Concept Republic ™ - visualise it
Business terms & conditions
These terms and conditions (“the conditions”) govern the contract to provide services to the client.
DEFINITIONS
In these conditions the following terms shall have the following meanings:
'Company' means Concept Republic Limited
'Client' means the client of Concept Republic
'Contract' means any contract for the supply of services by Concept Republic to the Client
EXISTENCE OF THE CONTRACT
1.1 No contract shall come into existence until the Client’s order (however given) is accepted by the earliest of the Company’s written acceptance and the Company’s invoice.
1.2 These conditions shall be incorporated in the Contract to the exclusion of any terms and conditions stipulated or referred to by the Client.
1.3 No variation or amendment of these terms and conditions or any oral promise or commitment related to it shall be valid unless agreed to in writing and signed by or on behalf of both parties.
PRICE
2.1 The Price invoiced is based upon the actual time and material used by the Company. The Company will consult the Client if the costs are likely to exceed any estimate given to the Client.
2.2 The Price is exclusive of Value Added Tax. VAT at the appropriate rate will be added to the price.
2.3 The Company reserves the right to send an interim account after each completed stage.
2.4 Price changes shall take effect on the date of service on the Client of notice of the change
PAYMENT
3.1 All invoices are payable within 21 days of the date of the invoice. Under no circumstances, should the Client be entitled to make any deduction or withhold payment for any reason at all.
3.2 Payment to be made either by cheque payable in sterling to Concept Republic Ltd or by bank transfer to the following account: Bank: HSBC Sort code: 30-00-01 Account No: 02977578 Account Name: Concept Republic Ltd
3.3 If the invoice is not paid within 21 days, the Company reserves the right to charge interest at 8% above the base rate of the Bank of England.
SERVICES
4. The Company agrees to carry out its services for the Client with due care and diligence and to such standard of care as it is reasonable for the Client to expect in all the circumstances.
TERMINATION
5. If the Client defaults in any of its obligations under these conditions, becomes insolvent, has a receiver appointed of its business or is compulsory or voluntarily wound up or if the Company reasonably believes that any of these events shall occur, the Company shall be entitled, at its discretion without prejudice to any other remedy, to suspend the performance of or to terminate the contract.
LIABILTY
6.1 The Company shall indemnify the Client and keep the Client fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Company, its employees, agents or sub-contractors.
6.2 The Client shall indemnify the Company and keep the Company fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Client, its employees, agents or sub-contractors.
6.3 Notwithstanding anything else contained in these conditions, the Company shall have no liability to the Client for any loss or damage of any nature including loss of profits arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory duty or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract.
6.4 The Client shall be at all times fully insured with a reputable insurer against all insurable liability under the contract.
CONFIDENTIALITY
7. Each party shall treat as confidential all Confidential Information and shall not divulge such Confidential Information to any person (except to such party’s own employees and only if necessary) without the other party’s prior written consent. The obligations contained in this Clause are ongoing but shall cease to apply to any information coming into the public domain other than by breach by either party of its obligations contained under this agreement. Each party shall ensure that its employees are aware of and comply with the provisions of this Clause. Termination of this contract shall not release either party of it’s obligations as to confidentiality under this Clause.
MATTERS BEYOND PARTIES CONTROL
8. If either party is unable to perform any of its obligations under these conditions because of matters beyond that party’s reasonable control including, but not limited to, lighting, flood, exceptionally bad weather, fire, explosion, war, civil disorder, industrial disputes, acts of terrorism or acts, that party shall have no liability to the other for such failure to perform is obligations.
ASSIGNMENT
9. The Company reserves the right to assign or sub-contract any or all of its rights and obligations without the Client’s further consent to such assignment or sub-contract. The Client may not sell, lease, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise any rights or obligations in these conditions without the prior consent of the Company.
WARRANTY
10.1The Client hereby warrants to the Company that the Client has not been induced to enter into these conditions by any prior representations or warranties, whether oral or in writing, except as specifically contained in these conditions.
10.2 The Client hereby irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation not contained in these conditions or for breach of any warranty not contained unless such misrepresentation or warranty was made fraudulently and was relied upon by the Client and/or to rescind these conditions.
ENTIRE AGREEMENT
11. This contract supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties.
NOTICES
12. Any notice required under this contract must be in writing and sent to the Company’s business address as given on its Invoice. Any notice sent to the Client will be sent to the address which you have provided or such other address as shall have been given as the billing address.
AMENDMENTS
13. The Company reserves the right to add to and /or amend the conditions at any time. If conditions are amended, a letter or e-mail advising of the amendment 21 days before it takes effect will notify the Client. If the Client continues to use the services after the amendments have been notified, the Client will be deemed to have accepted such amendments.
THIRD PARTIES
14. The parties confirm their intent not to confer any rights on any third parties by virtue of this contract and accordingly the Contracts (Right of Third Parties) Act 1999 shall not apply to this Agreement.
DISPUTES
15. All disputes, differences and questions of any nature which arise between the parties or any of them out of the construction of or concerning anything contained in or arising out of these conditions, shall be referred to an arbitrator to be appointed by the President of the Law Society under the Arbitration Act 1996.
LAW
16. This contract is governed by English law.
