Telephone: 077494 50374
Email: stephenjamesconsultant@outlook.com
Terms and Conditions for Consulting Services
1. Introduction
These Terms and Conditions (the “Agreement”) govern the provision of consulting services/Auditing and Training (the “Services”) by Stephen James, (the “Consultant”), to the client (the “Client”). By engaging the Consultant, the Client agrees to be bound by this Agreement.
2. Services
2.1 Description of Services: The Consultant agrees to provide quality auditing, training and mentoring of Fire Extinguisher Engineers to the British Standards BS5306 parts, 3/8. The Consultant agrees to provide quality training in respect of any courses booked.
2.2 Modifications: Any modifications to the scope of Services must be agreed upon in writing by both parties.
3. Term
3.1 Term: This Agreement shall commence on [Start Date] and shall continue for a mutually agreed period or until terminated in accordance with Section 8 of this Agreement.
4. Payment
4.1 Fees: The Client agrees to pay the agreed Consultant fees per day plus expenses in terms of on-going auditing and training or The Client agrees to pay the Consultant the specified amount for any course booked.
4.2 Payment Terms: Invoices for auditing and on-going training will be issued weekly and are payable on receipt. Invoices for courses to be payable on receipt to confirm agreed dates.
4.3 Expenses: The Client agrees to reimburse the Consultant for all reasonable and necessary expenses incurred in connection with the performance of the Services, such as travel. Any further expenses will be pre-approved by the Client.
5. Confidentiality
5.1 Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of this Agreement.
5.2 Non-Disclosure: Neither party shall disclose any confidential information to any third party without the prior written consent of the other party.
6. Intellectual Property
6.1 Ownership: Any materials and reports created by the Consultant in the course of providing services under this agreement shall be the intellectual property of the Consultant. The Client shall have a non-executive, non-transferable licence to use such materials for its internal purposes.
7. Warranties and Disclaimers
7.1 Standard of Services: The Consultant warrants that the Services will be performed in a professional manner in accordance with industry standards.
7.2 Disclaimer: Whilst in good faith every effort will be made to educate and guide an engineer, The Consultant cannot be held responsible for their standard of work or any misinterpretation of guidance.
8. Termination
8.1 Termination for Convenience: Either party may terminate this Agreement for any reason upon [30] days’ written notice to the other party.
8.2 Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement.
9. Limitation of Liability
9.1 Limitation: To the maximum extent permitted by law, the Consultant’s liability under this Agreement for any reason shall be limited to the amount of fees paid by the Client to the Consultant for the Services.
9.2 Exclusion of Consequential Damages: In no event shall either party be liable for any indirect, incidental, special, or consequential damages, including lost profits, even if advised of the possibility of such damages.
10. Client Responsibilities
10.1 Provision of Information: The Client shall provide access to all necessary information, documentation and facilities required by the Consultant to perform the Services.
10.2 Availability: The Client shall ensure that its personnel are available for the Services as scheduled and shall co-operate fully with the Consultant during the Services.
11. Cancellation of scheduled Services
11.1 Any cancellation of Services is subject to a cancellation fee. Any cancellation within 14 days of the scheduled start date will incur full payment of agreed Fees payable.
12. Miscellaneous:
12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of the United Kingdom.
12.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
12.3 Amendments: Any further works agreed involving training and auditing, either written or verbally, will all form part of this Agreement.
12.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.5 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent by email, or three days after being sent by certified or registered mail, return receipt requested, to the addresses specified by the parties.