f) Any
agreed expenses, such as business
mileage, will be invoiced after
completion of the assignment.
g) If the
allocated time for an editing
assignment is exceeded, additional
hours or days will be charged at
mutually agreed daily or hourly
rates as defined in the letter of
engagement or agreed in writing with
you prior to the start of the
assignment.
h) We review
our fees periodically. The fee rates
used in the letter of engagement are
our current rates. Our fee basis
will always be agreed with you
before we start work. Any future
rate adjustments will be notified to
you at least one month before we
apply the new rates.
Charges agreed will be held until 30
June 2012.
3.
Expenses
a) We may
ask you to reimburse us for
reasonable out of pocket expenses
that may be incurred at your request
in connection with the assignment,
including (where appropriate) travel
and overnight subsistence and the
cost of providing specialist
equipment, goods and materials.
Wherever possible such expenses will
be agreed upfront with you.
4.
Invoicing and payment
a) Invoices
for fees and any expenses are
payable within 28 days of the date
of the invoice.
b) Please
raise any queries concerning an
invoice within fourteen days of the
invoice date. Wherever possible
payment should be made by BACS
transfer.
c) In the
event that invoices are not settled
in full in accordance with these
Terms, we reserve the statutory
right to charge interest under the
Late Payment of Commercial Debts
(Interest) Act 1998 and the
guidelines published by The Better
Payment Practice Group.
5.
Information Disclosure
a) We
request that you disclose to us all
information which is necessary for
the satisfactory running and
completion of the assignment or
which, in our reasonable opinion, is
relevant to the assignment.
b) You
represent that, to the best of your
ability and in good faith, all
information disclosed to us is
accurate and that any written
materials supplied may be used as
part of the assignment without
breach of any third party copyright
or registered trademarks.
c) You must
notify us straightaway if you become
aware of any matters, facts or
circumstances that directly or
indirectly affect the assignment or
appear inconsistent in any way
alongside information already
provided, if that original
information becomes misleading or
inaccurate.
d)
We acknowledge that you will
endeavour to ensure that information
provided to us is accurate and
statistics are up-to-date (where
relevant). No liability is accepted
for any error, omissions or mis-statements
provided in our written materials,
or opinions expressed as part of
training discussion exercises.
e)
Background research materials that
you provide should not infringe
anyone else’s copywrite.
6.
Confidentiality
a)
All work carried out is fair,
impartial and confidential (where
appropriate).
b)
We confirm our commitment to
promoting confidentiality and will
not disclose information concerning you
or your business to any third party
without your written consent, unless
otherwise required by law, a Court
of competent jurisdiction or by
governmental or regulatory
authority.
c)
We comply with the Data Protection
Act 1998.
7.
Ownership
a)
All training materials remain the
intellectual property of Imaginative
Training and Development Ltd.
b) You will
own the deliverables of the
assignment, which shall not include
any proprietary products or methods
which we may use in the course of
the assignment. We may retain copies
for quality assurance purposes.
c) Subject
to our obligations of
confidentiality, both parties shall
be free to apply the concepts and
techniques used and developed on the
assignment. As freelance training
consultants, we may continue to
perform similar services for other
clients using our general knowledge,
skills, experience and personnel.
8.
Liability
a) We
undertake to exercise due care in
the performance of the assignment in
accordance with applicable
professional standards. Our
objective is to provide a high
quality professional service that
fully meets your expectations and
requirements.
b) We hold a
current Certificate of Professional
Liability Insurance to cover any
civil liabilities arising from our
professional activities.
9.
Suspension and termination
a) You may,
at any time, terminate the
assignment by giving us not less
than twenty one days written notice
of your intention to do so.
b)
Where training packages have been
produced for a specific purpose, you
will be charged.
c) If you
need to cancel the delivery of a
training course the following
cancellation fees will apply:
- Within 12 weeks of course:
No cancellation fee applies
- Within 6 weeks of course:
50% of the course fee
- Within 4 weeks of course:
75% of the course fee
- Within 2 weeks of course:
100% of the course fee
d) We may
suspend the assignment if, in our
reasonable opinion, material
circumstances adversely affect the
performance of our obligations under
the contract, or where we reasonably
determine that there has been a
material non-disclosure of
information by you or material
changes in circumstances which
significantly alter the scope and/or
nature of the assignment.
e) We may,
by giving you notice in writing,
terminate the assignment forthwith
if:
- the
period of suspension as
described in clause 9.b) exceeds
thirty days; or
- you
commit a breach of the contract
and fail to remedy this within
seven days of being notified in
writing by us; or
- you
compound with or negotiate for
any composition or compromise
with your creditors or are
unable to pay your debts within
the meaning of Section 123 of
the Insolvency Act 1986.
f) If the
contract is terminated:
- Each
party shall return to the other
party, any property belonging to
each other in our/your
possession at the time of
termination; and
- you
must pay forthwith all fees and
expenses in respect of all
professional services performed
by us under the contract up to
the date of termination,
together with all reasonable
costs and expenses incurred by,
in connection with, and in
consequence of, the termination
of the contract.
