The contract we work to

Terms and Conditions

Background

These Terms and Conditions are the standard terms for the sale of services via our website, Instagram, Facebook or direct enquiry by John Britton, trading as Told & Traced, a Sole Trader. Our full trader details, including our trading address, are set out in the copy of these Terms and Conditions provided to you at the point of contract.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, all of which will be made available to you by email and at toldandtraced.co.uk;

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message or other means.

2. Information About Us

2.1 John Britton, trading as Told & Traced, is a Sole Trader, contactable at hello@toldandtraced.co.uk. Our trading address is set out in the copy of these Terms and Conditions provided to you at the point of contract.

3. The Contract

3.1 These Terms and Conditions govern the sale of services by Us, via our website, Instagram, Facebook or direct enquiry, and will form the basis of the Contract between Us and you. Before submitting your Order, you will be sent the Pre-Contract Information in writing, and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.

3.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.

4. Orders

4.1 All Orders for Services made by you via our website, Instagram, Facebook or direct enquiry will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.

4.3 If your Order is changed We will inform you of any change to the Price when you contact Us, and will confirm the change in writing.

4.4 If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 10 and 11 for details of your cancellation rights.

4.5 We may cancel your Order at any time before We begin providing the Services in the following circumstances:

4.5.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or

4.5.2 An event outside of Our control continues for more than 30 days (please see Clause 9 for events outside of Our control).

4.6 If We cancel your Order under sub-Clause 4.5 and you have already made any payment to Us, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, you will be informed by email.

5. Price and Payment

5.1 The Price of the Services will be that shown on our website, toldandtraced.co.uk, or quoted to you directly, at the time of your Order.

5.2 If We offer a Special Price, the Special Price will be valid for the period stated when the offer is made or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your

Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.

5.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

5.4 We are not currently registered for VAT, so no VAT is added to the Price. If that changes, We will tell you before you place any further Order.

5.5 Pricing and payment structures (including due dates for payment) may vary according to the nature of the Services ordered.

5.6 We accept the following methods of payment:

5.6.1 Card payment, including Apple Pay, Klarna and Revolut Pay, via Our secure Stripe checkout.

5.7 We do not charge any additional fees for any of the payment methods listed in sub-Clause 5.6.

5.8 If you do not make any payment to Us by the due date shown on your Order Confirmation We may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

5.9 The provisions of sub-Clause 5.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

6. Providing the Services

6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the family history research sector, and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory cancellation rights.

6.2 The Services are provided as set out in your Order Confirmation. Target turnaround periods for each tier are set out in Schedule 2, Clause K (Turnaround).

6.3 We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 9 for events outside of Our control.

6.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as photographs, documents, family names and dates, and access to living relatives for interview where relevant.

6.5 If the information you provide under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.

6.6 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension by email).

6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by email before suspending or interrupting the Services.

6.8 If the Services are suspended under sub-Clause 6.6 or 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).

6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you by email. This does not affect Our right to charge you interest under sub-Clause 5.8.

7. Problems with the Services and Your Legal Rights

7.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible via hello@toldandtraced.co.uk.

7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 6.5 will apply and We may charge you for the remedial work.

7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.

8. Our Liability

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence

(including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

8.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office

9. Events Outside of Our Control (Force Majeure)

9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:

9.2.1 We will inform you as soon as is reasonably possible;

9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

9.2.4 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

10. Your Statutory Right to Cancel

10.1 As a consumer, you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub- Clause 3.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub- Clause 10.2 will not apply.

10.2 As noted in sub-Clause 6.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited

or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:

10.2.1 If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.

10.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.

10.3 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available as Schedule 1 to these Terms and Conditions and at toldandtraced.co.uk. Alternatively, please contact Us:

10.3.1 By email on hello@toldandtraced.co.uk.

10.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.

10.5 Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.

10.6 Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.

11. Cancellation After the Statutory Cancellation Period

11.1 Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services. There is no minimum contract duration for Our Services. The relevant cancellation provisions are set out in these Terms and Conditions, in Schedule 2, and in the Pre-Contract Information you are sent before you complete your Order.

11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available as Schedule 1 to these Terms and Conditions and at toldandtraced.co.uk. Alternatively, please contact Us:

11.2.1 By email on hello@toldandtraced.co.uk.

11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.

