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Legal

1. Services 

  1. i. The scope of the Services to be provided to the Client by the Consultancy will be agreed in writing between them. 
  2. ii. If the Client requires any additional services or any change to the agreed Services, the Consultancy will be entitled to an adjustment of the fees and an estimate of the additional fees which may be due will be provided to the Client upon request.


2. Commencement / Duration of Services 

  1. i. If the commencement date for the Services is not agreed in advance, the Services will be treated as having commenced on the date the Consultancy begins to carry out any of the Services. 
  2. ii. The Services will continue until they are completed, unless the Appointment is terminated early in accordance with these Terms of Engagement.


3. Fees & Expenses 

  1. i. The fees payable for the Services will be as agreed in writing between the Client and the Consultancy. Unless otherwise specified, fees will be payable by monthly instalments against the Consultancy's invoices (payment to be due within 30 days after the invoice date). 
  2. ii. Out of pocket expenses (including travel, telecommunications and other costs) may be recoverable in addition to fees and the appropriate amounts will be added to the Consultancy's invoices unless otherwise agreed. 
  3. iii. The normal daily rate is for a seven hour day. The hourly rate will be agreed at 1/6th of the daily rate. Meetings on site with the client will be charged at a minimum of half a day. The daily and hourly rates quoted to the Client are subject to review annually on 1st January of each year. 
  4. iv. The Consultancy will be entitled to interest on overdue accounts at the rate of 3% above the Base Rate.
  5. v. The daily and hourly rates of the Consultancy's personnel quoted to the Client will, unless otherwise agreed, apply to any additional services. 
  6. vi. Fees are quoted exclusive of any Value Added Tax which may be application. If applicable, this will be added to each invoice and payable by the Client. 

4. Information & Approval 

  1. i. The Client will ensure that the Consultant is provided in good time with all information needed to enable the Consultancy to perform the Services and the Consultancy will be entitled to rely on that information. 
  2. ii. The Client will give all decisions and approvals in a timely manner and provide any additional assistance, which the Consultancy may reasonably request.

5. Standard of Care 

  1. i. The Consultancy will exercise reasonable skill, care and diligence in the performance of the Services in accordance with the standards of the Consultancy's profession. 
  2. ii. The Consultancy will also use reasonable endeavours to adhere to the programmes agreed with the Client for the provision of the Services, but will not be responsible for any delay which is due to reasons attributable to the Client or otherwise beyond the Consultancy's control.


6. Intellectual Property 

  1. i. Copyright in all copy, designs and artwork created by the Consultancy will remain the property of the Consultancy. Subject to the Client paying all fees and expenses, which are due, the Client will have a licence to copy and use those documents and data for any purpose but not for onward sale to third parties.


7. Personnel 

  1. i. The Consultancy will designate an individual to act as the principal representative of the Consultancy in dealings with the Client concerning the Services. The Consultancy reserves the right to change that individual but will not do so without good reason and will inform the Client of any such change. 
  2. ii. The Consultancy will provide the Client with details of the professional qualifications and experience of staff engaged on the Services upon request.


8. Liability & Insurance 

  1. i. The Consultancy will take appropriate steps to remedy any defect in the Services for which it is responsible and which is immediately notified to it by the Client at any time up to 12 months following completion of the Services. 
  2. ii. The Consultancy will have no other liability to the Client, whether in contract or in tort, for any loss or damage suffered by the Client, whether direct, indirect or consequential.


9. Termination 

  1. i. The Consultancy may terminate the Appointment at any time by giving notice to the Client if the Client commits a material breach of any of the terms agreed between them, which is not remedied within 14 days. Failure to pay fees and expenses on the due date will constitute a material breach. 
  2. ii. The Client may terminate the Appointment by notice to the Consultancy if the Consultancy commits a material breach of any of the terms agreed between them and fails to take steps to remedy the breach within 14 days of notice requiring it to do so from the Client. 
  3. iii. Upon termination the Client will pay the Consultancy all fees and expenses due up to the termination date. In the event of wrongful termination by the Client, the Client will in addition pay the Consultancy an appropriate amount of compensation for the Consultancy's loss of anticipated profit. 
  4. iv. Termination will not prejudice the accrued rights and liabilities of the parties.


10. Law & Jurisdiction 

  1. i. The agreement between the parties is governed by English law. 
  2. ii. Any disputes which cannot be resolved amicably will be resolved by the courts of England and Wales. 
  3. iii. Each party will give serious consideration to a request by the other that any dispute should be referred to mediation.