These are the terms and conditions (“Archive Services Terms and Conditions”) on which you agree to purchase archive services in respect of records held in or relating to Belarus or other agreed territories (“Archive Services”) from The Together Plan Limited (“The Together Plan”, “we”, “our” or “us”). These Archive Services Terms and Conditions tell you who we are, how Archive Services will be provided to you, what to do if there is a problem and other important information.

By placing an enquiry on our website (https://thetogetherplan.com/) (the “Site”), you agree that these Archive Services Terms and Conditions apply to such enquiry and any purchase of Archive Services.

If you think that there is a mistake in these Archive Services Terms and Conditions, or if you think any changes are required, please contact us at contact@thetogetherplan.com. Alternatively, you can contact us by writing to The Studio, 60 Glencoe Road Bushey, Herts WD23 3DS or by phone at +44 (0) 20 3375 0656.

1. about us and contact information

  1. We are a UK registered charity (Charity No. 1154167) and a company limited by guarantee registered in England and Wales (Company No. 08399795) with our registered office at 843 Finchley Road, London, United Kingdom NW11 8NA.
  2. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your enquiry form.
  3. When we use the words “writing” or “written” in these terms, this includes emails.

2. submitting an enquiry

  1. In order to receive Archive Services, you must submit an enquiry form to us via the Site.
  2. For your enquiry to proceed, we require as a minimum: the name of the person for whom you are searching for records; the date range to search in, this could be “pre-revolution” or a specific year range “1910-20”; and the name of the city or area in which they lived.
  3. You are welcome to provide additional relevant information, which may include: additional names, dates and locations; when the intended subject left; and what their profession was. You acknowledge that the more relevant information an archive enquiry is based on, the higher your enquiry’s likelihood of success. We ask you to not provide information that is irrelevant, and you acknowledge that providing irrelevant or excessive volumes of information may slow the search process.
  4. If we require additional information after reading your initial enquiry, we may contact you to request this information. We will not be responsible for supplying any services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  5. In respect of the provision of Archive Services, you acknowledge and agree that:
    1. we cannot guarantee that any search will be successful or otherwise achieve any of your intended objectives. In some cases, searches in respect of particular time periods (e.g., post-1917) may be more difficult to undertake and result in longer time periods;
    2. we can only take on a certain amount of cases at any one time and we may place your enquiry on a waiting list. This is to ensure that we give full attention to your research. If you are on our waiting list, we will let you know this upon receipt of your enquiry form;
    3. we do not offer any genealogical research;
  6. our Archive Services are specific to documents, records and other information located in or related to Belarus. In certain circumstances, often due to changing borders throughout history, documents are located in archives in other territories where we may or may not have contacts.
  7. We will perform all Archive Services with reasonable care and skill.
  8. We are entitled to sub-contract any Archive Services that we provide to you, including without limitation the use of archivists in Belarus or any other territory that we agree with you.
  9. We will use all reasonable endeavours to meet any dates communicated to you, but any such dates shall be estimates only and time is not of the essence for the performance of Archive Services.
  10. Subject to Section 2.10, we will generally provide our Archive Services to you in two phases: a “First Phase Search”, as described in Section 4, and a “Second Phase Search”, as described in Section 5.
  11. In certain circumstances it may not be suitable to split our Archive Services into two phases; for example, when searching for documents about people originating from small settlements/villages. In this situation, we will provide our Archive Services as a “Bespoke Search”, which may involve the archivist examining all of the available documents in a single process or under multiple phases.

