Investigation Services Terms & Conditions
Important note: Please read before commissioning CMP
1. Foreword
1.1. These terms set out the obligations between you (the Client) and Conflict Management Plus Ltd, registered in England and Wales, Company number: 3880628 (CMP, We, us, or Our). These terms explain what happens once you have confirmed a piece of work (Investigation, Case, Project, the Work), and how we manage your project.
2. Confirmation of investigation
2.1. Investigations are considered binding and cancellation fees apply after we receive the signed commissioning document. CMP will only instruct an Investigator to create a Terms of Reference upon receipt of the signed commissioning document from the client.
2.2.We require a purchase order number from the client before we commence our chargeable services. Where the Client does not operate a Purchase Order system, written confirmation of this is required along with the suitable invoicing contact.
2.3. CMP undertakes the investigation and the scope set out in the Terms of Reference in good faith and mutual agreement. Having started the process as set out in the commissioning document, the investigator may recommend revising the scope; in such instances, CMP reserves the right to re-negotiate the fees and expenses with the Client.
3. Service delivery
3.1. CMP agrees to make the appropriate number of suitably experienced investigators and support staff available on dates to be mutually agreed between the Client, the parties, and CMP.
3.2. The Client agrees to make best efforts to make available all parties to the investigation to the Investigator in a timely manner, to enable the investigation to progress.
3.3. To maintain our entire independence, CMP will submit our report/s only to the commissioning manager who is not involved in the case as a respondent, or complainant, or witness. If this is not possible CMP will submit the report to a director of the business named at Companies House, in such cases CMP’s preference is that the report be submitted to a Non-Executive Director. We will undertake investigations only where payment for services is independent of any respondent/s or complainant/s to the matter under investigation. A claim by a respondent, complainant, or witness who alleges that our process and/or findings are flawed is not considered to be reasonable grounds for non-payment or a dispute about payment.
3.4. The Client agrees parties to the investigation will, as far as is practical, be relieved from work pressures in the time immediately before and after any interviews.
3.5. The Client agrees to keep all parties to the investigation updated on case progress. Where the client asks CMP to undertake this CMP reserves the right to charge for the administration time spent.
3.6. The Client agrees to make available all material case information (such as CCTV recordings or email evidence) relating to the investigation available to the investigator on request and without delay. Where the materials cannot be provided a written explanation from the client is required for inclusion with the case file. The Client agrees that no item of relevant case information is hidden from the investigator or altered in a way that would obstruct or change the investigation outcome.
3.7. The Client agrees to an ongoing duty of disclosure to CMP for all matters that would influence the process of carrying out the investigation, or outcome of an investigation. This duty of disclosure will apply throughout the contract and extends to any event that CMP is required to engage with such as an Employment Tribunal.
3.8. Our standard working day for Investigators is 09:00 to 18:00 with an hour break for lunch. Where we deliver on premises for a client, the client agrees to make available suitable break and rest facilities for CMP staff and CMP Contractors.
3.9. Where the client requests out of hours working CMP will reserve the right to charge an additional fee at a minimum of 1.5 times the agreed rate for any hours worked in excess of point 3.8; including out-of-hours; weekend; or bank holiday working.
3.10. If there is an ongoing investigation by the Police or other relevant legal authority CMP will liaise with the relevant authority to ensure that any work being conducted by CMP does not jeopardise the investigation being undertaken by the legal authority. We reserve the right to pause the Investigation, without penalty, if required to do so by the legal authority.
3.11. The Client acknowledges its obligations under the Health and Safety at Work legislation to create a safe work environment for CMP staff and Contractors. This extends to, but is not limited to, fire safety, first aid provision, ensuring that CMP staff are treated fairly and respectfully.
3.12. The Client will be charged on the basis of time spent on a case, from the case commissioning document being signed. Our minimum charging basis is hourly. The client will be provided with the Terms of Reference which will provide the scope of activities and an estimate of the time required to complete.
3.13. The Client agrees to make all relevant parties available for interview within fifteen (15) working days of the request for interview, otherwise CMP reserves the right to charge a retainer to keep the allocated investigator on the case.
3.14. Where an investigation is inactive starting fifteen (15) working days from the request by the investigator to three (3) calendar months from the original request the case will be deemed as on hold. Once six (6) months has elapsed from the original request CMP reserves the right to treat the case as cancelled.
3.15. The client agrees to update CMP every ten (10) working days with an update on party availability and other pertinent information to the investigation. CMP reserves the right to charge if not updated.
3.16. In conducting the investigation CMP may need to access third party services such as language translators. CMP reserves the right to choose and appoint subcontractors as required. CMP will provide the client with indicative costs of such services before engaging the relevant service.
