STANDARD TERMS AND CONDITIONS
The small print for any organisation protects you and ourselves and they provide clarity in relation to our business relationship. These standard terms and conditions apply to CH Consultancy.
1. Terms of Engagement
1.1 – All work by the Consultancy or its Associates will be in accordance with the engagement letter or e mail or any subsequent written variations agreed by the Company. Standard terms and conditions should be read in conjunction with the engagement letter / email and vice versa.
1.2 – Joining instructions for any programme or event will be sent in advance of the start of the programme or event and will include a location of the venue.
1.3 – All cancellations and requests to transfer must be received before the start of the programme or event and made in writing. Requests to cancel received 61 days or more before the programme or event will be subject to no charge. Cancellations received 29-60 days before the programme or event are subject to a cancellation fee of 25% of the total fees charged. Cancellations received 15-28 days before the programme or event are subject to a cancellation fee of 50% and cancellation requests received 0-14 days before the event will be subject to 100% of the fees due. There will be no charge for a transfer to an alternative programme providing the request is received 31 or more days before the start of the event planned to attend. One transfer will be permitted free of charge however more requests may be allowed at a charge of £100.00 administration fee.
1.4 – We reserve the right to cancel a programme or event at any time and offer an alternative date, a credit or a refund without any liability for consequential or indirect loss. Programmes or events will be correct at the time of going to print however alterations may occasionally be necessary due to circumstances beyond our control
2. Our professional obligations
2.1 – Our services will be provided with all reasonable skill and care and in accordance with law, by-laws, regulations and ethical and professional guidance issued by our professional associated body
2.2 – Where you provide to us confidential information we shall at all times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements which may be applicable in this engagement.
2.3 – As part of our on going commitment to providing a quality of service, our files are periodically subject to an independent quality review. Our reviewers are from the ILM and are bound by the same rules and requirements for confidentiality as our directors, staff and associates.
2.4 – We will reserve the right to act during this engagement for other clients whose interest may be adverse to yours. We will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you.
3. Your obligations
3.1 You will at all times retain responsibility for the management and operation of your self and your business and its affairs, including taking decisions as to whether or not to follow/implement any advice or guidance provided by us
3.2 You will provide us with complete, accurate and timely information relating to the services that we are providing
3.3 Health and Safety laws and regulations apply to our employees and associates whilst on your premises. You agree to provide our employees and associates with the protection and safety due to them under those laws and regulations whilst on your premises. We acknowledge our responsibility to co-ordinate and co-operate in this regard
3.4 You will not offer employment to any of our staff working on your affairs or induce or solicit any such person to take up employment with you while services are being provided or within six months following the end of any involvement by our staff. Breach of this condition will render you liable to pay us liquidated damages equal to 30% of their annual income from us immediately prior to them leaving.
4.Use of our advice and guidance
4.1 Advice and guidance is given by us on the basis that it is for your information and it may only be used by you for the purpose for which it was intended. We accept no liability or responsibility to third parties for any aspect of our professional services or works that is made available to them. You shall not provide any details of our advice to any third party without our prior written consent. Our material is covered by copyright and is subject to and protected by intellectual property rights.
4.2 Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act
5.1 We are keen to obtain publicity for work undertaken on behalf of a client. This could include both internal and external publicity. Permission to attribute for client publicity will always be obtained from the client in advance; however, we cannot undertake to prevent the media from publishing any material they have to hand should they decide to do so. Notwithstanding this condition, both you and we assume the right to use references and feedback in proposals or marketing/promotional material or other similar submissions to prospective clients, unless you expressly prohibit such disclosure
5.2 Unless we otherwise specifically agreed in the engagement letter, we are authorised by you to speak to or meet with any other person that we may need to contact to perform the engagement or who you ask us to contact. We may release to them for the purpose of the engagement any information, whether confidential or not, which we have obtained during the course of the engagement and we shall not be liable for any use subsequently made of that information.
5.3 You acknowledge our legal obligations to keep confidential any relevant information obtained from any other client (or potential client) and you agree that if we have obtained any such confidential information we will not disclose it to you or make us of it for your benefit.
6. Working papers and intellectual property
6.1 We retain copyright and all intellectual property rights in all material provided to you or otherwise generated in the course of carrying out the engagement.
6.2 You shall keep confidential any methodologies and technologies used by us in carrying out the engagement
6.3 During the course of our work we will collect information from you and others acting on your behalf and we may retain or return any original documents to you following completion of the assignment to which they relate.