3. your quote

  1. Following review of your enquiry, we will provide you with a fee quote based on the specific requirements of your enquiry and any additional information that you provide. Our quote will typically be divided by First Phase Search and Second Phase Search. In respect of a Bespoke Search and any Additional Services (as defined in Section 6 below), we will provide separate quotes.
  2. In preparing a quote, factors that we will consider include the number of family members requested, whether there are several names (which could result in a higher quote), the search date/period and the geographical location.
  3. If we become aware that we have misquoted for Archive Services, we will contact you for your instructions before we undertake any further work. If we accept your enquiry and undertake Archive Services where it is obvious and unmistakable and could reasonably have been recognised by you as a misquote, we may end the contract and refund you any sums you have paid.
  4. If you do not accept the fee quote within three (3) months of us providing it to you, and unless you and we agree otherwise, your quote will be considered expired and we will provide you with a new fee quote if you choose to engage our Archive Services thereafter.
  5. In addition to our quote, we will charge an administration fee each time additional information is supplied to us by you after the initial enquiry has begun.
  6. We will not undertake any services unless you have accepted in writing the relevant fee quote for those services.

4. first phase searches

  1. The First Phase Search will involve initial enquiries by our archivists to institutions and other repositories of information in Belarus, or such other territory that we agree with you, to see if any information can be located regarding the subject of your search. The First Phase Search enables us to understand whether there will be a possibility or likelihood of finding information through further, detailed searching.
  2. A First Phase Search typically takes around two (2) months to complete.
  3. The First Phase Search will not produce a report with any family history or similar details. Following completion of the First Phase Search, to the extent we are able, we will provide you with an indication of the likelihood of successfully completing a detailed search in accordance with your enquiry form.

5. second phase searches

  1. We will not provide a Second Phase Search unless you specifically request us to do so.
  2. The Second Phase Search consists of our archivists in Belarus, or such other territory that we agree with you, extracting all the records which might be relevant to your enquiry. The Second Phase Search can be a very labour-intensive and time-consuming process involving physical searches through records. We will collate all the information that our archivists have been able to find and compile a report.
  3. A Second Phase Search typically takes around six (6) months to complete. However, this may change and is subject to, among other considerations, the volume of physical records and the production of any unique archival record report detailing all of our findings.
  4. We will endeavour to provide you with updates on the progress of the Second Phase Search and inform you as soon as possible upon us becoming aware of a significant delay, and we will take steps to minimise the effect of the delay. Without prejudice to 2.8, we will not be liable for any such delays.
  5. Upon completion of a Second Phase Search, we will provide you with a written report of our findings together with any associated scans of documents. An example of this report is available via the Site.
  6. If you have any queries in respect of your Second Phase Search report, we will make reasonable efforts to dedicate approximately two (2) hours of our time to responding to your queries via email. We ask that you collate any questions in order to make the best use of this time. For any additional time, we will provide you with a fee quote based on our standard hourly rate.

6. additional services

  1. At your request, we may offer additional services (“Additional Services”) to you, including:
    1. deciphering and translation of documents; and
    2. local reports of towns that are relevant to your family’s heritage.
  2. Following your request, we will provide you with a fee quote in respect of such Additional Services and will only proceed following receipt of payment.

7. how the contract is formed between you and us

  1. Each enquiry form you submit shall be deemed to be an offer by you to us to receive Archive Services in respect of your enquiry and is subject to these Archive Services Terms and Conditions.
  2. No enquiry form shall be deemed to be accepted by us until we issue an email acknowledgement of your enquiry. Once we issue an email acknowledgement, we will either begin processing your request or you will be placed on a waiting list (and informed of the same), depending on the volume of requests we have received at that time. The contract between you and us will relate only to the enquiry notified in the email acknowledgement.
  3. You should carefully review these Archive Services Terms and Conditions and the email confirmation of your enquiry. If there is a conflict or inconsistency between these Archive Services Terms and Conditions and the email confirmation of your enquiry, these Archive Services Terms and Conditions shall prevail.
  4. We reserve the right to refuse any enquiry you place with us. We will inform you of this and you will not be charged for any Archive Services. Possible reasons for our refusal include:
    1. your enquiry relates to a territory in which we do not have any archivists or contacts who are able to locate relevant documents;
    2. we have identified an unexpected limit on our resources; or
    3. for any other reason that means we cannot fulfil the order.
  5. In addition, we may, in our sole discretion, limit or cancel any phase of an archive enquiry you place with us. These restrictions may include, without limitation, enquiries placed by or under the same enquiry form, and the same credit or debit card. In the event that we make a change to, limit or cancel any phase of an enquiry, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the enquiry form was submitted.
  6. When we begin processing your enquiry, we will assign a case worker to you who will be your main point of contact for anything regarding your enquiry. We will notify you of your case worker’s contact details.

