Terms & Conditions
Supply of Service
All work carried out by QED Limited (QED) for the client is subject to these Terms and Conditions, except to the extent otherwise expressly agreed in writing in which case those terms shall prevail over these Terms and Conditions.
QED will endeavour to identify conflicts of interest at the time of engagement by the client and will cease from acting in the engagement should a conflict of interest exist or found to exist at a later time.
Prior to agreeing to undertake any analysis, QED will undertake an initial assessment of any texts free of charge and will provide an opinion on whether they are: 1) suitable for analysis according to the requirements of the client, and 2) an estimate of the time and approximate cost. Should the texts not be suitable for analysis, QED will advise the client and immediately destroy the texts unless instructed otherwise in writing by the client. Any estimates of fees is given in good faith but are not contractually binding unless otherwise specified, and fees may be higher or lower than the estimates given.
The client will, at its own expense, supply QED with all necessary texts and all necessary comparison material and other information relating to the service within sufficient time to enable QED to provide analysis in accordance with the agreement between the client and QED.
The nature of linguistic analysis makes it difficult to estimate precisely how long texts may take to analyse. QED recognises that most cases are considered urgent and will endeavour to deal with them quickly and efficiently as possible. However, analyses may take longer than anticipated and QED will not compromise the quality of its analyses to meet agreed deadlines. As soon as it becomes evident to QED that an agreed deadline cannot be met, QED will inform the client accordingly and agree a new deadline. QED will have no liability to the client for any loss, damage, expenses, or claims for compensation arising from any delay to the completion of agreed services by QED.
Unless the client requests a formal written Expert Report, QED reports are to be used on an Advise Only basis, and are not For Service.
QED may not express any opinions regarding the guilt or innocence of any individual or party. Any opinions provided by QED are subject to the limitations described below:
Linguistic fingerprinting does not exist. Consequently, QED cannot attribute authorship to any individual. QED may only express an opinion as to the degree of similarity or non-similarity between the linguistic style found in the questioned texts and the sample texts with which they are compared using a 'Scale of Conclusions'. This Scale of Conclusions will be provided to the client before analysis.
While QED may make inferences as to a linguistic persona based on linguistic features identified in texts, conclusions may be correct or incorrect, or correct to within a certain degree of accuracy. Inferences are provided for general guidance only.
QED is unable to confirm that deception exists or does not exist in any written text. QED may only express an opinion as to the presence or absence of deceptive linguistic strategies in a text on the basis of the linguistic features identified.
QED will not undertake analysis for the sole purpose of discrediting another Expert Report. Any request to challenge the conclusions of a pre-existing report will require the full analysis of the texts that are the subject of that report.
Any attempt by a client to influence the conclusions of a QED analysis will result in the immediate termination of the contract by QED without any liability for any loss, damage, expenses, or claims for compensation by the client.
Rights of Material and Reports
The property and any copyright or other intellectual property rights in any material provided by the client to QED will belong to the client. The client is responsible for ensuring that that they are legally entitled to obtain and use any material provided to QED.
Unless otherwise agreed in writing between the client and QED, any reports or information contained in communication issued by QED will belong to QED, subject only to the right of the client to use the information for the purposes of utilising QED’s services. The client agrees to indemnify QED against all claims, losses and damages suffered by QED as a result of any material provided to QED which the client did not lawfully obtain or possess.
QED charges are normally based on hourly rate. In suitable cases, QED will quote on a project basis. Subject to any special terms agreed, the client will pay the costs which are agreed between QED and the client for the provision of services, which in QED’s sole discretion, is required as a result of the client’s instructions or lack of instructions, or any other cause attributable to the client. QED will be entitled to invoice the client following the end of each month in which the services are provided, or at other times agreed with the client. The client will pay QED’s charges, other costs and expenses, and any additional sums payable within 30 days of the date of QED’s invoice.