4. Payment of expenses
4.1. The Client will be invoiced for expenses in addition to the fees as set out in the commissioning document or any amendments provided by CMP and agreed to by the Client.
4.2. Although we will endeavor to supply a local investigator wherever possible, the best match for your needs may not be the nearest investigator.
4.3. No receipts are provided, unless expressly requested prior to the case being commissioned. An administration fee of £50 plus VAT will be charged for processing expense receipts when requested by the client.
4.4. CMP will apply the appropriate VAT treatment to expenses as defined under HMRC’s guidance on recharges and disbursements.
4.5. Travel time is chargeable for journeys over four hours duration one way. At the pro-rata hourly rate.
5. Payment of invoices
5.1. Invoices are to be paid within thirty (30) days of the invoice date.
5.2. CMP issues invoices on completion of the work, when competed within two (2) months. Otherwise, CMP will issue interim invoices for the time spent to the date of the invoice.
5.3. Where the services are not paid for in the agreed period any discount may be cancelled (at CMP’s discretion) and interest and compensation charged as per the Late Payment of Commercial Debts (Interest) Act, on a monthly basis on all the balances outstanding on the 28th of each calendar month, subsequent to the agreed payment period.
5.4. CMP will issue invoices in GBP (£) unless CMP gives written confirmation that it will agree to invoice in a different currency.
5.5. The Client is responsible for payment of any: bank charges, foreign currency conversion fees, and taxes, in addition to the invoice amount.
5.6. Where withholding tax is applicable the Client must inform CMP in writing before the commissioning document is signed.
5. 7. The client agrees that once an invoice is issued, any queries or disputes must be raised within 28 days of the issue date. Once the 28 days have passed the client shall be deemed to have acknowledged the accuracy and validity of the invoice. Consequently, no payment shall be withheld or delayed by the Client on the grounds of disputes or queries raised after the 28 days has passed.
6. Cancellation and Postponement
6.1. Cancellation fees are chargeable from the signing of the commissioning document.
6.2. Cancellation fees are charged at a fixed fee equivalent to two (2) days at the case or investigation rate, plus time spent working on the case, plus 50% of time spent working on the investigation. The amount chargeable will not exceed the Terms of Reference scope.
6.3. Charges for cancelled or Non-attendance at interview/meeting
Per day at agreed day rate
- More than 5 working days’ notice – 0% of the allotted interview time
- Between 3 – 5 working days’ notice – 50% of the allotted interview time
- Less than 2 working days’ notice – 100% of the allotted interview time
6.4. We reserve the right to not enforce these fees.
7. Confidentiality and Data Protection
7.1. CMP is registered with the ICO as a data controller under the UK’s Data Protection Act 2018 and the EU’s GDPR. However, when contracting with a client we will assume the role of data processor unless otherwise stipulated and act in accordance with the controlling client’s data processing agreement or contracting terms. Each party shall comply with its own regulatory and legal obligations to comply with relevant legislations for processing data.
7.2. We have identified that the lawful bases for our data use under this engagement are:
- The ‘legitimate interest’ of the parties and those involved in the services provided
- Compliance with our legal obligations
- Where relevant, to ensure the performance of the contract between us and the client
7.3. The parties shall cooperate with each other to ensure mutual compliance under relevant legislation, at the reasonable expense of the Client.
7.4. Information obtained by CMP about the client and from the client’s employees during and after delivery of the investigation will be treated by CMP as strictly confidential and restricted to the client, except where we are called upon to give evidence in an employment tribunal, or other legal proceedings, where the rights of the Tribunal or Court, supersede the obligations of client confidentiality.
7.5. The Client will notify CMP of any special requirements regarding confidentiality.
7.6. Any correspondence with parties from CMP will be sent by email to the address given to us by the party at interview.
7.7. Your contact details and those of the parties involved in the investigation, and all reports and papers connected to the case, will be held on our secure SharePoint site. As a minimum CMP operates to Cyber Essentials Plus standard. More details about how we manage data, and information about your rights, can be found in our privacy notice at www.cmpsolutions.com/privacy.
7.8. Should CMP receive a Subject Access Request from an individual involved in an investigation then regardless of whether we are acting as a data processor or controller or joint controller we reserve the right to charge the client the prevailing rate to complete the administration to respond to such a request if required to do so by contractual agreement with our client or as a result of our obligation to the ICO and the individual concerned.
7.9. Where CMP engages with a government or commercial entity who require UK National Security Vetting or international equivalent. The Client agrees to act as the sponsor for the investigator and head office staff as appropriate to ensure that this requirement is met.
