Introduction to Business Terms and Compliance

  

  

David Crawford is the principal investigator at Crawford Investigations. He has been a member of The Association of British Investigators (A.B.I.) since April 1995 and adheres to their business and compliance terms of reference.

  

The following documents have been produced by the A.B.I. and form the business and compliance terms of reference in relation to work carried out by Crawford Investigations.

  

Please find enclosed our policy statements in relation to Terms of Business, Criminal Conviction certificate, Data Protection legislation and Code of Ethics and Professional standards as follows:

  

  

TERMS OF BUSINESS

  

 

For the provision of investigative and litigation support services by a member of The Association of British Investigators.

  

These terms of business set out the basis on which we shall conduct all matters undertaken for you and shall be read in accordance with any covering communication. Any differences arising in respect of individual matters shall be

notified to you in writing.

  

Costs

The cost of our services shall be indicative of the type of work undertaken and it is normal procedure for us to provide a quotation in each instance. If there are any changes in your instructions or in the circumstances of the matter at any time these shall be reflected, as we deem fit, in an amended quotation which shall be provided to you at the earliest opportunity. In the event that we are unable to provide a quotation we shall keep you informed of the work in progress on a periodic basis or upon your request.

  

Where it is necessary to instruct a third party on your behalf, including but not
limited to external investigators, to assist with your matter we shall do so as your
agent and you shall be responsible for payment of their fee.

  

Payment on Account

From time to time we may ask you to let us have monies generally on account for initial fees and disbursements and settlement of third parties' fees. Any request for any such monies shall not be an estimate or cap on any fee and unless payment was made for a specified purpose, may be used to meet our fees when
invoiced to you.

  

Billing

We prefer to bill at the conclusion of a matter however we reserve the right to render interim invoices to you during the course of the matter. If in the event you have any particular billing requirements please advise us prior to us commencing work.

  

Payment of Invoices

Our bills are payable upon receipt and we reserve the right to charge interest and other charges under the Late Payment of Commercial Debts (Interest) Act 1998.

  

Complaints

We hope that you will have no reason to complain about the services we provide to you. However in the event that you are not satisfied please direct your complaint to us in the first instance. All complaints made to us will be handled in an efficient manner and we will strive to solve them quickly. In the event that you remain dissatisfied then you are at liberty to resort to the Disciplinary procedures available against the individual member through the Association of British Investigators, www.TheABl.org.uk that in the first instance will independently 
adjudicate on whether any of its byelaws have been breached.

  

For the purpose of law enforcement and/or fraud awareness/prevention or enforcement agreed that personal and/or commercial data acquired by us in the course of your lnvestigation be shared at our discretion. We reserve the right before we commence any actions or activities on your behalf to conduct due diligence on the client and instructions. This may require that you provide proof of your identity prior to undertaking your instructions.

  

Communication

We shall communicate with such of your officers, staff and other advisers as appears to us to be appropriate. If however you have any specific security requirements relating to the communication of information to you or your
company (as the case may be) then please let us know.

  

Termination

We reserve the right to terminate the provision of our services to you by providing two weeks written notice delivered to your address or email. You may also terminate your instructions to us on any matter at any time by providing us with written notification. Notwithstanding any termination by either of us you agree to pay any outstanding fees and costs incurred up to the date of termination or the fixed fee agreed.

  

Documentation

If at the end of each matter you wish us to return or forward to you or others or deposit in safe custody any documentation, which we have acquired from you or on your behalf in respect of such matter, please provide written instructions of the same. In the event that we receive no instructions we shall retain such documentation on our files for a period at our discretion not exceeding 12 months.

  

Variation of Terms

We reserve the right to amend or supplement any terms herein contained generally or specific to any matter by providing notice in writing.

  

Governing Law

These terms of business are governed by and shall be construed in accordance with the laws of the jurisdiction applicable to our head office and you agree to submit to the exclusive jurisdiction of the Courts therein.

  

Liability

The services we provide you, which shall include any information or advice given to you, is based solely on the information you have given to us and does not constitute advice to any third party to whom you may communicate it.

