Terms and Conditions

Terms & Conditions
Contents
1.    Contact Details
2.    Alternative Formats
3.    Confidentiality and Data Protection
4.    Formation of Contract
5.    Definitions
6.    Our Service
7.    Our Fees
8.    Quotations and Instructions
9.    Cancellation
10.    Our Obligations and Liabilities to You
11.    Your Obligations to Us
12.    Copyright and Permitted Use
13.    Other Matters

1.    Contact Details 
If you have any questions regarding the contents of this agreement we would be happy to help. You can contact us in the following ways:
•    By Email: info@caymaninheritancerefunds.org
•    By Telephone: +1-507-760-0212
•    By Post: CAYMAN INHERITANCE ASSET, Ground Floor, Government Administration Building. 133 Elgin Avenue Grand Cayman CAYMAN ISLANDS
Our Office hours are:
•    9.00am – 5.00pm Monday – Thursday
•    9.00am – 4pm Friday 
You can find out more about us and FAQ’s at https://caymaninheritancerefunds.org/frequently-asked-questions/ 

2.    Alternative Formats: 
Please contact us if you wish to receive these Terms and Conditions in an alternative format, for example, large print, or an audio tape.

3.    Confidentiality and Data Protection
We handle personal data in compliance with Data Protection laws. The names, addresses, and contact details of individuals located by us will be submitted to you as our client in confidence and must not be shared without permission. We will only use personal data to deliver our services and disclose it to third parties only where necessary or required by law. For more information on how we use and protect your information, please refer to our Privacy Policy available at: https://caymaninheritancerefunds.org/privacy.

4.    Formation of Contract
This document sets out the terms and conditions under which we will act as your service provider. 
These Terms and Conditions, along with any referenced documents, constitute the entire agreement between us (the "Contract"). Any changes to the Contract must be agreed in writing. You confirm that you have not relied on any statements, promises, representations, warranties, or assurances not included in the Contract.
The Contract between us is formed when we receive your instructions to begin a claim or research, regardless of how the instructions are given (e.g., by letter, email, or other method). We will confirm your instructions within 24 hours, during working hours (Monday to Friday). Alternatively, the Contract will be formed when you sign the "Fee Agreement” and “Letter of Instruction”
5.    Definitions
Under the agreement between us, the following words have the specific meanings:
•    Administrator means a person who is appointed to administer an Estate who is not named as an Executor in the Will
•    Data Protection Laws mean any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;
•    Estate Custodian means the personal representatives of the estate of a deceased individual including Executor, Administrator or next of kin
•    Executor means the organisation or individual appointed by a Will to administer the Estate of a deceased person.
•    Fee Agreement means the signed agreement, by you, setting out the fees for the service which we will provide
•    GDPR means the Cayman Island General Data Protection Regulation;
•    CAYMAN INHERITANCE ASSET means CAYMAN INHERITANCE ASSET Limited (trading as CAYMAN INHERITANCE ASSET) is a limited company registered in Cayman Island (company number 15594782). Our registered office is at Ground Floor, Government Administration Building. 133 Elgin Avenue Grand Cayman CAYMAN ISLANDS.
•    Letter of Instruction means the signed agreement, by you, agreeing to these terms and conditions
•    Probate is the common team for Grant of Representation or Confirmation in Scotland. These are the documents which provide proof of the legal authority required by the person who is responsible for dealing with the Estate.
•    Unclaimed Assets means any assets located by us which remain in the name of the original owner included in the records of an associated service provider.
•    we, our, us means CAYMAN INHERITANCE ASSET Ltd. References to “we, our, us” also include any company to which we may transfer our rights and obligations in accordance with Section 10. 
•    you, your, customer means: - the personal investor or corporate body who signs the application form; or - if more than one person signs, the joint holders jointly and individually; and/or - your personal representatives.

