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Terms & Conditions It is the policy of Fire Investigation Specialists Ltd to treat every client
and business contact with respect, fairness, honesty and integrity


LEGAL

Fire Investigation Specialists Ltd ('The Company') will provide its fire investigation services as Experts to its clients in accordance with written and/or verbal instructions received from the client and in accordance with these Terms and Conditions.

Acceptance of these Terms and Conditions shall constitute an Agreement made in England and subject to English Law. Any dispute arising will be decided according to English law.

This Agreement constitutes the entire Agreement between the parties in relation to the instructions given in this particular instance. The Agreement can only be varied in writing between the parties.

PAYMENT

Fees are calculated on an hourly basis in increments of 6 minutes (0.1 of an hour) in connection with the instructions given, and the levels of skill and responsibility involved; such fees include time spent while travelling. Fees for court attendance will be charged to the client. Independent peer review of reports is charged at a flat rate. Fee rates are reviewed annually at the start of the year. Charges are also made for expenses incurred by the Company in connection with work carried out on behalf of the client. The Company reserves the right to add a handling charge of 10 per cent to the cost of outside services, facilities or equipment purchased directly in connection with the instructions. Alternatively, arrangements can be made for the client to pay directly for such costs.

An invoice will be produced on submission of a report, or at intervals previously agreed between the Company and the Client. In some circumstances, the Company may require payment, or an interim payment, of fees and/or expenses at the start of or during the course of an investigation.

The Company undertakes to keep the client fully informed of any likely escalation of costs or time and if the estimated timescale to complete an investigation is likely to be exceeded.

The Company will make a charge for all works provided by a third party (e.g., laboratory analysis) including a 10% handling charge. Charges will also be made concerning to the transport and storage of case related items.

Unless prior agreement exists, all fees including expenses are payable in pounds sterling (GBP) within 28 days of the invoice date. The Company will exercise its legal right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debt (Interest) Act 1998. The Company also reserves the right to suspend the provision of its services for as long as any amount remains outstanding. The company urges all clients to contact them promptly if any payment issues are anticipated.

In the absence of any formal written agreement to the contrary, the person who instructs the Company (the Appointer) shall be responsible for payment of outstanding Fees and interest (if any), whether or not the Appointer has been paid by their client (or, in legal aid cases, by the Legal Services Commission). The Appointer shall pay such Fees in full.

If a Client requests the Company to provide its invoice to a third-party, agreement to pay will be required in writing, from the third party prior to issue of the invoice. The Client will remain liable for all outstanding payments until the invoice has been paid in full.

Where joint instructions are received from more than one independent Clients, an agreement in writing will be sought from each client confirming their responsibility for the full fee or specific proportion thereof, in accordance with clauses 5 to 12 above.

All reports and information supplied by the Company are considered confidential and intended for the sole use of the Client. Any report supplied by the Company must remain whole and unaltered without addition or deletion.

TRANSFER OF RESPONSIBILITY

The benefit of this Agreement may not be transferred by the Client without the prior written consent of the Company. When such consent is given, it is conditional upon the Client accepting the conditions already agreed between the Client and the Company.

INTELLECTUAL PROPERTY

The copyright and all other intellectual property rights in reports, photographs, videos, and any other material produced by the Company is and shall remain the exclusive property of the Company.

COMPANY STATUS

The Company maintains wholly independent status at all times and an instruction from a Client will not prohibit the Company from acting for other parties in subsequent investigations involving said Client.

The company will produce casework that is independent and unbiased. The opinions and conclusions contained in reports will not be influenced or altered in any way by any outside source.

LIABILITY

The Company undertakes that it will carry out its duties as agreed with the Client with all reasonable diligence and care within the terms of this document.

Nothing in the Agreement limits or excludes the liability of the Company:

For death or personal injury resulting from negligence; or

For any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Company.

The Company shall not be liable for loss of any profits or business, lessening of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

The Company shall not be liable or be deemed to be in breach of Agreement by reason of any delay in performing or failure to perform any of the Company’s obligations under this Agreement if the delay or failure was due to any cause outside of the Company’s reasonable control.

TERMINATION of AGREEMENT

Either party may at any time, terminate the Agreement by giving written notice to the other if either commits any breach of these conditions and fails to remedy the breach within 30 days of receipt of written notice to do so or if the other goes into liquidation becomes bankrupt, makes a voluntary arrangement with its creditors or goes into receivership.