8. our right to make changes

  1. We may change these Archive Services Terms and Conditions from time to time. Please ensure that you fully read them prior to each enquiry or any additional information that you submit to us thereafter, as they may have changed.
  2. We may change the scope and/or nature of the Archive Services: (i) to reflect changes in applicable laws and regulatory requirements; and/or (ii) to implement minor technical or service adjustments and improvements

9. fees and payment

  1. The fees for the Archive Services (“Fees”) will be the amounts quoted to you pursuant to Section 3, taking into account any bespoke fees or adjustments made in accordance with these Archive Services Terms and Conditions.
  2. We will invoice you in advance in respect of each phase of Archive Services, or as agreed otherwise. Until we receive payment in full of our invoice, we will not be obligated to provide the relevant Archive Services to you.
  3. You agree to pay each invoice submitted by us:
    1. within fourteen (14) days of the date of the invoice;
    2. in the currency specified in the invoice or as otherwise agreed;
    3. in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law); and
    4. in cleared funds to a bank account nominated in writing by us,
    5. and time for payment shall be of the essence for the contract.
  4. You agree that all amounts payable by you are exclusive of any amounts of value added tax chargeable from time to time (“VAT”). If, between the date of invoice and the date we supply the service, legislation or a decision from a tax authority would require VAT to be added to the amounts that you have to pay, we will issue a separate invoice to you in respect of the VAT that must be paid, unless you have already paid in full before the requirement takes effect.

10. refunds and remedies

  1. You have a statutory right to end the contract (and receive a full refund) within fourteen (14) days of entering into the contract. However, if you require us to provide any Archive Services within such fourteen (14)-day period, you acknowledge and agree that you waive any rights you have to such refund. You will still have the right to cancel but any refund will not include any amounts to cover Archive Services provided up to the point of cancellation.
  2. Subject to Sections 10.1 and 10.2, where the contract is ended (other than in accordance with Section 12.1), we will refund you for any Archive Services which have been paid for but which have not been provided.
  3. If you are entitled to a refund, we will refund you the price you paid for the Archive Services, by the method you used for payment. However, we may deduct from any refund an amount for the supply of Archive Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  4. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within fourteen (14) days of your telling us you have changed your mind.

11. how to end the contract

  1. To end the contract with us (under whatever circumstances), please let us know by contacting your relevant case worker or: contact@thetogetherplan.com. Please provide your name, email address, phone number, home address and details of the enquiry.

12. our right to end the contract

  1. We may end the contract at any time by writing to you if:
    1. you breach these Archive Services Terms and Conditions;
    2. you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; or
    3. you do not, within a reasonable time of us asking for it (and in any event not more than eight (8) weeks after we sent our latest request to you), provide us with information that is necessary for us to provide the Archive Services.
  2. If we end the contract in the situations set out above, we will be entitled to retain all monies that you have paid in advance. However, at our discretion, we may refund monies you have paid in advance for Archive Services we have not provided but we may deduct from such refund, or charge you, reasonable amounts to cover the costs we incur as a result of the situations set out in Section 12.1 above.
  3. We may write to you to let you know that we are going to stop providing the Archive Services. We will let you know in advance of our stopping the supply of the Archive Services and will refund any sums you have paid in advance for Archive Services which will not be provided. If we stop the provision of the Archive Services, the contract will end on the day specified to you.

