It is a condition of this contract that you:
- Pay us as per the enclosed schedule; and
- Agree to the terms set out below
TERMS OF THE CONTRACT
References to ABC throughout this contract are to Ahead Business Consulting Ltd (SC619605), registered at Armont, Arnothill Lane, Falkirk, FK1 5SL.
2 You and your organisation
References to “you” and “your organisation” throughout this contract are to the legal entity forming the other party to this contract.
3 Information & Confidentiality
ABC shall take such steps as it thinks fit in good faith to preserve confidential information received from you from misuse. ABC will not be liable to you if confidential information becomes public unless ABC has failed to follow its own procedures and its failure causes the confidential information to become public thereby causing you loss.
4 Intellectual Property Rights
ABC retains all copyright and other intellectual property rights in all materials provided by ABC to you. All materials, case studies, presentations and working documents remain the property of ABC and may not be reproduced or passed on to any party without prior written agreement from us.
5 Third Party Rights
A person who is not a party to this Contract shall have no rights to enforce any of its terms.
6 Termination / cancellation
In the event of a material breach of any of the terms of this contract by ABC you may terminate it immediately without being liable to make any further payment to ABC.
If ABC terminates the Contract due to a breach by you, all remaining payments will become payable immediately.
The fee includes (where applicable) our professional skills, course materials, use of third party data, software, graphic and design materials and online services but do not include travel, accommodation, venue or equipment hire, catering or living expenses which we may incur in the provision of our services. Unless otherwise agreed, all fees are exclusive of value added tax.
You shall pay to ABC all payments as set out in the Payment Schedule within the Proposal we provided to you. Unless otherwise mutually agreed, or where any delay in carrying out the scheduled work is due to the fault of ABC, invoices must be paid according to the Payment Schedule regardless of whether or not the work has actually been carried out. If the account is not paid in accordance with this schedule, an additional non-deductible charge of 2.5% of the cost of the event will be levied. A further additional charge of 2.5% of the cost of the event will be rendered in respect of each additional 30 day period that the fee remains unpaid. Notwithstanding the above terms, we reserve the right to call for immediate payment of the account at any time, at our sole discretion.
Where payments are staged, if any payment is not made, for any reason, then the obligations of ABC may be suspended until payment is made in full. ABC may terminate this Contract in the event of any default in payment by you.
9 Travel and accommodation expenses
Travel is undertaken by rail (Standard Class) or air (Economy Class) or car, as considered appropriate by us, or otherwise agreed with you. The allowance for car travel is 45p per mile. The basis for charging for (or for you providing) accommodation will be agreed with you.
10 Our liability:
We warrant that the services we provide will be conducted in a professional manner in accordance with generally recognised practices and standards. We will provide appropriately qualified and experienced staff to deliver courses / consultancy that will not knowingly include copyright materials without a licence.
ABC accepts no liability for your employees whilst attending our courses.
We accept no liability for loss or damage to personal belongings that participants may bring to a venue.
We shall not be liable for any damages or penalties of whatsoever nature for any direct, indirect, incidental or consequential damage resulting from any error or omission in material, whether written, spoken, given or stated on any ABC course.
If you make any significant changes to the specification of your requirements as described in our above proposal and this necessitates a significant variation to the services we are contracting to provide (as described in our proposal) ABC reserves the right to increase our fee to reflect these changes. The Completion Date referred in the Contract may only be varied by mutual agreement.
12 Cancellation / postponement
ABC reserves the right, at our sole discretion, to levy a charge in the event of a late cancellation, date change or postponement by you on the following scale. Costs already incurred by ABC including any costs relating to travel, accommodation, materials or administration, or any other expenses, will be met in full by you, save where ABC is able to secure a refund of said costs.
|No. of working days’ notice prior to START
|Cancellation / postponement / amendment charge
|31 + working days
||0 % of the fee
|20 – 30 working days
||25% of the fee plus any costs already incurred
|10 – 19 working days
||50 % of the event plus any costs already incurred
|Fewer than 10 working days
||Full fee plus any costs already incurred
13 Force Majeure
ABC will not be liable in any way for failure to perform, or delay in performing, its obligations under the Contract if the failure or delay is due to causes outside ABC’s reasonable control.
The Contract is personal to you and shall not be assigned by you without prior written consent of ABC.
This Contract and proposal contains the entire Contract between ABC and you with regard to its subject matter and supersedes all previous Contracts and understandings between ABC and you. You acknowledge that in entering into this Contract you do not do so on the basis of any representation warranty or other provision save as expressly provided herein.
This Agreement shall be governed by and construed in accordance with Scottish law and any dispute arising out of the Contract shall be subject to the exclusive jurisdiction of the Scottish courts.
16 Data Protection
ABC requires you to provide personal data of the people you wish us to collaborate within order for us to fulfil our contract with you. In addition, it may be necessary for you to disclose personal data (including sensitive or “special category” data) about your employees, workers, contractors, volunteers, interns, directors, board members, job applicants, clients, customers and suppliers in order for us to deliver the services you have requested.
ABC will comply with all applicable data protection legislation when processing this data. Further details about rights and obligations in respect of personal data we hold about you and any personal data you disclose to us are contained in our Client Data Policy which can be found at https://www.aheadbusinessconsulting.co.uk/privacy-policy. The same page contains out Data Processing Activity schedule which can be downloaded for your files.
We will add your details to our mailing list so we can keep you informed of developments and send you newsletters, updates and invitations to seminars or other events by phone, letter or e-mail. If you do not wish to be added to our mailing list or if you want your details to be removed at any time please contact us via firstname.lastname@example.org.