Terms and conditions of trade

Please find below a copy of our trading terms and conditions

4.1Definitions

4.1.1The ‘Client’ means the named person, organisation or company which has engaged the consultant to undertake related services.

4.1.2 ‘Consultant’ means the person, organisation or company engaged to undertake business consultancy related services.

4.2 The Consultant’s obligations.

4.2.1 The Consultant shall execute his/her duties, as defined in the scope of works, with reasonable skill, care and diligence and perform his/her obligations faithfully and diligently and in accordance with the Client Brief. The Consultant shall use his/her best endeavours to promote the interests of the Client.

4.2.2 Consultants shall carry out and complete the services within the period stated in the engagement agreement, wherever possible.

4.2.3 Consultants shall only undertake works that are within their field
of expertise. If expertise beyond the Consultant’s knowledge is required, during the course of the works, the Consultant shall inform the Client and advise the Client to engage the appropriate consultant.

4.2.4 Consultants may not sub-contract the works in whole or in part to
a third party unless expressly agreed in writing with the Client.

4.2.5 Consultants’ liabilities in relation to the duties performed shall be limited as follows:
• compliance with advice provided by the Consultant does not ensure compliance with the requirements of the Disability Discrimination Act 1995. The Consultant does not accept any responsibility for loss occasioned by reason of non-compliance with the Disability Discrimination Act 1995 .
• The Consultant holds current professional indemnity insurance as set out in the engagement agreement. No liability shall attach to the Consultant in respect of the duties executed except such liabilities as are covered by that insurance. The insurance policy may be inspected on request and the parties may agree additional cover where it is possible for the Consultant to obtain insurance to meet that additional liability and the Client agrees to the cost involved .
• The level of liability will usually be limited to the amount covered by the Consultant’s professional indemnity insurance (as stated in the engagement agreement). However, the parties may agree a higher level of liability where it is possible for the Consultant to obtain insurance to meet that additional liability and the Client agrees to meet the cost involved .
• The level of financial liability for which the Consultant can be held responsible will be limited by agreement. The level of liability must not exceed the amount covered by the Consultant’s professional indemnity insurance. This sum is stated in the engagement agreement. The engagement agreement will stipulate the excess sum on the Consultant’s insurance policy .

4.3 The Client’s obligations

4.3.1 The Client will provide the Consultant with all relevant information
to enable him/her to execute his/her duties

4.3.2 The Client will provide the Consultant with reasonable access to
the premises that are being assessed

4.3.3 The Client will co-operate fully with the Consultant

4.3.4The Client will respond promptly to requests for additional information

4.4 Payment for the consultant’s services

4.4.1 Payment schedules and methods may be agreed through negotiations between the Consultant and the Client. Payments may be related to time periods, milestones or completion of the works. Clients will be invoiced by the consultant in accordance with the agreed method. The method of payment will be included in the engagement agreement with the agreed method for calculation of variations to the project brief/budget

4.4.2 The payment of invoiced moneys due to the Consultant shall be paid within 30 days from the date of receipt of the invoice by the Client unless otherwise agreed in writing

4.4.3 In the event of a disagreement over invoiced sum due, the Client must inform the Consultant of the disputed sum, in writing, within 10 working days and provide a statement of the reasons for withholding the amount. Only disputed sums may be withheld and payment of undisputed, invoiced sums should be made, within the stated 30 days, even if this is only part payment of an invoice

4.4.4 In the event of moneys being withheld that are not disputed, the Consultant may suspend his/her services until the moneys due are paid in full. The Consultant must inform the Client of this action seven days prior to suspending his/her services

4.4.5 The Consultant’s right to suspend his/her services under clause 4.4.4 shall cease when the Client makes payment in full on the moneys due

4.4.6 The Consultant reserves the right to charge interest of 1.5% per month on unpaid sums due under this agreement

4.4.7 Disputes and deductions must be strictly in accordance with the terms of the contract unless expressly agreed between the Client and the Consultant. If a dispute remains unresolved for over 28 days the parties will appoint an Arbitrator, who is acceptable to both parties, to resolve the dispute

