Terms and Conditions

Terms and Conditions

Definitions

“I/me/my/we” refers to Paul Watling, Under the Gooseberry Bush, 23 High Leas Beccles, NR34 9LG. I am registered with the Information Commissioner’s Office under the Data Protection Act.

“You/Your” refers to ‘the named client’.

Your information and instructions

• Your contact and family information is treated as strictly confidential and will not be shared with any other person or organization without your explicit permission. Should you wish for me to communicate with anyone else regarding your family research, written authorization from you will be required. Due to data protection policies, I can only share information obtained with the named person(s) requesting the research.
• Periodically, I may seek your permission to publish extracts from my research on my website and social media platforms.
• Occasionally, I may incorporate the results of research into academic coursework, assignments for genealogy students, talks, or publications. No information about living individuals will be disclosed. By agreeing to these terms and conditions, you consent to the use of your research for such purposes without further permission. Any new information discovered will be communicated to you.
• Prior to commencing any research, I will confirm your instructions in writing and my understanding of any specific research requests.
• If you provide details of any previous research, it is your responsibility to ensure its accuracy to avoid duplication, unless you specifically instruct me to verify its accuracy. Any findings during the research that duplicate known information but were not disclosed prior to starting will still be billed.
• You acknowledge that I cannot guarantee locating any particular individual(s), family, or other information, nor can I predict the success of a search. Should a search prove unsuccessful, I reserve the right to charge for the time spent conducting such searches.

My commitment to you

• I offer family history research of the highest quality, ensuring clients are satisfied with the service, aware of progress, and involved at every stage. You will be kept informed of my progress at regular intervals.
• I will not exceed the initially commissioned time without prior agreement.
• I commit to reporting the findings of the research with detailed sources of the obtained information, including details of unsuccessful searches. Where research is not successful, I will provide information on the explored avenues.

10. Paid time includes research, analysis, drawing charts, and reporting time, as well as time spent communicating with you via telephone and/or email.

11. If insurmountable hurdles arise during research, I may offer a partial refund based on the time spent on the project before reaching this conclusion.

12. If the research takes less time than expected or cannot progress as anticipated, any unused prepaid research hours will be refunded.

13. For some projects, it may be necessary to instruct subcontractors due to the distance to records or the need for subject specialists. In such cases, subcontractors are carefully selected based on their expertise and quality of work, and you will be consulted prior to their instruction.

14. I remain the primary contact for all projects and oversee all research conducted by Paul Watling, Under the Gooseberry Bush.

Professional Standard

15. As a student associate of the Association of Genealogists and Researchers in Archives, I abide by their Professional Code, available online at: AGRA Professional Code

Payment Terms

16. For primary research packages (basic, standard, and standard plus), a 10% deposit is required upon receipt of instructions, and an invoice will be issued. The remaining balance is due upon completion of the work, before the report and any supporting documentation are sent to you.

17. A payment plan can be arranged at any stage of the research; however, the final report and any supporting documentation will only be sent after full payment is received. Monthly statements will be issued.

18. Document costs are additional to my fees – see below.

19. For travel to archives outside Suffolk County or beyond a 40-mile radius of NR34 9LG (whichever is first), additional travel costs of £0.45 per mile will apply, with pre-agreed written approval.

Document Copies

20. Documents are provided at cost price, and no documents will be purchased without prior agreement and advance payment. Some packages include free birth, marriage, and death certificates, which will be confirmed.

21. Where a budget is agreed, documents will be purchased within the budget without prior agreement, unless exceeding the budget, in which case prior approval will be sought.

22. For uncertain document copy costs, an invoice will be issued, and the cost deducted from any amount paid to date.

Likelihood of Success

23. It may not always be possible to trace a family back as far as expected or find specific information in a document. Research time includes time spent on negative outcomes, yet all research is valuable as it rules out certain directions. Negative outcomes will be included in my report. Surname variations are considered, but if they create extra time and cost, or affect success, you will be notified.

Cancellation

Your Rights

24. The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 allow you to cancel this agreement within fourteen working days following the day you return the signed copy of this letter. By signing and returning this letter, you authorize me to start work immediately. If you choose to exercise your cancellation right, you must do so in writing using the attached Cancellation Form and returning it to Paul Watling @ utgbush@gmail.com. You will be liable for work completed up to the date of cancellation, with the amount deducted from any payment made. Any remaining balance will be returned within 14 days.

My Rights

25. I reserve the right to decline cases with low chances of success based on initial information provided, e.g., generic names like “Smith” and/or a single year. Generic research discussions will be held and agreed.

26. Non-payment as per the terms of this agreement allows me to cancel your instructions and discontinue work. All outstanding payments will remain due.

27. Failure to pay may lead to dispute resolution and/or court proceedings to recover outstanding fees, possibly incurring additional costs.

28. Without a signed copy of the letter within 14 days, I will assume you do not wish to proceed and take no further action.

Limitation of Liability

29. Documents are provided and interpreted “as is,” and I accept no responsibility for errors within those documents.

30. My liability for any actual, incidental, indirect, or consequential loss or damage is limited to the contract value.

31. Services by third parties instructed to assist in research are subject to these terms and conditions. If third-party providers require you to agree to their terms, it is your responsibility to read, understand, and agree to them. Any dissatisfaction with third-party services should be addressed directly with them.

Copyright

32. Documents prepared by me, including charts, reports, transcriptions, and translations, remain the copyright of Paul Watling, Under the Gooseberry Bush, and should not be published without prior consent.

33. Digitized material obtained from websites retains the copyright of the individual website and will be acknowledged in my work.

34. General Register Office documents obtained by me as your agent are owned by you but remain the Crown’s copyright and will be acknowledged in my work.

General Data Protection Regulations (GDPR)

35. By agreeing to these terms and conditions, you consent to me holding your personal information necessary for conducting research on your behalf, retained for a minimum of 5 years as required by law.

36. Personal details or documents provided by you containing information about living individuals imply their consent.

Complaints Procedure

37. Should you be dissatisfied with the research, I will address any issues promptly and agree on a refund where appropriate. If unresolved, you may refer to AGRA.

Applicable Law

38. This agreement shall be governed by United Kingdom law.

Notices

39. Any notices should be addressed to Paul Watling, Under the Gooseberry Bush, 23 High Leas, NR34 9LG.

Non-performance

40. In the event of injury or ill health preventing me from completing your instructions, I will provide a full report of work completed to date along with supporting documentation. Written consent will be given for transfer to an alternative genealogist/family historian of your choice. You agree to pay for work completed up to that date, with any pre-payment balances returned within 14 days.

41. In the event of my death, my Executors will provide a copy of the completed work to date and supporting documentation. These terms provide written consent for transfer to an alternative genealogist/family historian of your choice. Outstanding payments for completed work will be due, and pre-payment balances will be returned as soon as possible, subject to probate laws.

Cancellation Form

I, [client’s name and address to be inserted] hereby cancel my instructions to Paul Watling of Under the Gooseberry Bush for Family History Research as per the Client Services Agreement. I understand that I will be responsible for any work carried out up to the date of this cancellation form and agree to payment of any invoice raised by Paul Watling of Under the Gooseberry Bush sent to me under the usual payment terms.

Signed

Dated