8. Public Relations
8.1. CMP may approach the Client with opportunities for positive publicity around a piece of work CMP has delivered for the Client. In such cases the CMP will approach the Client for permission before conducting such pieces of work. CMP will in all instances, respect the confidentiality of the investigation/s and the parties involved. The Client will be given the opportunity to review and approve all materials involved in publicity work before public distribution. The Client acknowledges that once published it may not be possible to recall any
material in the public domain.
8.2. CMP will refer any third parties enquiring about an investigation to the Client. Where there is significant reputational risk to CMP, CMP reserves the right to directly deal with third parties whilst respecting the confidentiality of the investigation and parties involved.
9. Exclusion of liability
9.1. The Client acknowledges that the service provided by CMP is strictly limited to those matters contained in the commissioning documents, which accompanies these Terms and Conditions.
9.2. The Client will not hold us our principals and staff, responsible, to the fullest extent permitted by law, for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with an investigation.
9.3. The Client agrees to not bring any claim in connection with services CMP provide to the Client against any of our directors or employees personally.
9.4. Following the provision of investigation services, in the event of an Investigator being requested to take part in a subsequent Employment Tribunal, contested court proceeding or appeals process, CMP’s hourly charges and expenses apply. This includes time spent in preparation; meetings; reasonable expenses; and attendance at court.
9.5. In the event of any CMP employee or subcontractor being requested to take part in a subsequent process, such as a hearing or case review, CMP’s hourly charges apply, these fees will include time in preparation; meetings; reasonable expenses; and involvement in the process.
9.6. Unless there is a legal or regulatory requirement to do so, our work is not to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
9.7. The Client agrees CMP cannot be held liable, for any action taken, not taken, or loss incurred, as a result of the Client’s actions or non-actions, that are based upon CMP’s report and/or recommendations.
10. Indemnity
10.1. The Client will indemnify CMP against any claim for any act or omission in performance of their work unless the act or omission is grossly negligent, fraudulent, or shown to be in bad faith. The Client agrees that CMP’s liability in such instances, as far as is allowed by law, shall not exceed the amount paid for the investigation by the Client.
11. Termination
11.1. CMP shall be entitled to terminate the Contract by giving to the Client not less than 30 calendar days’ notice to that effect.
11.2. CMP may terminate the Contract by written notice having immediate effect if: the Client being an individual or a firm, the Client or any partner in the firm becomes bankrupt or has a receiving order or administration order made against them; or makes any compromise or arrangement with or for the benefit of their creditors or shall make any conveyance or assignment for the benefit of their creditors, or shall purport to do so, or if in Scotland they shall become insolvent or not our bankrupt, or any application shall be made under any Bankruptcy Act for the time being in force for sequestration of their estate, or a trust deed shall be granted by them for behoof of their creditors]; or c) the Client being a company, goes into liquidation either compulsory or voluntary (save for the purpose of reconstruction or amalgamation) or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of its assets or if the Client makes an assignment for the benefit of or composition with its creditors generally or threatens to do any of these things or any judgment is made against the Client or any similar occurrence under any jurisdiction affects
such party.
11.3. If the Client commits a material breach of the Contract and (if such breach is capable of remedy) failed to remedy such breach within five (5) working days of being required by CMP in writing to do so: a) CMP shall (without prejudice to any other of its rights) be entitled to terminate the Contract by notice to the Client with immediate effect.
11.4. If the Client fails to provide a safe working environment in which CMP staff and subcontractors are treated fairly and respectfully CMP reserves the right to terminate the contract giving not less than five (5) working days’ notice.
11.5. Subject to any earlier termination under clauses listed above, the Contract shall expire upon completion of the Services or final payment for the Services whichever is the later.
11.6. Termination of the Contract shall not affect any rights or remedies of CMP that may have accrued up to the termination date or in respect of any obligation in the Contract expressly or impliedly having effect after expiry or termination of the Contract.
12. Corrupt Gifts or Payments
12.1. The Client shall not: offer or give, or agree to give, to any employee or representative of CMP any gift or consideration of any kind as an inducement or reward for doing, or refraining from doing or having done or refrained from doing, any act in relation to the obtaining or execution of this or any other Contract with CMP or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract.
13. Governing Law
13.1. The Contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales, to which both Parties submit.
14. Invalidity and Severability
14.1. If any provision of these terms and conditions shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
Contact
Head of Operations
T: 01763 852225
CMP Resolutions is a trading name of Conflict Management Plus Ltd (CMP), company registration number 3880628, whose registered office is at Low Farm, Brook Road, Bassingbourn, Hertfordshire SG8 5NT, Great Britain.
