, the Computer Misuse Act 1990, and the Protection from Harassment Act 1997.
We will not employ unlawful methods regardless of the instructions we receive. If at any point we conclude that an instruction cannot be progressed lawfully, we will tell you and either revise the scope or terminate the engagement.
Fees and payment
Our fees are set out in the engagement letter. Fees may be charged on a fixed-fee basis, on a time-and-materials basis at agreed daily or hourly rates, or as a capped estimate. Disbursements (such as travel, equipment, court fees, or specialist services) are charged at cost unless agreed otherwise.
Unless agreed otherwise, invoices are payable within 14 days of issue. We may require a deposit before commencing work, particularly for new clients or where significant disbursements are anticipated. We reserve the right to suspend or terminate work for unpaid invoices.
Confidentiality
We treat all information you provide, and all information generated during an investigation, as strictly confidential. Information is shared only with members of our team who need it to deliver the engagement, and with third parties as set out in our Privacy Notice or with your consent.
Where instructions are received from a solicitor on behalf of a client, our work and reports may attract legal professional privilege. We work within this framework where it applies.
Reports and evidence
We provide written reports setting out our findings, supporting evidence, and methodology. Reports are prepared in a form suitable for use in legal proceedings. We will, where required and at agreed additional fees, provide witness statements, attend hearings, or give evidence in support of our findings.
We do not warrant any particular outcome of an investigation. The value of investigation lies in the lawful and proportionate gathering of evidence; the conclusions to be drawn from that evidence are a matter for the client and their legal advisers.
Limitations on what we can achieve
Some matters cannot be progressed lawfully or proportionately, and we will say so. We do not access private communications, accounts, or computer systems without lawful authorisation, and we do not employ pretext, deception, or impersonation in regulated contexts (such as obtaining banking, telecommunications, or medical information). We will not accept instructions that would require any of these.
Data protection
We process personal information in accordance with the UK GDPR and the Data Protection Act 2018. Our Privacy Notice explains how we handle personal information, including the rights of subjects of investigation.
Termination
Either party may terminate an engagement at any time on reasonable notice. We may terminate immediately if we conclude that continuing would require unlawful methods, that there is a conflict of interest we cannot manage, or that fees are unpaid after demand. On termination, you remain liable for fees and disbursements properly incurred up to the date of termination.
Liability
Nothing in these terms limits our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be limited as a matter of law. Subject to that, our total liability arising out of or in connection with any engagement is limited to the fees paid by you under that engagement, except where a higher cap is agreed in the engagement letter.
We are not liable for indirect or consequential losses, loss of profits, loss of business, or reputational loss.
Complaints
If you are unhappy with any aspect of our service, please raise it with us in the first instance. We will acknowledge your complaint promptly, investigate it, and respond in writing. We aim to resolve complaints as quickly as possible and to learn from them.
Governing law and jurisdiction
These terms and any engagement entered into under them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute arising out of or in connection with them, save that we may bring proceedings in any jurisdiction to enforce payment of fees properly due.