Standard Terms of Business
The following standard terms of business apply to all engagements accepted by [insert your company name]. All work carried out is subject to these except where changes are expressly agreed in writing.
Professional rules and guidelines
We will observe regulations and ethical guidelines enforced by Worby Ltd and accept your appointment on the basis that we will act in accordance with those guidelines.
Conflicts of interest
You agree that we may reserve the right to act during this engagement for other clients whose interest are or may be adverse to yours, subject to the terms of confidentiality below. We confirm that we will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to the company.
We confirm that where you give us confidential information we shall at all times keep it confidential, except as required by law or as provided for in regulatory, ethical or other pronouncements applicable to our engagement.
Our fees are calculated on the basis of the time spent on the project/service undertaken. We shall confirm verbally or in writing prior to undertaking such work either an hourly rate or fixed price for the project.
All invoices are payable on receipt. We reserve the right to charge interest at the rate for the time being applicable under the Late Payment of Commercials Debts (Interest) Act 1998 in the case of overdue accounts. We also reserve the right to terminate any ongoing or future contracts. However it is not our intention to use these rights in a way, which is unfair or unreasonable.
Retention of title
In the event of non-payment we may seek to cancel and make void any releases signed in the undertaking of this contract. Title shall only be released on full settlement of invoice.
As part of our ongoing commitment to providing a quality service, our shoots and contracts are periodically subject to an independent review. Such reviews are carried out by Worby Ltd. We therefore request permission to disclose information concerning our undertaking (excluding any under non-disclosure agreements) in the circumstances described. Agreement of these terms of business is to be regarded as your approval unless and until we are notified that such permission has been withdrawn.
Help us to give the best service
We aim to provide the best possible service to our clients. If at any time you would like to discuss how our services could be improved or if you are dissatisfied with the service you are receiving, please let us know by telephoning or writing to us.
Should you feel that your concerns are not fully answered, under our professional membership to The Worby Ltd, you have the right to contact themselves to mediate in any issues. Their contact details are;
Unit 3 Carlton Court
Please provide Worby Ltd reference number.
This engagement letter shall be governed by, and construed in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matters arising from it. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.
Communicating with you
Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of Internet communications and all risks connected with sending commercially sensitive information relating to the company are borne by you. If you do not accept the risk, you should notify us in writing that e-mail is not an acceptable means of communication.
It is the recipient’s responsibility to carry out a virus check on any attachments received.
Data Protection Act 1998/2003
We may obtain, use, and process personal data in order that we may undertake the services agreed under this contract, and for other related purposes including statutory returns, crime prevention and legal and regulatory compliance. Under data protection legislation you have right of access to the personal data that we hold about you.
Contracts (Rights of Third Parties) Act 1999
Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this agreement. This clause does not affect any right or remedy of any person that exists or is available otherwise that pursuant to the Act.
The Service which we provide, which we give you, is for your sole use and does not constitute any third party to who you may sell / lease it. We accept no responsibility to third parties for any aspect of our services or work that is made available to them.
Clients are reminded that, in addition to this agreement being subject to the civil laws of England and Wales, we have legal obligation to adhere to all civil and criminal legislation currently in force.
Limitation of liability
We will provide our professional services with reasonable standard and compliance. However, we will not be responsible for any losses arising from the supply to you or others of our service should it be undertaken to the assignment, this covers but not exclusive of; infringement of copyright, plagiarism, slander, libel or infringement of local decency laws.
You agree to hold harmless and indemnify us against any representation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement.