Terms and conditions
Definitions
Definitions
- “I”, “We” or “Tree Tracers” means Katharine Lander trading as Tree Tracers.
- “You” or “the client” means the person, or other legal entity, which has contracted with Tree Tracers for the provision of genealogical research services, or the purchase of a gift token for the provision of genealogical research services.
- “Research task” means the bespoke research task which has been agreed between the client and Tree Tracers, or the fixed price research task which has been agreed between the client and Tree Tracers, or the fixed price research task which has been agreed between the recipient of a gift token and Tree Tracers.
- For the purposes of defining the scope of the research task and accepting the delivery of the research output, the recipient of a gift token becomes the client.
- The agreed research task together with these terms and conditions form a contract under English Law between the client and Tree Tracers, and the parties submit to the jurisdiction of the courts of England and Wales.
- Tree Tracers will make all reasonable efforts to ensure that its research results are error free.
- Any errors in the formatting, grammar or spelling of the research report and family trees produced by Tree Tracers will be corrected by Tree Tracers free of charge, provided the errors are notified within 3 months of the completion of the task.
- Any errors in the research findings which are notified to Tree Tracers within 3 months of the completion of the task will be corrected by Tree Tracers free of charge provided that the client can show documentary proof that an error has been made by Tree Tracers.
- Tree Tracers will not be held liable for any errors which are due to incorrect information provided by the client as part of the task definition. The client should therefore make clear any uncertainty which exists in the information they provide as part of the task definition.
- Tree Tracers will not be held liable for any consequential damages as a result of errors or omissions in the research performed.
- The liability of Tree Tracers for errors and omissions will be limited to at most the refund of the fee paid for the research task.
- The client accepts that the research may reveal information about their ancestors which they consider to be undesirable (for example illegitimate ancestors, or ancestors who have been involved in criminal activity). Tree Tracers will report all information found regardless of what it reveals.
- The fixed price research packages will aim to trace each of the relevant branches to the “early 1800s”. "Early 1800s" will be taken to mean that the earliest fact found on each relevant branch of the tree will be for an event which took place prior to 1850.
- There may be some cases where a branch cannot be traced to the early 1800s because of gaps in the available data, or because events were never documented (for example it may not be possible to trace the father of an illegitimate child). If this is the case on a single or double branch research package then Tree Tracers will contact the client to determine whether the research should be redirected onto another branch of the tree. Alternatively, a discount will be offered if it is not possible to trace the branch to the early 1800s.
- For a half tree or whole tree research package it is more likely that one or more branches will not be traced to the early 1800s. In these cases a discount will only be offered if less than 75% of the branches can be traced to the early 1800s.
- The client consents to Tree Tracers holding the information they provide, and the results of the research conducted, on Tree Tracers’s computers.
- The computers used by Tree Tracers shall be protected by password and by anti-virus software.
- Back-up copies of the information held will be stored on a password protected backup device controlled by Tree Tracers. Backup copies will not be held in cloud storage or on any other storage device not under the control of Tree Tracers.
- The client shall own the copyright on the research report and family trees produced by Tree Tracers as part of the task.
- The client agrees to Tree Tracers retaining a copy of the research performed, in order to allow for the correction of any errors, or for any required follow-on research to be performed.
- Tree Tracers shall not publish the research without the written permission of the client.
- For a fixed price package or bespoke research package, work will begin after agreement of the task description between Tree Tracers and the client, and the payment by the client of a deposit of 50% of the agreed fee for the task.
- Once the research is complete and ready for delivery, the client will be required to pay the remaining balance of the fee prior to the research output being delivered.
- The fees will be specified in the task description agreed between Tree Tracers and the client. Any amendments to the fee, for example to cover the purchase of additional birth or marriage certificates, will be agreed by e-mail between Tree Tracers and the client.
- For gift tokens, 100% of the fee for the fixed price package covered by the gift token is to be paid by the client prior to the gift token being issued.
- Gift tokens are valid for 1 year from the date of issue. No refund will be provided for gift tokens which are not redeemed within this time limit.
- Where bespoke research requires travel, distances will be measured from Tree Tracers's office (postcode PO8 8PT) to the destination via the shortest route on Google Maps. Travel time and mileage is free to locations within 25 miles, excluding the Isle of Wight. To locations beyond 25 miles, the first 25 miles are free and mileage and travel time are charged for the remainder of the journey.
- For bespoke research additional travel and other costs such as train fares, car parking, photography permits and photocopying will be chargeable to the task, provided they have been agreed in advance as part of the task description, or have been agreed between Tree Tracers and the client by e-mail prior to the costs being incurred.
- Tree Tracers will abide by the Code of Ethics and Professional Practices of the Association of Professional Genealogists (APG).
- Any dispute over the service provided which cannot be resolved via agreement between Tree Tracers and the client, will be addressed under the complaints procedure of the APG.