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Need to write T&Cs

(8 Posts)
likessleep Tue 20-Jan-09 15:31:21

I am setting up as a freelance research consultant and currently setting up business accounts, buying laptop etc and basically spending all of my time on business link swotting up!

I need to get some terms and conditions written and not sure where to start here. Are there any generic consultancy / payment terms written anywhere that I could tailor?

I guess there probably isn't, but I thought I'd ask on the off chance.

Or did you see a solicitor/write t&cs yourself?

whomovedmychocolate Tue 20-Jan-09 15:35:02

You can borrow mine if you like...hang on a sec

whomovedmychocolate Tue 20-Jan-09 15:42:30

Scope of Terms of Business
All work carried out by or at the responsibility of XX for clients is subject to these terms of business. These terms may be varied or excluded (in whole or in part) by any Proposal or by subsequent agreement in writing signed on behalf of XX and the client, but not otherwise.

Acceptance of Proposals
Proposals submitted by XX shall, unless otherwise stated therein, remain open for acceptance for thirty days from the date of submission to the client. Acceptance shall be valid only if made in writing signed by or on behalf of the client. Variation of the terms of a Proposal shall be effective only if specified in the written acceptance and countersigned by an authorised representative of XX

Commencement of Work
Unless otherwise stated in the Proposal, the client shall take all steps to enable XX to begin its work not later than thirty days after acceptance of the Proposal. The client will make available or place at XX disposal all information facilities and personnel reasonably required by him to carry out its work, and generally will co-operate with him in all reasonable ways.

XX will use its reasonable endeavours to meet the wishes of clients in the selection of sub-contractors and associates but reserves the right (unless otherwise required in writing by the client in its acceptance of a Proposal) to employ, discharge or replace at any time any sub-contractor or associate in carrying out work for clients.

Fees and Expenses
All fees expenses and other sums payable to XX by the client shall be payable in every case within thirty days of the date of each invoice submitted by him. Expenses shall be reimbursed to XX by the client at cost.

Travelling Expenses
Where travelling expenses paid or payable by XX are to be reimbursed by the client they shall be charged at cost. The standard rate for Mileage is the prevailing rate quoted by the Inland Revenue Approved mileage rates.

Force Majeure
If, after the acceptance of a Proposal, the rights of XX or of the client under the agreement are wholly or substantially diminished or the performance thereof rendered wholly or substantially impossible by reason of force majeure, then the obligations of both parties shall cease forthwith except that the client shall pay to XX all fees and expenses then owing to him (including all the expenses of or caused by or arising out of such termination) together with a sum equal to whichever is the lesser of the fees remaining to be paid thereafter or a proportion of the total fees equivalent to sixty days’ work calculated pro rata against the total time estimated for the project.

Termination or Breach by Client
If, after acceptance of a Proposal, the client shall terminate or be in serious or (after warning) repeated breach of its agreement with XX or act in such a manner as to render the performance of the agreement by XX wholly or substantially impossible, then the obligations of XX under the agreement shall cease forthwith. In such a case the client shall immediately pay to XX all fees and expenses (including all the expenses of or caused by or arising out of such termination) and other sums then owing to XX under the agreement together with a sum equal to the whole of the fees thereafter remaining to be paid under the agreement.

Contractual Limits
All forecasts and recommendations in any Proposal, report or letter are made in good faith and on the basis of the information before XX at the time. No statement in any Proposal, report or letter is to be deemed to be in any circumstances a representation, undertaking, warranty or contractual condition. XX shall not be liable to the client for any indirect or consequential loss or damage. The total liability of XX to the client shall not exceed the fees paid in respect of the contract. This amount includes any and all claims combined, including any costs and lawyers’ fees awarded.

Intellectual Property Rights
All intellectual Property Rights are reserved to XX in all Proposals, reports and other documents produced or commissioned by XX under or in connection with any agreement with a client. No such document shall be copied or published (in whole or in part) or disseminated to any third party without the written permission of XX. Permission will not be unreasonably withheld or withdrawn provided in all cases that XX is satisfied that the copying or publication will not cause offence to or infringe the rights of any third party and provided further that XX is satisfied that such copying or publication will be of the whole of the document concerned and not of a part or selection there from.

All Proposals, reports, surveys and other documents produced or commissioned by XX will be treated by XX as confidential to the client concerned and will not be shown or passed to any third party without written permission of the client.

These terms of business and all documents, arrangements and agreements to which they apply shall be construed and have effect in accordance with the laws of England, and the parties hereby prorogate jurisdiction exclusively to the English courts.

likessleep Tue 20-Jan-09 15:48:05

thank you so much whomovedmychocolate, that is so kind of you. they look fab and i can definitely tailor those points.
may i ask (without seeming rude!), where did you get them from? i also need to include some points about data protection more explicitly and wondered if there are some more information sources somewhere?
thanks again, very generous of you smile

mrsbaldwin Tue 20-Jan-09 15:48:53

I might change my nickname to Force Majeure

likessleep Tue 20-Jan-09 16:01:45

i'm going to have to google that wink

mrsbaldwin Tue 20-Jan-09 16:19:07

It means something like 'forces beyond your control' - which sounds a lot like being pregnant to me smile

whomovedmychocolate Tue 20-Jan-09 20:40:49

Force majeure - when the local squaddies fall over on your driveway and cause a tsunami in the fish pond grin

Seriously - what aspects of data protection? We have part of our booking form covering that. Your local business link is the source of these things btw. You can also buy standard T&C and other forms of wording (they cost about £40 each).

But Business Link are pretty good for giving you them free wink

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