  

Rights of Third Parties

Our duties are owed only to the individual/company whose instructions we are acting upon and We disclaim any liability to any other person. Unless specifically agreed in writing by us in advance, you agree that you will not be acting for another person/company.

  

The terms on which we are acting on your matters (contained herein or otherwise) are intended to be enforceable solely by the instructing party and us.

  

We do not accept any liability for services or information provided by any third parties instructed by us on your behalf in respect of your matters.

  

Confidentiality

We will treat as confidential all information concerning your business affairs received as a result of your instructions and not to disclose the information to any third party save to those persons whom we deem necessary to inform unless such information (a) is or becomes generally available to the public or (b) is required to be disclosed in any jurisdiction by any law.

  

We reserve the right to require you to enter into a separate confidentiality agreement should we deem it necessary.

  

We reserve the right to act on behalf of other individuals/companies who operate in your area or related area subject to our obligations of confidentiality referred to above.

  

Compliance

For the avoidance of doubt the instructions are accepted on the basis that our services are conducted under the direction of the client and as such we are deemed the Data Processor and the client, and/or the principal is deemed Data Controller. The handling of personal data will be in accordance with your instructions and direction and in accordance with the model Data Protection Policy published by The Association of British Investigators. www.TheABl.org.uk. Notwithstanding this relationship and without prejudice thereto, this agency is duly
no
tified as Data Controller with the Information Commissioner's Office for the purpose of your instructions. However, any subject access requests received will be dealt with by you or under your instructions and within the provisions of the governing Data Protection regulations.

  

  

All instructions are carried out with due consideration given to the provisions and requirements of The Bribery Act 2010 and accordingly no part of the instructions will be conducted in breach thereof.

  

In the execution of our instructions and investigative or surveillance activities or litigation support services we may adopt certain skilled methodology and/or utilize electronic devices, which may capture personal data. Such activities, services and use of equipment will be carried out within such Guidelines and Good Practice 

Policies published by The Association of British Investigators, www.TheABl.org.uk

  

We are affiliated to The Association of British Investigators and the members are subject to that professional body's Code of Ethics and Professional Standards, www.TheABl.org.uk

  

In accordance with the terms of the Modem Slavery Act 2015 and notwithstanding any exemption thereto this agency meets the responsibilities to ensure all staff, internal, external or contracted and its supply chain workers are
not the victims of modem slavery or human trafficking. The safeguards against modern slavery or human trafficking are carried out in our due diligence procedures.

  

Training & Continuing Professional Development

We are affiliated to The Association of British Investigators and the members are subject to that professional body's programme of training and continuing professional development www.TheABl.org.uk

  

  

CODE OF ETHICS and PROFESSIONAL STANDARDS POLICY STATEMENT

  

  

ABI

Association of British Investigators
Upholding Professional Values

  

This code, comprising of Ten Principles, is sponsored by the Governing Council of the Association of British
Investigators (ABI). It is a reflection of the way in which all members of The Association should conduct their
business according to rigorous ethical, fair, professional and legal standards.

It flows from our determination to:

  • Be fair
  • Be transparent
  • Be accountable
  • Be honest
  • Be cautious
  • Be thorough
  • Be law abiding
  • Be mindful of the confidentiality of that with which we are entrusted
  • Protect and enhance the reputation of this Association and its members.

Principle 1- Responsibility and Accountability

All members of The Association of British Investigators are personally responsible and accountable for their
actions or omissions, as are their employees and other persons paid to assist an investigation. It must be
ensured that the latter adhere to this Code of Ethics and Professional Standards.

Principle 2 - Honesty and Integrity

All members of The Association of British Investigators are to act with honesty, integrity and must not
compromise their position, that of this Association or any of their clients.

Principle 3 - Caution and Thoroughness

All members of The Association of British Investigators are to verify the credentials of clients to ensure that
they have lawful and moral reasons to request an investigation.

Principle 4 - Conflict of Interest

All members of The Association of British Investigators having a personal or conflicting interest in any matter in
which they are involved shall disclose that interest, if it is in conflict with the interests of their clients.

