Compass Safety Services Ltd - Standard Terms and Conditions
1: These terms and conditions form part of our formal fee and services proposal. in the event of any conflict between these terms and any other terms, these terms shall apply.
2: We will use reasonable skill, care and diligence in the performance of the services provided, and will be liable only to the extent that we have breached this obligation. Our liability shall be limited to such proportion of any losses incurred as is fair and reasonable having regard to the services provided and the extent of our responsibility for the same.
3: When the fee is a lump sum this is based on the assumptions/criteria set out in the formal fee and services proposal. Should one or more of these criteria change materially the fee shall be adjusted by such as is fair and reasonable. If we are required to modify and/or revise any agreed as completed, (in any case for reasons other than our default) then you will pay us such sum as is fair and reasonable. Unless otherwise agreed, the sum will be calculated in accordance with the schedule of rates set out in the formal fee and services proposal (or, if none stated, in accordance with our standard schedule of rates) to cover the additional resources employed by us in respect of such additional work.
4: Notwithstanding any other term of this agreement, our total liability under or in connection with this agreement whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall be limited to any figure stated in the proposal. We shall have no liability under or in connection with this commission after the expiry of one year from the date of our works being issued and accepted.
5: Copyright and all intellectual property rights arising out of our services shall vest in us. Subject to payment of all fees properly due we shall grant you a non-exclusive licence to use such intellectual property for the original purpose connected with the formal fees and services proposal. We shall not be liable for the use by any person of any documentation or other service provided for any purpose other than that for which they were intended.
6: All documentation issued by Compass Safety Services Limited shall be in a locked, un-editable format.
7: If you fail to make payment in accordance with out standard 7 day terms, we reserve the right to suspend provision of services and seek retrieval of funds through official channels. We shall have no liability for any delay or damage caused by such a suspension.
8: Neither we nor you may reassign our rights under this commission and no term of this agreement confers on any third party any benefit or right to enforce any term of this agreement. Unless otherwise agreed, any report is not intended for and should not be relied upon by any third party and no responsibility is undertaken to any third party for it.
9: Our agreement with you shall be subject to English law and any disputes referred to in English courts.
10: Time basis rates are subject to review on April 1st each year and will be adjusted in line with salary inflation. Save for any obscure items which are included in the formal fee and services proposal.
11: Disturbances and expenses will be charged separately at cost.
12: Our fees are net of all taxes, levies, imposts or other duties. Invoices for and lump sum will be submitted in accordance with any schedule or agreement referred to in the formal fee and services proposal. Invoices for time based services or one off services will be submitted for payment on a monthly basis. Payment is due on presentation of our invoices and final date for payment shall be thirty days thereafter. Interest at the statutory rate will be charged on any overdue account.