DEFINITIONS
Client – As nominated in the Description of Services
Company – Sustainability Facilitators, Southorpe, Stamford. Lincolnshire.
Services – As undertaken by the Company and set out within the Description of Services
AGREEMENT
1 Duties of the Company
The Company will provide the Client with the Services as set out in the Description of Services. The Company will act professionally and in the best interests of the Client. The Company shall provide information and materials relevant to the Services but shall not be responsible for how such information is used within the organisation or in any other context.
2 Duties of the Client
The Client will take responsibility for the use and application of the Services within the Client organisation including any outcomes, decisions, recommendations or actions that may result from the Services provided by the Company.
3 Substitution
The Company will seek to satisfy the Client’s request for a specific individual but reserves the right to provide an alternative individual in the event of illness or other unforeseen circumstances.
4 Cost of services
The Company shall provide the Client with details of the services to be provided and the costs of such services. The Client agrees to pay the Company within 30 days of receipt of invoice.
5 Cancellation
In the event that the Client cancels the Agreement the Company will charge for all work undertaken prior to cancellation plus any expenses incurred. In the event of cancellation of work with less than 14 days notice the Company reserves the right to invoice the Client an amount equal to 25% of the total fees due for the Services that were to be provided.
6 Postponement by the client
A postponement by the client shall be no more than 60 days unless otherwise agreed by the Company. Any postponement by the client that continues for a period greater than 60 days shall be regarded as cancellation, unless otherwise agreed.
7 Confidentiality
All information relating to the work carried out under the terms of this Agreement and all other information which may come to the Company’s knowledge with regard to the business of the Client shall be treated as strictly confidential unless already within the public domain.
8 Warranties
The Client hereby warrants that:
a) appropriate resources are available from the Client to support these Services
b) budget approval exists to meet the agreed costs of the Services
9 Breach
If either party is in breach of this Agreement the injured party may give written notice thereof. If such breach is not resolved within 30 days this Agreement may be terminated. Any such termination will be without prejudice to any legal rights of the injured party.
10 Liability
The liability of either party shall not exceed that of the agreed value of the cost of services.
11 Provision of services
Services shall be provided according to dates set out in an agreed schedule of work. Such dates may be rescheduled by mutual agreement.
12 Delay due to exceptional circumstances
Either party may request a delay to the provision of Services in the event of circumstances beyond their control. Such delay shall not exceed 60 days without the agreement of the other party.
13 Law and Jurisdiction
This Agreement is to be read and construed in accordance with English Law. Any dispute arising from this Agreement shall be subject to the jurisdiction of the courts of England and Wales