Terms of Service
1. This service agreement of business govern the agreement between Supply Me Ltd (the Consultant) and (the Client). This agreement shall be agreed before a service is delivered and shall incorporate the provisions of the fee, and proposal of work to be carried out by the Consultant including timescales. The Agreement shall supersede all other representations, communications and undertakings unless expressly incorporated therein. The Services are those services contained in the agreement, and any varied or additional services provided by the Consultant.
2. The Client shall supply information required to the Consultant at such times as is reasonably required for the performance of the Service(s).
3. The Consultant shall perform the service(s) with reasonable skill, care and diligence.
Consultant’s limitation of liability
4. The Consultant’s liability to the Client for breach of the Agreement or negligence (save in respect of death or personal injury) arising in connection with the Service(s) shall be limited to the sum of one million pounds (1,000,000.00). The Consultant shall take out and maintain professional indemnity insurance in this amount provided always that such insurance is available in the UK insurance market at commercially reasonable rates.
5. The Consultant’s liability shall be further limited to such sum as it would be just and equitable for the Consultant to pay having regard to the extent of the responsibility of the Consultant for the loss or damage suffered on the basis that all other parties connected with the Services or involved in any project related to the Services.
6. The Consultant shall not be responsible for any loss, damage, injury to or death of suffered by the Client, Client’s employees or patrons arising from matters beyond the Consultant’s control.
7. No individual employee of the Consultant shall have any liability in negligence (save in respect of death or personal injury) to the Client for any matters arising in connection with the Service(s) provided.
Variations and additional service(s)
8. Any proposal is based upon information supplied by the Client. The Client shall notify the Consultant of any instruction to vary the services to be provided or undertake additional services. Where the Consultant is involved in additional work due to (i) any such instruction or (ii) due to changes in the scope, nature or programme of, or the performance of other parties in relation to, any project connected to the Services, then the Consultant shall be entitled to additional time for performance and to additional payment in such amounts as are agreed or failing agreement such amounts as are reasonable, having regard in particular to the Consultant’s usual time charge rates.
Payment of service(s)
9. The Client shall pay to the Consultant the fees and charges for the service(s) specified in the proposed agreement and those in respect of additional or varied services as they are earned.
10. The Client shall pay the amount stated in the Invoice within 14 days of the date of invoice. In accordance with the Late Payment of Commercial Debts Act 1998, overdue payments after 30 days from the date of invoice will be charged additional interest at the rate of 8% above the Bank of England base rate, which is current at the time of invoicing. A debt recovery fee of £70 will also be applied to outstanding amounts to cover administration charges.
Non / Late Payment of invoice(s)
11. Following non/late payment of 3 invoices, the consultant will cancel any ongoing service in place and reserves the right to refuse any future agreements.
Cancellation of service(s)
12. The Client has the right to cancel any service at any time, however the following charges will apply:
Cancelled with more than 14 days notice = no charge
Cancelled with between 7 and 14 days notice = 50% charge
Cancelled with less than 7 days notice = 100% charge
13. Management Service - If the Client wishes to cancel a routine Management Service from the Consultant, the Client must provide 2full months notice period to cancel such service.
14. Management Service – If the Client defaults on any monthly payment for such service, the Management Service will cease immediately and the Consultant reserves the right to refuse any re-commencement.
15. The Consultant reserves the right to cancel or re-schedule any proposed works at any time. If cancellation is required and payment has been made in advance, a full refund will be given to the Client who has booked the service.
Complaints and Disputes
16. In the event that the Client has a complaint in respect of any service(s) provided then, without prejudice to any other remedy, he/she will provide any dispute in writing to the Consultant.
17. If a dispute arises in connection with the agreement, the Client and the Consultant shall attempt to agree a settlement in good faith.
Copyright
18. The copyright in all documents prepared by the Consultant shall remain the property of the Consultant. Subject to proper payment of amounts due to the Consultant, the Client is granted a non-exclusive royalty-free licence to copy and use the documents for any reasonable purpose in connection with the Project. The Consultant shall not be liable for any use of the documents for any purpose other than that for which they were prepared and provided.