Terms and Conditions Services & Training
The following Terms and Conditions are set out between Dynamic Business Strategies Limited, hereinafter called the Consultant, and Clients hereinafter called the Client.
- The Consultant agrees not to disclose confidential information or documents on the Client, without the Client’s agreement, unless instructed to do so by a Court of Law, or where it would be unlawful not to do so.
ROLE OF CONSULTANT
- The Consultant is providing Business Improvement Coaching, Mentoring, Consultancy, Training and Advisory Services to the Client, as set out in the Agreement or service description
- Where coaching, mentoring and knowledge transfer are delivered, the Consultant’s Role is to help the Directors of the Client come to a balanced decision going forward, and helping the Client develop a Strategy for the future.
- The Consultant is not a Director, Shadow Director or non-Executive Director of the Company.
- Where the Consultant deals with third parties for the Client under the Assignment it will be as Agent of the Client. The client will indemnify the Consultant against any claim and costs incurred while the Consultant is acting as Agent.
- The Consultant is not a Financial Intermediary or Broker, and will not negotiate, accept, sign off or place Financial Packages or where commission is received from these.
SCOPE, TIMESCALE AND COST OF WORK
- The assignment is confined to work as set out in the proposal or service description as described on this website
- The time set to complete and the measure of its success depends on factors outside of the control of the consultant, including quality of information given by the Client and availability of Client
- Any estimates in terms of time or cost, although given in good faith, shall not be deemed to be undertakings, warranties or contractual obligations.
- Any changes in scope of work, the deliverables, or the costs and time to provide the service, shall be agreed in advance between the Consultant and Client.
- All information, conclusions, forecasts and recommendations, in any report or presentation, are made in good faith based on information made available to the Consultant by the Client or otherwise, and are not deemed in anyway to be a representation, undertaking, warranty or contractual conditions.
- Intellectual Property owned by the Client and used by the Consultant for the purposes of the Assignment , shall not be used for any other purpose or passed on to any third party, unless with the Client’s express permission.
- The Consultant will take all reasonable care to ensure that any Intellectual Property owned by the Client is not passed to any third party.
- The Client shall make available to the Consultant any such information required to allow the Consultant to complete the assignment.
- Where the Consultant works on the Client’s premises, the Client will provide office accommodation and telephone to support the Consultant with the Assignment.
- Neither party shall assign the agreement without the express permission of the other.
- No amendments to the agreement will be made without the agreement of both parties.
- The Consultant will not be liable in respect of:
- Any special, consequential or indirect loss
- Failure to meet forecasts or any other plans or budgets
- The quality of information provided by the client
- The Consultant does not make any representation, undertaking or warranty in respect of the Performance of the Client, the Recommendations, the Forecasts, or the Client’s Financial Status.
HEALTH AND SAFETY
- The Client shall do all in its powers to protect the Health and Safety of the Consultant and its personnel, while on the premises of the Client.
- The Consultant shall do all in its powers to protect the Health and Safety of the Client and its personnel, while on the premises of the Client.
- Terms of Payment are 7 days from date of Invoice or on issue of invoice for Google AdWords Engage Service.
- If the sum payable under this Agreement, or other agreement between the Client and Consultant, are not paid the Consultant reserves the right (without prejudice to other rights) to suspend the service until such sum is paid by the Client.
- Fees remain payable in full during the time of this suspension.
- The Client will be invoiced in full for any scheduled meeting that is cancelled without 24 hours notice prior to the agreed appointment.
- The Client will be invoiced in full for any non attendance or workshop place that is cancelled without 24 hours notice prior to the agreed date.
- The Client will be invoiced in full for any preparation work or research activity for online marketing or Google AdWords Engage Service if payment has not been received either via the Standing Order or payment in full on invoice when a standing order has not been implemented and payment will become immediately due.
- The Consultant reserves the right to refer payment for outstanding invoices to a debt recovery agency. In this case all fees for recovery will be paid by the Client.
FAILURE OR INSOLVENCY OF THE CLIENT
- In the event of failure, insolvency or restructuring of the Client, the Consultant has the right to terminate the agreement without notice and without liability.
- In such circumstances, the outstanding sum, calculated pro rata based on time worked, will become due immediately.
- The agreement may be terminated by either party, subject to 30 days notice in writing.
- If the agreement is terminated by the Client, work undertaken to date shall be invoiced pro rata to the Client, and the amount invoiced shall become due.
- Any notice by either party regarding breach or termination must be in writing and delivered in person or by recorded mail or courier. Notices should be sent to the address of the parties set out in the document unless otherwise agreed by each party.
The Agreement between the Client and Consultant will be deemed to be governed by English Law, and the parties undertake to submit to the English Courts.