13. our rights if we do not hear from you

  1. Without prejudice to our rights under Section 12.1 above, if you do not, within a reasonable period of time of us asking for it (and in any event not more than eight (8) weeks after we sent our latest request to you), provide us with information that is necessary for us to provide the Archive Services, then at any time we shall be entitled to consider your account ‘dormant’ and we will not undertake any further Archive Services until we hear further from you.
  2. Once we hear further from you, we will either re-commence the Archive Services or you will be placed on a waiting list (and informed of the same), depending on the volume of requests we have received at that time.
  3. Upon any re-commencement of Archive Services, we may at our discretion provide you with a revised fee quote in respect of any remaining Archive Services to be completed, which shall follow the process set out in Section 3. When calculating such revised fees, we will take into account any monies that you had paid in advance at the point at which we deemed your account ‘dormant’ and which have not been used to pay for any Archive Services provided up to that point.

14. our liability

  1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the enquiry process.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services to be supplied with reasonable skill and care.
  3. We are not liable for business losses. We only supply the Archive Services for your private use. If you use the Archive Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, revenue, goodwill or data, business interruption, loss of business opportunity, or, to the maximum extent permitted by law, any indirect or consequential loss.

15. intellectual property rights

  1. For the purposes of this Section 15:
    1. “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and
    2. “Deliverables” means all documents, reports and materials developed by us, our archivists, our sub-contractors and our employees as part of or in relation to the Archive Services in any form or media, including drawings, maps, plans, archive documents, designs, pictures, computer programs, data, specifications and reports (in each case including drafts thereof).
  2. All Intellectual Property Rights in or arising out of or in connection with the Archive Services, including in all Deliverables, (other than Intellectual Property Rights in any materials provided by you) shall be owned by us and our licensors.
  3. We hereby grant you a worldwide, non-exclusive, non-sublicensable, royalty-free licence to use, copy and modify the Deliverables for the purpose of receiving the Archive Services and using the Deliverables.
  4. You shall not sub-license, assign or otherwise transfer the rights granted in Section 15.3.
  5. You hereby grant to us a perpetual, irrevocable, non-exclusive, sublicensable, royalty-free, non-transferable licence to use, copy, create derivative works of and modify any materials provided by you to us for the term of the contract for the purposes of providing the Archive Services to you (including incorporating such materials within the Deliverables) and for our own research purposes.

16. confidentiality

  1. Subject to Section 16.2, we will not at any time during the contract, and for a period of two (2) years after completion of the Archive Services, disclose to any third party any confidential information provided by you in connection with your enquiry or the contract.
  2. We are entitled to disclose your confidential information:
    1. to the extent you have given us express consent to do so;
    2. to our employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of performing the Archive Services. We will ensure that our employees, officers, representatives, contractors, subcontractors and advisers to whom we disclose your confidential information comply with this Section 16.2; and
    3. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

17. personal information

  1. Your submission of personal information to us through the Site and in respect of the Archive Services is governed by our Privacy Policy, which is available here: https://thetogetherplan.com/privacy-policy/.

18. feedback and complaints

  1. Complaints can be made by contacting us using the contact details above. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Site and with us, the European ‘Online Dispute Resolution Platform’ can be accessed through the following link: http://ec.europa.eu/odr.

19. third-party rights

  1. A person who is not a party to these Archive Services Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.

20. severability

  1. In the event that any provision of these Archive Services Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Archive Services Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. transfers of these terms

  1. We may transfer our rights and obligations under these Archive Services Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract and we will refund you any payments you have made in advance for Archive Services not provided.
  2. You may only transfer your rights or your obligations under these Archive Services Terms and Conditions to another person if we agree to this in writing.

22. no waiver

  1. The failure of us to exercise or enforce any right or provision of these Archive Services Terms and Conditions shall not constitute a waiver of such right or provision.

23. entire agreement

  1. These Archive Services Terms and Conditions and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us in respect of the Archive Services and govern your receipt of Archive Services from us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Archive Services Terms and Conditions) relating to the Archive Services.

24. interpretation

  1. Any ambiguities in the interpretation of these Archive Services Terms and Conditions shall not be construed against the drafting party.

25. governing law

  1. These Archive Services Terms and Conditions shall be governed by and construed in accordance with English Law. Any dispute arising from, or related to, these Archive Services Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.