Terms of Engagement

These Terms of Engagement (“Terms”) govern the provision of services by [LEGAL ENTITY NAME], trading as Presidium, a company registered in England and Wales (company number [NUMBER], registered office [ADDRESS]) (“Presidium”, “we”, “us”), to the client named in the accompanying Engagement Letter (“you”, “the Client”). Together, these Terms and the Engagement Letter form the contract between us (“the Agreement”). If the Engagement Letter conflicts with these Terms, the Engagement Letter prevails.

• “Engagement Letter” — the letter or order form we issue describing the Services, Fees and any special terms for your engagement.
• “Services” — the services described in the Engagement Letter, being one or more of the Exposure Audit, the Removal Project and Private Protection, as described in Clause 3.
• “Exposure” — instances of your personal data appearing on data broker sites, people-search sites, search engine results, public registers, breach datasets or other publicly accessible sources.
• “Third-Party Sources” — the operators of the websites, databases, registers and services holding Exposure, over which we have no ownership or control.
• “Deliverables” — reports, exposure maps, evidence records and summaries we provide to you.
• “Fees” — the charges set out in the Engagement Letter.

2.1 The Agreement begins on the date you sign or otherwise accept the Engagement Letter and continues until the Services are completed or the Agreement is terminated under Clause 11.

2.2 We will perform the Services with reasonable skill and care, in accordance with the Consumer Rights Act 2015 where you are a consumer, and within any timescales indicated in the Engagement Letter, which are estimates given in good faith.

2.3 You appoint us as your agent for the limited purpose of submitting removal, suppression, objection, erasure and opt-out requests to Third-Party Sources on your behalf, and you agree to sign a letter of authority where a Third-Party Source requires one.

3.1 Exposure Audit. A fixed-scope investigation mapping where your personal data is publicly exposed, delivered as a confidential written report with a private walkthrough. Where offered as complimentary, no Fees apply to the Audit and no obligation to proceed further arises.

3.2 Removal Project. Execution of removal and suppression requests in respect of the Exposure identified in your Audit (or an agreed scope), including submissions to data brokers and people-search sites, requests to search engines, applications through official channels in respect of public registers where lawfully available, and appropriate action regarding identified breach appearances. On completion we provide documented before-and-after evidence of the outcome of each item.

3.3 Private Protection. An ongoing retainer comprising continuous monitoring for new or reappearing Exposure, removal or suppression of Exposure detected during the retainer, and periodic private reporting, for the term and at the frequency stated in the Engagement Letter.

3.4 Anything not expressly included in the Engagement Letter is out of scope, including (without limitation): removal of content from private databases not publicly accessible; defamation, reputation-management or content-takedown disputes requiring legal proceedings; credit file corrections; and cybersecurity services. We may quote separately for additional scope.

4.1 We warrant that we will pursue every in-scope item diligently, using appropriate legal mechanisms (including rights under the UK GDPR and Data Protection Act 2018), and that everything we report as removed will be evidenced.

4.2 You acknowledge that Third-Party Sources are outside our control. Some operators are located in jurisdictions with weak privacy laws, ignore requests, impose their own verification requirements, or lawfully decline removal (for example, statutory registers with limited suppression rights). Accordingly, while our obligations to perform the work are firm, we do not and cannot guarantee that every item of Exposure will be removed, that removed data will never reappear, or that no Exposure exists beyond what our investigation identifies. Where an item cannot be removed, we will tell you, explain why, and set out any remaining options.

4.3 Nothing in this Clause limits your statutory rights, including your right under the Consumer Rights Act 2015 to services performed with reasonable skill and care.

You agree to: (a) provide accurate and complete information reasonably required for the Services, and promptly update us if it changes; (b) complete identity verification when asked — we cannot lawfully submit requests on behalf of a person whose identity we have not verified; (c) sign letters of authority reasonably required by Third-Party Sources; (d) only instruct us in respect of your own personal data or that of household members from whom you confirm you have authority; and (e) not use the Services for any unlawful purpose, including evading legitimate legal process, creditors or law enforcement. We may suspend or terminate the Agreement immediately if we reasonably believe (d) or (e) is breached, and Fees for work already performed remain payable.

6.1 Fees are as stated in the Engagement Letter. Unless stated otherwise: Removal Project fees are payable [50% on instruction, 50% on delivery of the completion report]; Private Protection fees are payable monthly in advance by direct debit or standing order.

6.2 Fees are [inclusive/exclusive] of VAT [as applicable]. Invoices are payable within 14 days. We may charge statutory interest on late payment and suspend the Services until overdue sums are paid.

