Tracing Terms & Conditions (version 1.0)
Diem Legal (“we”, “us”) will collect and supply personal data solely for the purpose stated in your instruction and on the lawful basis of legitimate interests under the UK GDPR and Data Protection Act 2018. You (“the Client”) warrant that you have a valid, lawful reason to obtain this data and will use it only for that specific purpose (e.g. service of legal process, debt recovery, or witness location) and not for harassment, intimidation or any unlawful act. You agree to keep the information confidential, to implement appropriate security measures, and to erase or anonymise it once that purpose is fulfilled. We reserve the right to refuse or cease work if we suspect illegality or disproportionate intrusion into privacy, and we will maintain an audit trail in accordance with our Privacy Notice.
The Client shall indemnify and hold Diem Legal harmless against all losses, liabilities, costs, damages or penalties (including ICO fines and legal fees) arising from any breach of these Terms or misuse of the data supplied. Our total liability, whether in contract, tort or otherwise, is limited to the fee paid for the tracing service, and we exclude liability for indirect or consequential loss. Payment falls due only on a successful trace (as defined in the quotation). English law governs these Terms and the courts of England and Wales have exclusive jurisdiction. Acceptance of a quotation constitutes acceptance of these Tracing Terms & Conditions.
Accuracy & Currency of Trace Reports
Our tracing methodology delivers an accuracy rate of approximately 96 %, measured across all instructions completed in the past 12 months. ¹ Each report reflects the subject’s address and contact details as at the date on which the search is carried out. Diem Legal cannot accept liability where the subject vacates, sells, or otherwise leaves the property after that date, or where new data has not yet propagated to public or proprietary databases. We therefore recommend that you act on the information promptly and, where critical to proceedings, commission an updated trace if more than 30 days have elapsed.
¹ Figure based on our internal audit of successful personal‑service attempts following a positive trace result.
No Guarantee of Service or Outcome
A positive trace confirms a most‑probable residential or contact address. It does not guarantee that personal service can be effected at that address, nor that the subject will co‑operate with any legal process that follows. Diem Legal’s liability is limited to re‑performing the trace (or, at our discretion, refunding the fee) where the report is shown to be materially inaccurate at the date of supply. Consequential or indirect losses—such as court adjournment fees or solicitor costs—are expressly excluded.