How We Work
We act in all cases as principals in law.
We will co-operate fully with you and will use our best efforts to achieve the objectives you set us. You, in turn, agree to help us to do so by making available to us all relevant information and by co-operating with us at all times. In particular, you agree to provide us with a clear brief and ensure that all facts that are relevant to your product or service are accurate and in no way misleading.
Fees
The terms of our appointment, the services that we will provide and our remuneration for those services will be set out in our Fee Advice.
Travelling expenses will be charged to you at 40 pence per mile and other forms of transport at cost. We shall include on our invoices, where appropriate, any VAT payable on transactions between us.
Our Fee Advice will set out our payment terms. We shall be entitled to charge interest on overdue sums to us at the rate of 5% per annum above the Base Rate from time to time of HSBC Plc.
Some of our suppliers require payment in advance. You will agree to pay interim invoices in respect of such services immediately upon presentation.
In the absence of a Fee Advice, or until a Fee Advice has been agreed, we shall charge for our services on the basis of time spent on your business at the prevailing hourly rates chargeable for the personnel engaged in the work, together with such out of pocket expenses and disbursements incurred by us, to which we shall be entitled to add such profit mark-up as is reasonable according to the nature and type of work undertaken.
Conflicts of Interest and Confidentiality
We will not discuss with any Client, the work currently being undertaken for others. We will keep secret all confidential information provided to us by you.
We will not disclose, without your permission, during or after the period when we are working for you, any confidential information relating to your Company, its products or services or any information resulting from studies or surveys commissioned and paid for by you.
Copyright & Confidence
Proposals, presentations, reports, materials, ideas, strategies and plans provided by us are given in confidence and are only to be used by you under the terms agreed for individual projects or assignments. We will retain the intellectual property and copyright of materials, theories and models provided by us.
At the termination of any agreement between us, unused or unpublished plans and ideas prepared by us whether the subject of copyright or not, shall remain our property and shall not be used by you thereafter regardless of whether or not the physical embodiment of such work is in your possession.
We will keep in our care all documents and reports entrusted to us as your property. We shall be entitled to destroy all such material left in our possession after two years or after giving notice to you at such an earlier time as we consider reasonable.
Our Staff
Our ability to provide a high quality service to our clients is dependent on our employing and retaining high calibre staff.
Both parties undertake not to employ or engage directly or indirectly any of our employees with whom we have had contact in the course of our work for a period of one year following the completion of the services set out in our Fee Advice. If for any reason either party breaks such undertaking we agree to pay as liquidated damages a sum equal to the most recent six months gross remuneration and benefits (plus VAT thereon) paid by us to the employee(s) in question.
Other
If due to war, strikes, industrial action short of a strike, lock out, accidents, fire, blockage, import or export embargo, obstruction, natural catastrophe or other obstacles over which we have no control, we fail to complete our assignment in the manner and within the time required by the terms of our agreement, we shall not be held responsible for any loss or damage which may be incurred by you as a result of such failure.
We have no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care. In any event and notwithstanding anything contained in this Agreement, our liability in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with this Agreement (except in relation to death or personal injury caused by our negligence or the negligence of our employees) shall be limited to the remuneration set out in our Fee Advice.
In no circumstances shall we be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof (i) for any increased costs or expenses (ii) for any loss of profit, business contracts, revenue or anticipated savings or (iii) for any special indirect or consequential damage of any nature whatsoever.
If we are requested by you to use or liaise with third party suppliers, we shall not be responsible for the acts or omissions of any sub-contractor, manufacturer, supplier or other third party providing goods and services in connection with the project.
This Agreement shall be governed by and construed in accordance with English law and we both irrevocably submit to the non-exclusive jurisdiction of the English Courts.
LCP terms and conditions of business 2009