6.4 All papers and other documents in our possession in both hard copy and electronic form are retained securely for seven years and then destroyed. If you require retention of any document for longer then you must notify us of that fact in writing.
7. Electronic communication
7.1 During the engagement we may wish to communicate electronically with each other. However, the electronic transmission of the information cannot be guaranteed to be secure for virus or error free and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe to use. We each agreed to use commercially reasonable procedures to check for the then most commonly known viruses before sending information electronically but we recognise that such procedures cannot be a guarantee that transmissions will be unaffected by such hazards.
7.2 We confirm that we each accept these risks and authorise electronic communications between us. We will each be responsible for protecting our own systems and interests in relation to electronic communications and neither you nor us in each case including our respective partners directors employees sub contractors agents or associates will have any liability to each other on any basis whether in contract tort negligence or otherwise in respect of any error damage loss or omission arising from or in connection with the electronic communication of information between us or our reliance on such information
8.1 Unless otherwise agreed in the engagement letter our fees will reflect the contribution to your affairs having regard to the level of staff assigned to the engagement the skill and responsibility involved and the hours spent
8.2 Unless otherwise agreed in the engagement letter/e mail , fee estimates given by us are only estimates and our fees may be lower or higher. We will let you know if we consider the estimate is likely to be exceeded. Unless otherwise agreed our fees together with any expenses incurred will be charged separately for each of the main elements of the service provided by us and will be charged at appropriate intervals during the course of the year. Where significant amounts of time and investment are concerned or incurred then we are entitled to require payment on account.
8.3 Unless otherwise agreed our payments terms are 30 days from the date of the invoice. Where fees are not received in accordance with the agreed payment terms we reserve the right to suspend any ongoing work or to start a new part of the assignment until payment is received. We also reserve the right to claim interest at the rate applicable at the time and commercial debt recovery costs in connection with late payments legislation and to take appropriate legal action to recover the outstanding fee, referring the matter to our authorised debt recovery service should we consider this to be appropriate. Should you have or anticipate having any problems with payments we would urge you to communicate this to us as soon as possible.
8.4 Commissions or other benefits may sometimes be payable to us in respect of introductions to other professionals or transactions we arrange for you in which case you will be notified in writing of the amount the terms of payment and receipt any such commissions or benefits.
8.5 Fees charged for any or our programmes or events will include tuition fees, documentation any other benefits as notified by us to you. They do not include accommodation or travelling costs unless specified.
9.1 We hope that you never have cause for complaint however we do treat any complaint very seriously. If you feel that you have cause to complain about a fee or a standard of work or service that you have received or the conduct of a member of our staff or an associate, the complaint must be made in writing and addressed to our company.
9.2 Whilst we understand that a complaint regarding the standard of work may not be immediately apparent that complaint must be made as soon as you become aware of the problem. In the case of any complaint about fees this should be no later than 15 working days after the date of the issue of the invoice.
9.3 On receipt of the written complaint we undertake to first acknowledge receipt in writing within 7 working days and the matter will be investigated. The results of this together with the proposed action or remedy will be reported back to you within 15 working days. It the nature of the complaint is such that we are unable to report back within that time frame we shall update you in writing.
9.4 Ultimately if a complaint cannot be resolved to your satisfaction then you may refer the matter to our professional association.
10. Data protection.
To enable us to provide our services to you and for other related purposes including updating and enhancing client records analysis for management purposes and statutory returns crime prevention and legal and regulatory compliance we may obtain use process and disclose personal date about you your business and your employees. We confirm that when processing your data on your behalf we will comply with the relevant provisions of the Data Protection Act 1998 and other relevant legislation.
10.1 We will only use your personal data including names addresses and any personal detail to provide our services to you which may include sending you marketing and promotional material mail shots / updates and other relevant information by either mail or e mail.
11.1 Each of us can terminate this engagement in full or in part without liability to the other by giving 30 days prior notice in writing
11.2 We may terminate without liability to you part or all of our services immediately and at any time if we believe you have supplied us with false misleading inaccurate or incomplete information
12. Applicable law
12.1 The engagement letter/e mail and these terms and conditions are covered by and construed in accordance with English Law. The Courts of England will have exclusive jurisdiction in relation to any claim dispute or difference concerning his engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those court to claim that the action has been brought in inappropriate forum or to claim that those courts do not have jurisdiction.