Tel: 0843 205 0867
Terms And Conditions
1. Definitions
a) The ‘Company’ shall mean aim2aim Consultancy;
b) The ‘Client’ shall mean any individual, partnership, limited company, charity or other organisation that may from time to time contract with the Company for the provision of services;
c) ‘Charge rates’ shall mean the charges that will be invoiced to the Client by the Company for the services provided.
2. Contract
a) The Company shall not (subject to clause b) commence work on behalf of any Client until the Client has by signature of an authorised person for and on the Client’s behalf entered into a written contract with the Company; such contract will state the Client’s requirements and the agreed completion timeline, charge rates and credit terms which will be governed and enforceable wholly and solely by the Terms and Conditions stated within this document;
b) The Company may, at its discretion, commence work prior to written contract as defined in a) above; in this event the Client agrees that, for the purposes of the work being and to be carried out at the Client’s instruction, such a contract shall be deemed to exist and shall be governed and enforceable wholly and solely by these Terms and Conditions;
c) Charge rates are based on the Company’s current costs of provision of services and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs outside the control of the Company. Where appropriate, consultants’ time will be invoiced by the Company at the agreed rate unless otherwise stated;
d) All work carried out, whether leading to a completed contract or otherwise, at Client's request shall be charged at an agreed hourly rate.
3. Tax
The Company reserves the right to charge value added tax at the current rate payable whether or not included in the contract document, estimate or invoice.
4. Completion and payment
a) Completion of work shall be deemed to have occurred when such work as was contracted has taken place and/or any documents relating to such work are tendered or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due;
b) Should contracted work be suspended at the request of or delayed through any default of the Client for a period of 30 days the Company shall be then entitled to payment for work already carried out and for any other additional costs;
c) Payment terms are strictly within 14 days from date of invoice or as stated on invoice. Any other payment terms must be pre-agreed and in writing.
5. Late Payment
Disputes, claims and/or counterclaims shall not be used as reason for withholding of monies invoiced and due. If the Company is not paid according to the agreed credit terms it will exercise its statutory right to interest and compensation for debt recovery costs under theLate Payment of Commercial Debts (Interest) Act 1998. The Act provides that interest will be charged at 8% over base rate on overdue Company debts, which will include all reasonable debt recovery costs. All overdue Company debt will also incur compensation costs under this legislation, the compensation entitlement calculated per the following table:
Size of unpaid debt Compensation to be paid to the creditor
Up to £1,000 £40
£1,000 to £9,999 £70
£10,000 or more £100
6. Liability
a) The Company undertakes to insure and to keep insured normal commercial risks relating to its activity including (but not exclusively) public liability and employee liability cover at the appropriate level of cover;
b) The Company shall not be liable for any loss to the Client arising from delay in work carried out not caused by the consultant nor shall the Company be held responsible for third party costs incurred by the Client for any reason whatsoever;
c) The Client shall indemnify the Company and shall keep it indemnified against any third party claims relating to or as a result of work carried out by the Company on the Clients behalf;
d) It is the Client’s responsibility to ensure the work done by the Company or any documents supplied by the Company are used only for legitimate Company purposes in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other relevant legislation;
e) The Company reserves the right to terminate at any time a contract should it be felt that the Client may be in contradiction of any of these laws.
7. Data Protection
a) Any sensitive information the Client provides will be secured with all industry standard protocols and technology and the Company will implement and follow industry standard measures to protect against unauthorised access to and unlawful interception or processing of personal, confidential or commercially sensitive information;
b) All data supplied to the Company by or on behalf of the Client shall, while it is in transit to or from the Client, be deemed to be at Client's risk unless otherwise agreed. Transmission of information via the internet is not completely secure and the Client shall indemnify the Company and shall keep it indemnified against any breach of the Data Protection Act arising from the transmission of data via this medium;
c) The Company may disclose Client’s information to third parties only:
i) If it is are under a duty to disclose or share the data in order to comply with any legal obligation, or in order to enforce or apply its terms and conditions and other agreements; or to protect the rights, property, or safety of the Company, its Clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
ii) In the event that the Company sells or buys any business or assets, in which case it may be required to disclose Clients data to the prospective seller or buyer of such business or assets in the course of Due Diligence.
8. Insolvency
If the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a limited company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company without prejudice to other remedies shall:
a) have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and any materials purchased for the purposes of fulfilling such work, such charge to be an immediate debt due to the Client;
b) in respect of all unpaid debts due from the Client have a general lien on all goods and property in the Clients possession (whether relating to work carried out or not) and shall be entitled on the expiration of 14 days notice to seize and dispose of such goods or property in such manner and at such price as the Company thinks fit and to apply the proceeds towards such debts.
9. Copyright
All imagery, copy, text, reports or other documents or materials supplied by the Company remain the intellectual property of the Company unless agreed in writing, therefore it is prohibited and unlawful to copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of the consultant. If material is discovered in use without permission the company reserves the right to inform the relevant authority which may include the police or local trading standards department.
10. Force Majeure
The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept completion when available.
11. Severability
These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
12. Law
These Terms and Conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales.
