SEAFACS INFORMATION & RESEARCH®

TERMS & CONDITIONS

  1. The Service
    The Seafacs Information & Research (“SIR”) Service (“the service”) is provided exclusively on the terms set out below. SIR acts as agent of clients when they locate and retrieve information, or act as intermediary providing information services on behalf of their clients.
  2. Confidentiality & Intellectual Property
    SIR recognises and supports the Code of Ethical Practice of the Association of Independent Information Professionals.

    SIR recognises the importance of confidentiality in the enquiries it handles. To this end SIR agrees to take reasonable measures to protect the secrecy of and avoid disclosure and unauthorised use of any information which has been identified by the Client as being confidential. Reasonable measures shall mean taking such measures as Seafacs would takes to protect its own confidential information. No copies of confidential information shall be made or transmitted in any form to third parties without the express written approval of the Client.
    In providing any services information data or advice SIR undertakes not to knowingly disclose the identity of any Client without prior permission and to exercise caution when searching for information or undertaking research so as to avoid bringing unnecessary and unwanted attention to the Client or the enquiry.

    SIR recognises intellectual property rights and respect licensing agreements. SIR is committed to the practice and principle of one time use of copyrighted material and requires clients at all times to strictly adhere to the applicable provisions of international copyright laws regarding the reproduction and photocopying of protected materials.

  3. Liability
    (a) In providing any services information data or advice neither SIR nor any of its officers, employees or agents warrants the accuracy or completeness of any information, data or advice supplied. Except as set out herein, neither SIR nor any of its officers, employees or agents (on behalf of each of whom SIR has agreed this Clause) shall be liable for any loss, damage or expense whatever sustained by any person due to any act, omission or error of whatsoever nature and howsoever caused of SIR, its officers, employees or agents or due to any inaccuracy of whatsoever nature and howsoever caused in any information, data or advice given in any way whatsoever by or on behalf of SIR even if held to amount to a breach of warranty. Nevertheless, if any person who is a party to an Agreement under which SIR supplies services uses SIR services or relies on any information, data or advice given by or on behalf of SIR and suffers loss damage or expense thereby which is proved to have been due to any negligent act, omission or error of SIR, its officers, employees or agents or any negligent inaccuracy in information data or advice given by or on behalf of SIR, then SIR will pay compensation to such person for his proved loss up to but not exceeding the amount of the fee (if any) charged by SIR for that particular service information, data or advice.

    (b) SIR, its officers, employees or agents (on behalf of each of whom this notice is given) shall be under no liability or responsibility in negligence or otherwise howsoever to any person who is not a party to this Agreement in respect of any information, data or advice expressly or impliedly given by SIR during the course of this Agreement or in respect of any act or omission or inaccuracy by SIR. The Client undertakes to indemnify SIR against any losses suffered by or claims made against SIR as a result of the loss, use or misuse by the Client or by any other user authorised under the terms of this Agreement of the Services supplied by SIR under this Agreement.

    (c) SIR, its officers, employees or agents shall in no circumstances be liable for indirect or consequential loss or damage (including but without limitation loss of profit, loss of contracts or loss of user) suffered or incurred by any person resulting from any failure by SIR in the performance of its obligations hereunder.

    (d) Any conditions or warranties in respect of the Services that would otherwise have been implied by law, custom or otherwise are hereby disclaimed and shall not apply.

  4. Charges
    Clients using the service are charged as follows:
    (a) Annual subscription, such subscription to include SIR time spent in dealing with any enquiry up to a maximum of  2 hours per enquiry, thereafter time is charged at £70 per additional hour.
    (b) Occasional users. A minimum charge of £250 per enquiry up to a maximum of 2 hours, thereafter time is charged at £70 per additional hour.
  5. Clients undertake to make these terms and conditions known to all officers employees or agents using or likely to use the service.
  6. Should SIR be requested by more than one party to provide any services information data or advice relating to the same incident or subject matter, SIR shall be entitled respond to each such request, unless formally and exclusively retained in writing by one party alone at the time of making the request.
  7. These terms and conditions shall be governed by and construed in accordance with English Law.
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