4.4.8 The fees contained within the scope of works and the engagement agreement should specify the inclusion or exclusion of expenditure relating to:
• reasonable travel and hotel expenses, (including mileage for car travel at a specified rate)
• postage/courier charges
• obtaining copies of plans
• any other fees or expenses which the Client may authorise by written agreement
• VAT
4.4.9 The contract scope may be subject to variations including omissions,
alterations and additions providing that both parties agree in writing to the variation. If a variation to the scope of works results in a change in the contract value the financial implications will be calculated using the original project brief and scope of works as a basis

4.4.10 An hourly rate should be included in the engagement agreement for the valuation of additional works that cannot reasonably be valued using the original scope of works or project as a basis

4.4.11 Payment of agreed fees/reimbursements that are not included within the contract sum shall be by invoice, substantiated by the submission of timesheets and/or receipts, as appropriate

4.4.12 Where the Consultant’s fees are expressed as a percentage of total project costs, that total shall include:
• adjustments consequent upon variations and fluctuations
• expenditure of provisional, prime cost sums, or contingencies
• value of materials, labour or services provided by the Client free of charge
but shall exclude the value of any loss and expense claims

4.4.13 All fees are exclusive of VAT unless otherwise stated

4.5 Insurance

4.5.1 The Consultant shall provide the Client with evidence that they hold the level of professional indemnity insurance referred to in the engagement agreement. This should be done by the production of a valid certificate of insurance by the Consultant for the Client
2. The insurer providing the professional indemnity insurance for the
Consultant shall be an insurer of repute in respect of the Consultant’s business generally
3. The Consultant must maintain the professional indemnity for at least six years after the completion of the project
4.6 Confidentiality
The Consultant agrees to treat as secret and confidential and not
at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any information in relation to the Client’s technology, technical process, business affairs or finances or any such information relating to a subsidiary, supplier, customer or client of the Client where knowledge or details of the information was received during the period of this agreement except so far as is necessary for performing his or her duties under this agreement. Upon termination of this agreement, for whatever reason, the Consultant shall return all documentation and materials supplied by the Client under the contract to the Client

4.7 Communications between the Client and the Consultant

4.7.1The Client shall inform the Consultant, in writing, of any alterations in the membership of the project team during the course of the project. The contact details of the new representative will be forwarded promptly to the Consultant
2. Any variations to the scope of works must be agreed through negotiations between the Client and the Consultant and confirmed in writing
3. The Client shall promptly inform the Consultant of any decision or information held by the Client necessary for the proper performance of the Consultant’s services
4. The formal addresses to which correspondence should be sent will be agreed in writing prior to commencement of the contract. If there are any changes to these addresses during the course of the contract, all parties will be notified in writing of the changes within seven working days
4.8 Notice

4.8.1 Any notice required by this agreement to be given by either party to the other shall be in writing and shall be served by sending the same by registered post or recorded delivery to the last known address of the other party and any receipt issued by the postal authorities shall be conclusive evidence of the fact and date of posting such a notice

4.9 Suspension or termination of the contract

4.9.1 Either party shall be entitled to terminate the contract if:
o the other party is in breach of this contract for a period exceeding 30 days after the breach has been communicated in writing to him or her
o the other party is declared bankrupt, has a receiving order made against them, makes any arrangement with his/her creditors, enters into liquidation whether compulsory or voluntary, (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or has a receiver appointed in respect of any of his/her assets
4.9.2 The Client may not terminate the Agreement solely for the reason of the Consultant’s absence through illness or injury unless such illness or injury prevents the Consultant providing any services to the Client for a consecutive period of six weeks or for an aggregate period of eight weeks in any period of 12 calendar months

4.10 Copyright

4.10.1 The Consultant shall retain the copyright in and ownership of all reports and other documents presented to the Client under the contract. The Clients may not make any alterations to any reports or other documentation prepared by the Consultant without prior consent in writing from the Consultant. Any alteration that the Client wants to make to the documentation, must be reviewed by the Consultant and all changes must be expressly agreed in writing by the Consultant
The Consultant may, with written permission of the Client, use
copies of the report for agreed purposes after the submission of the documentation. Any documentation that is used for these purposes will be edited to protect the identity of the Client and to remove any commercially sensitive information contained within. Such agreed purposes may include training or the production of sample reports to demonstrate the style and format of the documentation that the Consultant produces
4.11 Assignment

4.11.1 The Client may assign the benefit of the agreement.
The Consultant may assign the benefit of the agreement but not the burden

4.12 Laws, regulations and byelaws