6.3 Fees quoted are based on the scope in the Engagement Letter. If your Exposure proves materially greater than the Audit indicated, we will inform you and agree any revised scope and Fees in writing before proceeding — we will never expand scope or Fees unilaterally.

7.1 If you are a consumer and the Agreement was concluded at a distance or off-premises, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of the date the Agreement is formed, without giving a reason, by informing us in writing (a model cancellation form is annexed to the Engagement Letter).

7.2 If you ask us in writing to begin the Services within the 14-day period and later cancel within it, you must pay for the Services performed up to cancellation, in proportion to the total price. If the Services are fully performed within the period at your express request and with your acknowledgement that you lose the right to cancel on full performance, the right to cancel is lost.

7.3 These rights are in addition to, and do not affect, your other statutory rights.

8.1 We will keep confidential the fact of your engagement, your identity as a client, all information you provide, and all Deliverables, and will not disclose any of them to any person except: (a) to Third-Party Sources strictly to the extent necessary to perform the Services; (b) to our professional advisers and processors under equivalent duties of confidence; (c) with your prior written consent; or (d) where required by law, regulation or court order — in which case, where lawful, we will notify you before disclosing.

8.2 This obligation is indefinite and survives termination of the Agreement.

8.3 We will never use your engagement as a reference, case study or marketing material, in identifiable or anonymised form, without your prior written consent.

8.4 Where a separate non-disclosure agreement is signed between us, it applies in addition to this Clause, and the stricter provision prevails.

9.1 Each party will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018.

9.2 We act as data controller in respect of the personal data we process to deliver the Services, as described in our Privacy Policy ([URL]), which forms part of this Agreement. Nothing in the Privacy Policy reduces our obligations under Clause 8.

9.3 You may exercise your rights (including access and erasure) as described in the Privacy Policy at any time.

10.1 Nothing in this Agreement excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of your statutory rights as a consumer; or any other liability that cannot lawfully be excluded or limited.

10.2 Subject to Clause 10.1, our total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of (a) the total Fees paid or payable by you under the Agreement in the 12 months preceding the claim and (b) £[10,000].

10.3 Subject to Clause 10.1, we are not liable for: (a) the acts, omissions, delays or decisions of Third-Party Sources; (b) Exposure arising from data breaches, publications or disclosures occurring after the relevant Services were performed, except where covered by an active Private Protection retainer; (c) loss you suffer because information you gave us was inaccurate or incomplete; or (d) if you are a business client, loss of profits, loss of business or indirect or consequential loss.

10.4 We maintain professional indemnity insurance of not less than £[AMOUNT]; details are available on request.

11.1 Either party may terminate the Agreement immediately by written notice if the other commits a material breach not remedied within 14 days of written notice, or becomes insolvent.

11.2 Private Protection continues for the initial term stated in the Engagement Letter and then rolls monthly; after the initial term either party may terminate on 30 days’ written notice. There are no exit fees.

11.3 You may terminate a Removal Project at any time on written notice; you will pay for work performed to the date of termination, calculated in proportion to the total Fees, and any advance payment beyond that will be refunded within 14 days.

11.4 On termination we will: complete or withdraw pending third-party requests as you direct; deliver all completed Deliverables; and handle retained data in accordance with the Privacy Policy. Clauses 8, 9, 10, 13 and 14 survive termination.

Neither party is liable for delay or failure caused by events beyond its reasonable control, provided the affected party notifies the other promptly and uses reasonable efforts to mitigate. This clause does not excuse payment of sums already due.

13.1 Entire agreement. The Agreement is the entire agreement between us relating to its subject matter and supersedes prior discussions. Nothing in this clause excludes liability for fraudulent misrepresentation.

13.2 Variation. Changes to the Agreement are effective only if agreed in writing by both parties.

13.3 Assignment. Neither party may assign the Agreement without the other’s written consent, except that we may assign to a successor of our business, provided your rights are unaffected and confidentiality obligations are preserved.

13.4 Severance. If any provision is found unlawful or unenforceable, it is severed to the minimum extent necessary and the remainder continues in force.

13.5 No waiver. Failure to enforce a right is not a waiver of it.

13.6 Third parties. No person other than the parties has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the Agreement.

13.7 Notices. Notices must be in writing to the addresses in the Engagement Letter, by post or email, and are deemed received two business days after posting or on transmission of email (if no bounce is received).

The Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts, and nothing deprives you of mandatory consumer protections of your country of residence.

Complaints. If you are unhappy with our service, contact [EMAIL]; we will acknowledge within 2 business days and respond substantively within 14 days.

[LEGAL ENTITY NAME] trading as Presidium · Company no. [NUMBER] · Registered office: [ADDRESS] · ICO registration [ZA000000]