In the event that the Agreement is terminated, the Client shall pay for all services provided up to the date of termination in accordance with clauses 5 to 13 above.

COMPLAINTS

Should a client wish to express dissatisfaction with any of the services provided by the Company, it should first discuss the matter with the consultant connected to the case or, in the event that the matter is not resolved to the satisfaction of the Client, any further grievance should be made known to the Managing Director in writing.

DATA PROTECTION

In accordance with the Company’s Data Protection Policy, any information held is only for internal use. No information is shared with a third-party. A copy of the Company’s Data Protection Compliance Policy is available on request.

GENERAL

Any notice required to be given by either party to the other under this Agreement shall be in writing addressed to the other party at its registered office or principal place of business.

No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right. No waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

This Agreement does not nor is it intended to confer a benefit on a third party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
Privacy COOKIES

We may use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, then we recommend you visit: http://www.aboutcookies.org for detailed guidance.

How we use cookies: A cookie is a small file placed on your computer's hard drive. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. When you visit our website a cookie control dialogue box will provide information about cookies and how you can control them.

More information on session cookies and what they are used for can be found here: http://www.allaboutcookies.org/cookies/session-cookies-used-for.html.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Fire Investigation Specialists Ltd. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Fire Investigation Specialists Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Fire Investigation Specialists Ltd. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

PRIVACY POLICY

Effective date: May 01, 2021

Fire Investigation Specialists Ltd. ("us", "we", or "our") operates the https://fireis.co.uk website and associated services.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our services and the choices you have associated with that data.

We use your data to provide and improve our services. By using our services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://fireis.co.uk website.

Definitions

Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data: Usage Data is data collected automatically either generated by the use of our services or from the service infrastructure itself (for example, the duration of a page visit).

Cookies: Cookies are small pieces of data stored on a User’s device.

Data Controller: Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers): Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject: Data Subject is any living individual who is the subject of Personal Data.

User: The User is the individual using our services. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our services to you.

Types of Data Collected - Personal Data

While using our services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, City, County, Postal code.

Usage Data

We may also collect information how our services are accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We  may use cookies and similar tracking technologies to track the activity on our website and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our website. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

Examples of Cookies we may use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Use of Data

Fire Investigation Specialists Ltd. uses the collected data for various purposes:

To provide and maintain our services
To notify you about changes to our services
To allow you to participate in interactive features of our services when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our services
To monitor the usage of our services
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

Fire Investigation Specialists Ltd. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Fire Investigation Specialists Ltd. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our services, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Fire Investigation Specialists Ltd. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Contact forms and Email correspondence:

If you use our website contact form, none of the data that you supply will be stored by this website or passed to / be processed by any third party data processors. The data will be sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (otherwise known as SSL) meaning that the email content is encrypted before being sent via the internet. The email content is then decrypted by our computers and devices.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, Fire Investigation Specialists Ltd. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Fire Investigation Specialists Ltd. may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation

To protect and defend the rights or property of Fire Investigation Specialists Ltd.
To prevent or investigate possible wrongdoing in connection with our services
To protect the personal safety of users of our services or the public
To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Rights

Fire Investigation Specialists Ltd. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

To access and receive a copy of the Personal Data we hold about you
To rectify any Personal Data held about you that is inaccurate
To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Fire Investigation Specialists Ltd. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Service Providers

We may employ third party companies and individuals to facilitate our services ("Service Providers"), to provide our services on our behalf, to perform service-related services or to assist us in analyzing how our services are used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our website.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on our website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Links To Other Sites

Our website may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy
Our services does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us
If you have any questions about this Privacy Policy, please contact us:

By email on the website: https://fireis.co.uk

By phone number: 07747 475 455
Malcolm Jenkins Technical Expert Malcolm Jenkins is an experienced fire investigator, instructor and assessor who has conducted many hundreds of fire investigations, both during his fire service career and in the private sector. He has investigated a wide variety of incidents, including accidental fires, non-terrorist explosions and fatal fires in domestic, commercial and industrial premises.
Malcolm has experience in preparing and presenting evidence for use in the criminal justice system at all levels.

Member of: Chartered Society of Forensic Sciences, United Kingdom Association of Fire Investigators, International Association of Arson Investigators & UK Register of Expert Witnesses.
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Previous Fire Investigation Cases

Expert witness testimony, forensic fire investigation and advisory services have been provided to organisations for both defence and prosecution purposes in a number of court cases.
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