Principle 5 - Acting within the Law

All members of The Association of British Investigators are to obey the law and refrain from carrying out any
act that they know, or ought to know, is unlawful, or contrary to The Associations policy.

Principle 6 - Authority, Respect and Courtesy

No member of The Association of British Investigators is to abuse their position and must respect the rights of
all individuals.

All members of The Association of British Investigators are to act with self-control and tolerance, treating
everyone with whom they come into contact, during the course of their activities, with respect, fairness and
courtesy.

Principle 7 - Equality

All members of The Association of British Investigators are to act with fairness and impartiality. They will not
discriminate unlawfully on the grounds of sex, race, colour, language, religion or belief, political or other
opinion, national or social origin, association with a national minority, disability, age, sexual orientation,
property, birth or other status.

Principle 8 - Confidentiality

All members of The Association of British Investigators are to treat information with which they are entrusted
during the course of business with respect and access or disclose it only for the purposes for which it is
intended; attending to all instructions within the principles of the prevailing privacy legislation and in
particular if controlling personal data to be so notified with the Information Commissioner.

Principle 9 - General Conduct

All members of The Association of British Investigators are to act in a professional manner.

They must not behave in a manner which brings, or is likely to bring, discredit upon The Association or any of
their clients, or act in a way that undermines or is likely to undermine confidence in the Association or that of
any of their clients.

Principle 10 - Challenging and Reporting Improper Conduct

All members of the Association of British Investigators are expected to challenge and when appropriate take
action or report breaches of this code and the improper conduct of colleagues.

Disciplinary Procedure

The Association of British Investigators operates a disciplinary procedure. If you have a complaint against a
member of the Association contact the Secretariat:

Mr Tony Imossi

Association of British Investigators
The Brentano Suite

Catalyst House

Centennial Park

Elstree

WD63SY

Telephone: +44 (0) 208191 7500
Email: Secretariat@theABl.org.uk

  

  

POLICY STATEMENT CRIMINAL CONVICTION CERTIFICATE

  

  

The Association of British Investigators, in its continuing pursuit ensuring its members achieve the highest
available standards and are seen as such by those who would seek to use their services, has taken the decisive
step of requiring that all active members in the private sector hold a current (not older than 3 years) Criminal
Conviction Certificate clear of criminal activity outside a tolerable level.

  

This requirement, introduced from membership renewals on 01 January 2010, has been implemented as a
condition of membership with the following Bye-law: -

  

3(/} Every Full; Life; Associate; Trainee and Affiliate member shall hold a Criminal Conviction Certificate at
t
he minimum Basic Disclosure level not older than three years, which is to be produced at each membership
s
ubscription renewal. (Basic Disclosure meaning a "Criminal Conviction Certificate" as termed in Part Vof
The Police Ac
t 1997).

  

David Crawford remains a full member of the A.B.I. and holds a clean Criminal Conviction Certificate.   

  

  

DATA PROTECTION POLICY STATEMENT

  

  

Crawford Investigations work within the Data Protection principles as follows:

  

SCHEDULE 1 to the Data Protection Act lists the data protection principles in the following terms:

  1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless –
    (a) at least one of the conditions in Schedule 2 is met, and
    (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  4. Personal data shall be accurate and, where necessary, kept up to date.
  5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
  7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

SCHEDULE 2

  

Conditions relevant for purposes of the first principle: processing of any personal data

 

1The data subject has given his consent to the processing.

2The processing is necessary—

(a)for the performance of a contract to which the data subject is a party, or

(b)for the taking of steps at the request of the data subject with a view to entering into a contract.

3The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4The processing is necessary in order to protect the vital interests of the data subject.

5The processing is necessary—

(a)for the administration of justice,

(aa)for the exercise of any functions of either House of Parliament,]

(b)for the exercise of any functions conferred on any person by or under any enactment,

(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d)for the exercise of any other functions of a public nature exercised in the public interest by any person.

  

SCHEDULE 3

  

Conditions relevant for purposes of the first principle: processing of sensitive personal data

1The data subject has given his explicit consent to the processing of the personal data.

2(1)The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment.

(2)The Secretary of State] may by order—

(a)exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b)provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.