Terms of Service

Acceptance of Terms

By accessing the GradeCrest Insurance Investigators website or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept these terms, you must not use our website or engage our services.

If you are accepting these terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

Our Services

GradeCrest Insurance Investigators provides professional investigative services including, but not limited to:

• Insurance claim investigation and fraud detection
• Asset tracing and recovery support
• Due diligence and background verification
• High Court process service
• Surveillance and evidence documentation
• Expert consultation and reporting

All services are provided in accordance with Kenyan law and the professional standards applicable to our industry.

Engagement Process

Engagement of GradeCrest follows a structured process:

• Initial enquiry — you contact us with details of your matter
• Scoping — we review your requirements, carry out conflict checks and define the scope of work
• Confirmation of action — upon acceptance of your instruction, we issue immediate confirmation of the action to be taken, the scope of work and the assigned lead investigator
• Execution — we carry out the engagement in accordance with our methodology
• Reporting — we deliver findings and supporting evidence

No engagement is binding until we have issued written confirmation of acceptance. Preliminary communications, proposals or correspondence do not constitute an engagement.

Fees & Quotation

Our fees are established on a case-by-case basis and reflect the scope, complexity, urgency and geographical reach of the matter.

Unless otherwise agreed in writing:

• Disbursements (travel, third-party search fees, process service fees, etc.) are charged at cost and listed separately
• Invoices are payable within fourteen (14) days of issuance
• All fees are stated exclusive of applicable taxes (VAT)

Confidentiality

GradeCrest treats all client information, engagement details and findings with absolute confidentiality. All staff, associates and sub-contractors engaged by GradeCrest are bound by written confidentiality obligations.

We will not disclose information relating to your engagement to any third party except:

• With your written consent
• As required by court order or applicable law
• To professional advisers under equivalent confidentiality obligations
• As necessary to fulfil the engagement itself

This confidentiality obligation survives the termination of any engagement.

Client Obligations

The effectiveness of our services depends on accurate, complete and timely information. By engaging GradeCrest, you agree to:

• Provide accurate and complete information relevant to the engagement
• Promptly disclose any change in circumstances that may affect the investigation
• Co-operate with reasonable requests for information, documents or instructions
• Warrant that you have the lawful authority to instruct the investigation
• Use our reports and findings only for the purpose stated in the engagement letter
• Pay our invoices in accordance with the agreed terms

Deliverables & Intellectual Property

Investigation reports, evidence bundles and other deliverables produced by GradeCrest are prepared exclusively for the instructing client and for the specific purpose of the engagement.

• Ownership — our reports and the intellectual property in our methodology, templates and systems remain the property of GradeCrest. Upon payment of our fees, the client is granted a non-exclusive licence to use the deliverables for the purpose of the engagement.
• Distribution — deliverables may not be distributed to third parties, reproduced, or used for any other purpose without our prior written consent.
• Reliance — only the instructing client may rely on our reports. We accept no liability to any third party who receives or reviews our reports without our written consent.

Limitation of Liability

GradeCrest carries out its work with reasonable care and skill. To the maximum extent permitted by law:

• Our total aggregate liability arising from or in connection with any engagement shall not exceed the fees paid by the client for that engagement
• We shall not be liable for indirect, consequential, special or punitive damages, including loss of profits, loss of business, or loss of reputation
• We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control (force majeure)
• Nothing in these terms excludes liability for fraud, gross negligence or any other liability which cannot be excluded by law

Termination

Either party may terminate an engagement upon written notice. Upon termination:

• Fees and disbursements incurred up to the date of termination remain payable
• Work product prepared prior to termination will be delivered to the client following settlement of outstanding fees
• Confidentiality obligations continue in force
• Either party's right to recover amounts owing prior to termination is preserved

GradeCrest reserves the right to decline, suspend or terminate any engagement where we reasonably believe continuing would compromise our professional obligations, create a conflict of interest or require unlawful action.

Website Use

This website is provided for general informational purposes. Content on this site does not constitute professional advice, and no engagement is created by visiting the site or submitting an enquiry.

• You may not use this site for any unlawful purpose or in any way that damages, disables or impairs it
• You may not attempt to gain unauthorised access to any part of this site or our systems
• All content on this site (including text, graphics, logos and software) is owned by GradeCrest or its licensors and is protected by copyright
• You may view and print pages for personal, non-commercial reference

Governing Law & Jurisdiction

These terms and any engagement governed by them shall be construed in accordance with the laws of the Republic of Kenya. The parties submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any dispute arising under or in connection with these terms, save that GradeCrest may seek injunctive or equitable relief in any competent jurisdiction to protect its rights.

Contact

For questions about these terms or to discuss an engagement: