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- Terms and Conditions
- In these Terms and Conditions, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
- “the Consultant” means Quadra
- “the Client” means the person identified as such on any quotation
- “the Service” means the services to be supplied under the terms of this contract
- These Terms and Conditions, together with the SLA (Service Level Agreement where applicable) and the Clients written acceptance, are the only Terms and Conditions upon which the Consultant is prepared to deal with the Client and they shall govern the contract to the entire exclusion of any other terms and conditions whatsoever.
- The Consultant shall only be bound by any addition to or variation from these Terms and Conditions which is expressly approved in writing by a Director of the Consultant.
- Having regard to the resources available to the Consultant and the nature of the work undertaken by the Consultant these Terms and Conditions are considered and accepted by the Client as being fair and reasonable in all the circumstances.
- If any of these Terms and Conditions or any part thereof is rendered void or unacceptable by any legislation or rule of law it shall be void to that extent only and unenforceable to the extent that it is not fair or reasonable to allow reliance on it and no further.
- Payment of Fees and Expenses
- The price for the Service shall be that expressed within the Quotation or SLA and shall comprise fee charges including all Consultant’s time spent on the assignment at the Client’s premises and elsewhere, and travelling and out-of-pocket expenses re-charged at cost, unless otherwise included in the overall fee.
- The rate for work carried under an SLA will increase annually in line with the annualized inflation rate.
- VAT, where applicable, at the current rate will be added to the price for the Service.
- Fees and expenses are payable 30 days from the date of invoice. If any payment by the Client to the Consultant is overdue, interest will be chargeable thereon after as well as before judgement on a day-to-day basis at 2% over the Bank of England Lending Based Rate until the sum due is paid off.
- Confidential information concerning the Client’s business will not be disclosed by the Consultant to third parties (save to the extent that the same is in the public domain) without the Client’s prior written consent unless otherwise required by a court of competent jurisdiction, or other governmental or regulatory authority.
- All information and advice, written or oral, or whatever nature, made available by the Consultant to the Client is for the sole use of the Client and shall not be disclosed or made available by the Client to any third party (save to the extent that the same is in the public).
- General Liabilities
- The Consultant shall undertake to carry out the Service with reasonable care and skill. No liability shall be accepted by the Consultant for any work carried out in connection with this or any other project and it shall be a condition of any contract that no such liability shall be accepted under any circumstances.
- All documentation or outputs prepared for the Client shall become the property of the Client and the Client shall be responsible for its ongoing review, update and maintenance on a regular basis.
- All reports provided to the Client by the Consultant are provided for the sole use of the Client, and no responsibility is accepted by the Consultant for any reliance that may be had upon such reports by any third parties, unless the permission of the Consultant is sought for the provision of particular reports to specified third parties and such permission is given by the Consultant.
- Nothing in this document precludes the Consultant, or any member of its staff, taking such steps as are necessary to comply with the professional or ethical rules of any relevant professional body of which a Director or employee may be a member.
- The consultant may suspend the performance of their obligations under this contract during the currency of any circumstances which, in the opinion of the Consultant, materially adversely affect the performance of those obligations.
- The Consultant shall not accept cancellation of orders made specifically to the Client’s requirements. Any service which has been given in accordance with the Client’s order and not completed will be charged for in full at the Consultant’s discretion.
- The Consultant may (without prejudice to any other rights) by notice in writing to the Client terminate forthwith this contract if:
- the Client shall commit any breach of any of the terms of this contract; or
- the Client compounds with or negotiates for any composition with its creditors or allows any judgement against it to remain unsatisfied for seven days; or
- being an individual the Client shall die or has a receiving order made against him or commit any act of bankruptcy; or
- being a company the Client shall call any meeting of its creditors or have a receiver of all or any of its assets appointed or if an application for an administration order shall have been made in respect of the Client or if the client shall enter into any liquidation.
- Either party can terminate the agreement with 3 months’ notice by providing a written request.