11.4 Eligibility for refunds may vary according to the Services ordered, and in some

cases you may be required to make a further payment on cancellation. The applicable terms are set out in Schedule 2 and in the Pre-Contract Information you are sent before you submit your Order.

11.5 Refunds under this Clause 11 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.

11.6 Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.

12. Communication and Contact Details

12.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at hello@toldandtraced.co.uk.

12.2 For orders and payments please contact Us by email at hello@toldandtraced.co.uk.

13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2 If you have a complaint, please email hello@toldandtraced.co.uk. We aim to acknowledge every complaint within 2 Business Days and to resolve it as quickly as We reasonably can.

13.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us by email at hello@toldandtraced.co.uk.

14. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Notice, available at toldandtraced.co.uk.

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.

The remainder of these Terms and Conditions shall be valid and enforceable.

15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Northern Ireland.

16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

SCHEDULE 1 — NOTICE OF CANCELLATION FORM

Complete and return this form only if you wish to withdraw from the Contract. This form is provided as required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — you do not have to use it; an email to hello@toldandtraced.co.uk is enough (see Clause 10 and Schedule 2, Clause A).

To: John Britton, trading as Told & Traced

Email: hello@toldandtraced.co.uk

I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service:

_____________________________________________________________

Ordered on*/received on*: _____________________________

Name of consumer(s): _________________________________

Address of consumer(s): _______________________________

_____________________________________________________________

Signature of consumer(s) (only if this form is given on paper): _______________________

Date: ___________________

*Delete as appropriate

SCHEDULE 2 — ADDITIONAL TERMS FOR TOLD & TRACED SERVICES

These additional clauses form part of the Contract and take precedence over the numbered Clauses above to the extent of any conflict.

A — Cancellation, and starting work early

Your right to cancel. You may cancel this contract within 14 days of entering into it, for any reason, without giving a reason and without penalty. The cancellation form at Schedule 1 may be used but is not required; an email to hello@toldandtraced.co.uk is enough.

If you want us to start sooner. If you would like us to begin work before that 14-day period ends, you must expressly ask us to, in writing. Where you do: (a) if you cancel before the work is complete, you remain liable for a proportionate amount reflecting the work already carried out, calculated against the total price; (b) if we complete the work in full within the 14- day period at your request, you will lose your right to cancel, and by making the request you acknowledge this.

B — The Subject, and approval

The Subject is the person whose life or family is the subject of the Deliverable, where that is not the Client.

Approval. The Subject — not the Client — approves the content of The Book, and of any recorded material used in any other Deliverable. Approval is given at the Draft Approval Stage: the point at which the full transcript and the complete written draft have been supplied to the Subject and they have confirmed, in writing, that it may proceed to layout and print.

Where the Client and the Subject disagree about content, the Subject decides. Where the Subject wishes something excluded, it is excluded, and we will not disclose to the Client what was excluded or that anything was.

C — If the Subject withdraws

If the Subject withdraws consent at or before the Draft Approval Stage, the project ends and the Client is refunded in full, less a proportionate amount for work already carried out.

If the Subject withdraws after the Draft Approval Stage, the project ends and no further sum is due, but sums already paid are not refunded.

In either case, the Subject's recordings and transcripts are delivered to the Subject, and to the Client if the Subject agrees, at no additional charge.

D — If the Subject dies or becomes unable to continue

Where the Subject dies, or becomes unable to continue, after recording has begun: (a) all audio recorded to date and full transcripts of it are delivered to the Client within 7 days, at no additional charge, and regardless of what remains unpaid; (b) the Client may then choose, within 90 days, either to receive the material as it stands, with a proportionate refund of the balance, or to have the book completed from the recordings made together with contributions from other family members, at the price originally agreed; (c) no cancellation charge, kill fee or administration fee applies in these circumstances.

E — Intellectual property

We retain copyright in the narrative text we write, the research notes, the citations, the page design and the templates.

You receive, on payment in full, a perpetual, worldwide, non-exclusive licence to use the Deliverable for personal and family purposes, including making and distributing further copies

to family members at your own cost, and depositing a copy with a family history society or archive.

You do not receive the right to publish the Deliverable commercially, to sell copies, or to license it to a third party. Those rights are available by separate written agreement.