6.    Our Services
CAYMAN INHERITANCE ASSET undertake to locate Unclaimed Assets and reunite those assets, or the value arising from the sale of those assets to the Estate Custodian using access to publicly available death records and Probate information. We will contact the Estate Custodian to inform them that Unclaimed Assets exist. 
On Instruction we will support the Estate Custodian with claiming and disposing of the assets.  We will complete any required instruction and advise the Estate Custodian on the completion of any documents required to transfer legal title.  If further information is required during the administration process we will contact the Estate Custodian to obtain the information required. 
On disposal of the assets funds will be paid to a designated bank account of the Estate Custodian for distribution to the estate. Once funds are paid to the Estate Custodian distribution is the responsibility of the Estate Custodian and CAYMAN INHERITANCE ASSET will not be responsible or liable for any incorrect distribution or Tax obligations arising from the receipt of such funds. 
If we have contacted you as the executor of an estate with unclaimed assets, full details of the asset will be provided upon receipt of a signed Letter of Instruction and Fee Agreement
If further research is required to support the distribution of assets, where agreed we will provide these services. 
7.    Our Fees
Where unclaimed assets are identified and a Fee Agreement is signed, CAYMAN INHERITANCE ASSET is entitled to a fee based on the agreed percentage of the recovered funds, plus VAT and disbursements.
CAYMAN INHERITANCE ASSET shall receive a fee equivalent to 15% plus VAT of the gross funds recovered.
If the claim value is less than £3,000, a fixed fee of £300 plus VAT and disbursements will apply.
CAYMAN INHERITANCE ASSET is authorised to deduct the agreed fee from the total funds recovered once payable to the claimant. All fees are exclusive of VAT unless stated otherwise.
If you fail to make a payment under the Contract by the due date, then you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 2% a year above the NatWest’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.    Quotations & Instructions
Our quotations for research are free of charge and carry no obligation. We do not track time spent on quotations, nor do we offset time or expenses against any agreed fee.
Once terms are agreed, we will confirm them via email. If unclaimed assets are identified, we will inform you of our fees to recover the asset on your behalf. You are under no obligation to proceed, but full details of the identified holding will be kept until a signed Fee Agreement and Letter of Instruction are received.
In cases involving unclaimed assets, we can only proceed when a signed instruction from all named executors of the estate has been received. Any recovered funds will be distributed to the nominated executors or beneficiaries in line with the Administration of Estates Act 1925.
9.    Cancellation
From the date of a signed Letter of Instruction and Fee agreement forming the “Contract” a 14-day cooling-off period will apply. You may cancel your agreement with us within 14 days or prior to us disclosing the specific details of the asset to you, whichever is the soonest.  Your statutory rights are not affected. If the “Contract” is cancelled after 14 days and the asset is claimed by another party, CAYMAN INHERITANCE ASSET will be entitled to its agreed fee as per the Fee Agreement.
10.    Our Obligations and Liabilities to You
We will carry out our services with reasonable care and skill and in line with industry standards. However, we do not guarantee that our research will be error-free or complete.
Our research is based on the information you provide and data from public records. We are not responsible for errors in our findings due to inaccurate information or for any resulting claims or damages.
We will strive to complete a claim or research as efficiently as possible. We will not be liable for delays or failure to perform caused by factors outside our control.
When unclaimed assets are being realised, we endeavour to do so as efficiently as possible but will be restricted by capacity of relevant Financial Institutions.  
In accepting these Terms and Conditions you agree that we may transfer our obligations under this agreement to any other company, if that other company writes to you and undertakes to carry out all our duties and obligations under this agreement. If it does so, you agree that we will be released from all those duties and obligations that such company has undertaken to carry out. We shall satisfy ourselves that any such company is competent to carry out those functions and duties transferred.
We reserve the right to delay acting on any particular instruction you give to us, in order that we can: 
•    get additional information from you; 
•    comply with any law or regulations; and/or 
•    investigate the validity or any other aspect of the instruction. We will not be responsible for any financial loss resulting from such a delay
Our maximum liability to you is limited to the amount of fees paid under the Contract.
11.    Your Obligations to Us
You confirm that you have the authority to instruct us and agree to pay our fees. You must provide accurate and complete information for our research and inform us promptly of any new or relevant details.
You agree not to conduct further research into the estate once you have instructed us, and you will inform us immediately if you become aware of any additional beneficiaries or research conducted after our instruction.
You are responsible for paying our fees on time as outlined in the Contract.
You agree that any requested information or signed documentation will be sent back to us in a timely manner to ensure an efficient conclusion of estate affairs. 
12.    Copyright and Permitted Use
CAYMAN INHERITANCE ASSET retains copyright ownership over any original work or reports we provide. You may only use these materials as outlined in the agreement.
Unless otherwise agreed, our reports, correspondence, and supporting documents are for the personal use of the Estate Custodian only. You may share copies of reports and family trees with relevant parties such as administrators, executors, solicitors, or insurance companies, but not with other genealogy or research firms or unrelated third parties. If in doubt, please ask for our permission to share or copy materials.
13.    Other Matters
No variation of the Contract will be valid unless in writing and signed by both parties. If any part of the Contract is found to be invalid, the remainder will still apply.
The Contract does not grant any rights to third parties under the Contracts (Rights of Third Parties) Act 1999.
The Contract is governed by English law, and any disputes will be settled by the English courts.