By accessing this web site, you are agreeing to be bound by these web site Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
The materials on the Gilliam Burke Investigations (GBI) web site are provided “as is”. GBI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GBI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall GBI or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on GBI’s Internet site, even if GBI or a GBI authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on GBI’s web site could include technical, typographical, or photographic errors. GBI does not warrant that any of the materials on its web site are accurate, complete, or current. GBI may make changes to the materials contained on its web site at any time without notice. GBI does not, however, make any commitment to update the materials.
GBI has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GBI of the site. Use of any such linked web site is at the user’s own risk.
GBI may revise these terms of service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Service
Any claim relating to GBI’s web site shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions.
The following additional terms are agreed to and entered into by you (“the Client”) and Gilliam Burke Investigations (“GBI”) upon payment of our fee or retainer, as the case may be:
The Client acknowledges that by agreeing to provide the Services to the Client, GBI may be required to turn down future assignments or clients, and properly schedule other current assignments or clients in order to provide the Client with the Services. By law, GBI must keep all notes, reports, and evidence; and Client information, agreements, and contracts (the “Records”) for a minimum of 2 years. Furthermore, the Client acknowledges that GBI may be prohibited by a conflict of interest, or for other similar reasons, from ever taking assignments from the Subject or other parties related to this matter, even in matters unrelated to the Services described herein.
If the Client cancels or terminates the Services; or cancels, terminates or breaches this Agreement; or if GBI terminates this Agreement for reasons listed herein; GBI has the right to keep any and all of the unused portion of the retainer at the time of termination to compensate GBI for loss of future work, plus the time and/or expense incurred in maintaining and/or disposing of the Records.
In addition to the above, the Client will also be responsible for any additional fees and expenses in excess of the retainer at the time of termination, cancellation, or breach. The Client authorizes GBI to pay the same under the payment method chosen herein, and if none is in effect at the time of termination, by way of immediate payment by the Client.
GBI will endeavor to seek, but does not require, the Client’s explicit approval before exceeding the initial retainer amount; however, any estimate of fees given by GBI shall not be a guarantee and actual fees may vary from estimates given. Any outstanding balance will be invoiced and is payable by the Client upon receipt. Interest on overdue accounts will be charged and payable at the rate of 1.5% per month calculated monthly (effective annual rate of 19.56%) following 14 days after the invoice has been sent.
Time spent by GBI in providing the Services will be billed in 15-minute increments at an hourly rate per investigator, or at a flat rate, depending on the service provided. GBI may also bill for expenses paid on the Client’s behalf or incurred during investigation or to carry out or provide the Services. Mileage for travel outside Edmonton is billed at the current rate.
Billable time to the Client may include: taking instructions, reviewing documents, organization of the file materials, development of the work plan, other preparation or administrative tasks, telephone calls, emails, or text messages, including those with the with the Client, conducting inquiries/research/interviews, travel time, preparing notes and reports, and attending meetings, court, or hearings.
Expenses may include: Fees required to obtain information from sources, databases, and record retrieval, messenger and other delivery fees, postage, travel costs including parking, mileage, vehicle rental, meals and hotel costs, and venue admission.
Urgent requests for services or changes to services made with 2 business days or less notice from the time they are requested to begin may be billed at 1.5 times the hourly rate at GBI’s discretion.
CONDUCT OF CLIENT
Client agrees to be truthful with GBI regarding the reason(s) for using the Services; to assist GBI in providing necessary information and/or documents and will respond to reasonable requests in a timely manner; to keep GBI informed of any information or developments which may come to Client’s attention; to abide by this Agreement; to pay GBI’s bills on time; and to keep GBI advised of Client’s address, telephone number and whereabouts.
The Client agrees not to conduct their own investigation; nor to engage any other parties, with or without remuneration and whether or not such parties are licensed investigators, to conduct an investigation in relation to the matter described herein while GBI is under contract to provide the Services, without prior approval from GBI; nor to otherwise interfere with GBI’s ability to carry out the Services.
CLIENT’S USE OF THE SERVICES
Client agrees not to use the the Services or the information developed or uncovered by the use of the Services to commit or facilitate a criminal offense or tort; violate a court order including but not limited to an Emergency Protective Order or restraining order; or to harass, injure, or otherwise cause harm to a person or persons.
By signing this agreement, Client asserts that they are not in violation of any law, statute, or court order by using the Services.
CONDUCT OF GILLIAM BURKE INVESTIGATIONS
GBI will take all reasonable and lawful steps to carry out the Services described herein. GBI will act with honesty and integrity;
will maintain confidentiality subject to this Agreement; will comply with all Canadian federal, and provincial and municipal laws; and comply with the policies of the Security Services and Investigators Act in carrying out the Services. GBI reserves the right to be the exclusive sole provider of the Services for the duration of this Agreement; to conduct investigations in the manner GBI determines fit; and may subcontract part or all of the Services as deemed appropriate by GBI at the hourly rate listed herein.
GBI cannot and does not guarantee the outcome of any investigation or the final result of the Services. GBI makes no guarantee that the use of the Services will have any affect on the outcome of litigation. Any comments about the outcome of the Services are expressions of opinion only. The Client further understands and acknowledges that GBI offers no guarantee on the validity of information provided by public documents, outside vendors, or other sources, and that GBI cannot compel any witness or party to this investigation to speak to or comply with GBI’s requests for information.
FORM OF REPORT
Unless otherwise specified, GBI will provide the Client with a written report.
