Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE

 is a site operated by Clever Digit Media Ltd (we or us), a company registered in England and Wales under company number 04381547 and with our registered office at New Hall, Market Place, Melksham, SN12 6EX.

Our VAT number is 811538154.

These terms (together with the other documents referred to in them) (Terms) tell you the terms and conditions on which you make use of our website (our or the site), whether as a guest or a registered member. Use of our site includes accessing, browsing and purchasing any of the services (Services) listed on our site.

We amend these Terms from time to time as set out in clause 2. Every time you wish to order services from us, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any contract between us, are only in the English language.

If you are unclear on anything then please click on the ‘contact us’ link at the foot of the page to contact us.

By using our site, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use this website.

We recommend that you print a copy of these Terms for future reference.


1 These Terms

1.1 These Terms refer to the following additional terms, which also apply to your use of our site:
1.1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By commissioning any researcher service you consent to such processing and you warrant that all data provided by you is accurate. 

2 Changes to these terms

2.1 Every time you order services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
2.2 We may revise these Terms as they apply to your order for Products or Services from time to time to reflect changes in relevant laws and regulatory requirements.

3 Eligibility

Our site is intended solely for users who are 18 years of age or older. Any use of or access to the site or registration as a member by anyone under 18, is unauthorised and in breach of these Terms. By using the site, you warrant that you are 18 or older.

4 Communications between us and you

4.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
4.2 If you would like to contact our Customer Services team, you can do so by e-mail at customercare@british-genealogy.com

5 Purchase of services
How the Contract for the purchase of services is formed between you and us.

5.1 Our pages will guide you through the steps you need to take to place a commission with us.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). The Contract between us will only be formed when we send you the Acknowledgement.

6 Providing the services

6.1 You can hire a researcher to find individual records for you, as set out on our site.
6.2 If, after an initial analysis, the researcher concludes that the research is unlikely to be successful you will be informed of this and no further charges (other than the deposit) will be payable.
6.3 You understand that researcher(s) do not work on a no find/no fee basis and that, provided full research work and considerations are undertaken, the full research fee is payable, regardless of whether results are successful or otherwise.
6.4 We will make every effort to complete Services within any time-frame given. However, there may be delays due to an event outside our control. 
6.5 Occasionally, we may need certain information from you that is necessary for us to provide the Services. We will not be liable for any delay or non-performance where you have not provided this information to us.
6.6 Typically research commissions have a time-frame of approximately 45 days from the point of order to being marked as completed and available to be downloaded by the customer.
6.7 In the event of a task being viable but not deliverable within the time-frame above the researcher may gain the agreement of the customer to extend this time-frame for completion.

7 How to pay

7.1 You can only pay for Services using a debit card or credit card. We accept the following cards: VISA, MasterCard, AMEX, we only accept online payments and any balance owing will be requested from the card used for the deposit when research is marked as completed.

7.2 An initial, non-refundable, deposit is payable and the remainder of the fee will be charged when the research has been completed.

8 Limitation of our liability

8.1 We do not, in any way, exclude or limit our liability for:
8.1.1 death or personal injury caused by our negligence;
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 any breach of the terms implied by relevant clauses in the Consumer Rights Act 2015;
8.1.4 defective products under the Consumer Protection Act 1987; or
8.1.5 any other liability that cannot be excluded or limited by English law.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
8.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
8.3.1 use of, or inability to use, our site;
8.4 Please note that we only provide our services for domestic and private use. You agree not to use these for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

9 Your right of return and refund
We will always work with customers in the unlikely event they are not happy with the services purchased and customers should contact us in the first instance to allow us to do this for them.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the ‘cooling off’ period.
This means that during the relevant period if you change your mind or decide for any other reason that you do not wish receive a Service, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 However, this cancellation right does not apply in the case of:
Access of digitally supplied services within the 14-day initial period: If you wish any research to commence within the first 14 days after the deposit is paid, then you expressly request that we begin the research commission before the end of the ‘cooling off’ period.
Your wishes to commence research within this period are assumed unless we hear from you within 48 hours of the deposit being paid.
You acknowledge that once we have begun to research services that you lose the right to cancel and we are not obligated to provide a refund from that point.
All researcher commissions are bespoke and commissioned on any individual basis.
9.3 Your legal right to cancel a Contract starts from the date of the Acknowledgement (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.

10 Cancelling your contract

10.1 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our customer support at customercare@british-genealogy.com . If you use this method, we will e-mail you to confirm we have received your cancellation.

10.2 You can also contact our Customer Services team by post
at New Hall, Market Place, Melksham, SN12 6EX. When contacting us please include details of your order to help us to identify it. If you send us your cancellation notice by post, then your cancellation is effective from the date you post the letter to us.

10.3 If you cancel your contract within 48 hours we will cancel the commission and only the deposit will be payable.

10.4 Dispute resolution
If you are at all dissatisfied with our products or services you agree to first try to resolve the dispute informally.

Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at ec.europa.eu/consumers/odr/.