The Subject retains all rights in their own spoken words and grants us a licence to transcribe, edit and reproduce them for the purposes of the Deliverable only.

Samples. We will ask, at delivery, whether we may use extracts or images from your Deliverable as a sample of our work. You are free to say no, and it does not affect anything and costs you nothing.

F — What research findings are, and are not

Family history research is the interpretation of incomplete and sometimes contradictory historical records. Every genealogical statement in your Deliverable carries a grade: A — supported by an original or authoritative record, cited; B — supported by good secondary evidence; C — supported by a single source, uncorroborated; D — inference, reasoned from the available evidence and identified as such.

We warrant that the research has been carried out with reasonable care and skill and that every claim is graded honestly against the sources available to us. We do not warrant that any given ancestral connection is factually correct, and the discovery of further records may change a conclusion. Where a question cannot be settled on the surviving record, we say so, and we say which record would settle it.

G — Distressing findings

Research sometimes discloses information a family did not know and may find distressing — including undisclosed adoption, misattributed parentage, illegitimacy, institutional records, or a cause of death not previously known.

Where we find such information, we will pause and tell you privately before writing anything down, and you decide whether it appears in the Deliverable. Nothing of this kind is put in writing without the express consent of any living person it concerns.

Where you and we cannot agree how to proceed, either of us may end the contract, and you will be refunded all sums paid less a proportionate amount for work carried out. Our full policy on distressing findings is available at toldandtraced.co.uk and on request.

H — Living third parties

Where the Deliverable names or describes a living person other than the Client or the Subject, you confirm that the account given is true to the best of your knowledge, and you agree to indemnify us against any claim arising from its publication.

We may decline to include any material which in our reasonable opinion risks defaming a living person or disclosing their private information without consent, and doing so is not a breach of this contract or a ground for refund.

I — Materials you supply

You confirm that you own, or have permission to use, every photograph, letter, document and recording you supply, and that you may authorise their reproduction. You agree to indemnify us against any claim to the contrary.

Original materials are returned by tracked post within 14 days of delivery. We recommend you send copies, not originals. Our liability for loss of or damage to original materials in our possession is limited to the cost of professional copying and, where relevant, tracked postage.

J — Revisions and scope

The price includes two rounds of revision at draft stage. A round of revision means one consolidated set of comments returned within 14 days.

Further revisions, and any change to the agreed scope after work has begun — additional ancestral lines, additional interviews, additional chapters, additional recipients — are charged at £45 per hour or by a written quotation agreed before the work is done.

The scope of your project is set out in the Order Confirmation and is what we have priced.

K — Turnaround

The following are target periods, which run from the later of the date we receive your payment and the date we receive everything we need from you — and, for The Book, from the date of the final recorded conversation: The Health-Check 2 weeks; The Story 6 weeks; The Book 8 weeks. Audio and a transcript of each conversation are sent within 7 days of that conversation regardless of the period above.

Most work is completed inside these periods. A family line that turns out to be complicated can take a little longer, and we will tell you as soon as we know. Where an archive, register office or record repository delays us, we will tell you promptly and give a revised date.

L — The booking fee

A booking fee is payable to reserve a place in the schedule — £75 for the Health-Check (which is the whole price), £75 for The Story, £100 for The Book — and is credited in full against the price of your project.

M — Costs paid on your behalf

Certificates from GRONI, PRONI or the General Register Office, archive copying charges, and printing are charged at cost, are listed in the Order Confirmation where known, and are not marked up. Where a certificate proves necessary mid-project we will ask before ordering it.

Sums already spent on your behalf before cancellation are payable in addition to any proportionate charge.

N — What we hold, and when we delete it

We keep your research file, recordings and transcripts for 7 years from delivery, so that we can answer questions and supply further copies. After that they are permanently deleted.

You may ask us at any time to delete them sooner, or to hand over the complete file, and we will do so within 30 days. Recordings of a Subject are, where the Subject is living, deleted at the Subject's request regardless of the Client's wishes.

O — Our right to decline

We take a limited number of projects at any one time. We may decline a commission, or end a contract before work begins, refunding all sums paid, where we judge that we cannot deliver it to the standard we promise or within the time we have offered.