RELEASE OF INFORMATION TO CLIENT
GBI will provide, on request, updates on the progress of the investigation or Services, but will not provide the Client with all or part of the final report until the final balance is paid.
GBI may refuse to release to the Client any information uncovered or developed during the use of the Services or if, in GBI’s sole opinion, the information developed or uncovered by the use of the Services may be used to breach this Agreement, or its release does not serve, a legitimate purpose.
For locate investigations not related to litigation, or anticipated litigation, the permission of the located party will be sought before releasing contact information. If no permission is given, the Client consents to the release of their name, telephone number, and reason for locating to the located party.
Where a party is to be located for the purposes of pending, current, or ongoing litigation (including probate and heir locates), the party’s contact information will be released to the Client’s lawyer.
Where a party is to be located for solely for the purpose of service of process for pending, current, or ongoing litigation and the Client does not have a lawyer, service will be effected by GBI or, in GBI’s sole discretion, subcontracted by GBI to a third-party provider, at the hourly rate herein.
The above provisions related to locate investigations do not apply if the Clients is a lawyer or law firm, licensed investigation agency, corporation, or public body making lawful use of the Services or information developed or uncovered during the course of the Services
This agreement binds GBI and Client to confidentiality. GBI will only release information about the Services and its purpose stated herein, or information developed or uncovered during the course of the Services, to the Client and individuals specified by the Client; the Client’s lawyer; as required to provide the Services or conduct the investigation; as otherwise specified in this Agreement; or as required by law. In addition to this provision, GBI may be bound by solicitor-client and/or litigation privilege in relation to this Agreement.
The Client further agrees to not divulge case details to outside parties, with the exception of the Client’s lawyer or other parties reasonably required to make lawful use of the Services or information developed or uncovered during the course of the Services for the purpose stated herein. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
DISCLOSURE OF INFORMATION
The Client’s name and email address, along with a generic descriptor of the Services (e.g. “locate investigation” or “background investigation”) may be disclosed to third parties, including those in the United States of America, to process payment, issue invoices, or perform administrative tasks required to provide the Services. In the event the Client defaults on an outstanding balance, the Client’s name, address, phone number, email address, or other personal information may be used or disclosed to collect the outstanding balance.
In the event that GBI reasonably believes that use of the Services or the information developed or uncovered by the use of the Services may be used to commit or facilitate a criminal offense or tort; violate a court order including but not limited to an Emergency Protective Order or restraining order; or to harass, injure, or otherwise cause harm to a person or persons, GBI may disclose such information to third parties, including law enforcement, that is required to prevent such an offense, tort, violation, or harm.
In the event that the Client files a complaint against GBI per the Security Services And Investigators Act of Alberta, or files a claim or action against GBI in any court, tribunal, or hearing, the Client is deemed to have waived any and all rights to confidentiality and/or privilege respecting the Services to allow for GBI to answer such a complaint, claim, or action.
INSTRUCTIONS FROM LAWYER
In the case of any Services performed in connection with or anticipation of any legal action, Client agrees that GBI shall take instructions with regard to the Services from Client’s lawyer and shall work through such lawyer in performing all Services. In the event the Client is not represented by a lawyer, Client understands that GBI cannot and will not provide legal advice of any kind.
TERMINATION OF SERVICES
Either party has the right to terminate the services of GBI, with or without cause, at any time upon written notice.
After each party has signed this Agreement, GBI may terminate the Services without refund and without written or any further notice if:
1. the Client frustrates GBI’s attempts to provide the Services by not responding to or complying with reasonable requests such that the investigation could be compromised or presumed abandoned, or that GBI is otherwise unable to provide the Services; or,
2. after reasonable attempts to contact the Client regarding further instruction, GBI does not receive further instruction or contact from the Client for a period of 30 days such that the investigation could be compromised or presumed abandoned, or that GBI is otherwise unable to provide the Services; or,
3. GBI reasonably believes that use of the Services or the information developed or uncovered by the use of the Services may be used to commit or facilitate a criminal offense or tort; violate a court order including but not limited to an Emergency Protective Order or restraining order; or to harass, injure, or otherwise cause harm to a person or persons; or,
4. the Client files a complaint against GBI per the Security Services And Investigators Act of Alberta, or files a claim or action against GBI in any court, tribunal, or hearing; or,
5. the Client conducts their own investigation; or engages or continues to engage any other parties, with or without remuneration and whether or not such parties are licensed investigators, to conduct an investigation in relation to the matter described herein while GBI is under contract to provide the Services without prior approval from GBI; or interferes with GBI’s ability to carry out the Services or,
6. the Clients requests to hold off or delay the start of the Services, and does not request the start of Services within 14 days of signing this agreement; or,
7. if the retainer is exhausted, the Client does not remit an additional retainer within 14 days of the date of invoice by GBI; or,
8. the Client otherwise breaches the terms of this Agreement.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the Client agrees to indemnify and hold harmless GBI, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of GBI, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Copies of agreements entered into with you and copies of invoices and proofs of payment made and received in relation to the work provided; and all investigative notes and reports prepared by us and all photographs, video, audio or other electronic records produced or obtained by us during the course of an investigation will be kept in accordance with the regulations of the Security Services And Investigators Act of Alberta and other applicable legislation, subject to the terms of this Agreement, and may be subject to solicitor-client and/or litigation privilege.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Alberta, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
LIMITATION OF LIABILITY
In no event will Gilliam Burke Investigations be liable to the Client for any lost profits, lost savings or incidental, indirect, special, or consequential damages, arising out of the Client’s use or inability to use the services, or the breach of this agreement, even if advised of the possibility of such damages.