Terms & Conditions
Terms & Conditions April 2018
- The Consultants are Barkley Ltd of Ransom Hall, South Ransom Wood Business Park, Mansfield, Nottinghamshire, NG21 0HJ or such other address as the Consultants shall advise the Client.
- The Client is the person who is the beneficiary of the Service provided by the Consultants.
- The Service will be agreed between the Consultants and the Client at the outset and before any service is provided. The Service is strictly personal to the Client and any liability is limited to the Client only.
Obligations of the Client
- The Client, or in the case of a client under 18 years of age their parent or guardian:
- Will provide the Consultants with full detailed and accurate information and facts regarding the Service to be provided. This obligation will continue until the Service is completed.
- Accepts that the Service will be provided on the basis of the information provided by them to the Consultants and that any issues arising from facts not disclosed to the Consultants shall be their own responsibility.
- Accepts that the Consultants will only provide the Service to their own professional standards. If the Client insists on wanting less than that, they will be asked to sign a form accepting that all risk is their own. The Consultants may choose to terminate their Service and the Client shall pay immediately all costs incurred up to that point.
- If the Consultants ask for further details or documentation in order to complete the Service then the Client will answer such requests as soon as possible.
- The Consultants will explain the Service being offered to the Client. The Client must ask for clarification of any points they do not understand. When they are aware that the Consultants have started providing the Service it will be assumed they understand and consent to what the Consultant is doing on their behalf, unless the Client informs them otherwise. If the Consultants are not convinced that the Client does understand they can refuse to act further and be paid for the work already undertaken.
- The Client will co-operate with the Consultants in all matters relating to the provision of the Service and respond promptly to any email, letter, telephone call etc. received from the Consultants.
- Should the Client fail to co-operate with the Consultants then the Consultants will be entitled to terminate any contract for the provision of Services without any liability.
- The Client is aware that the Consultants are not solicitors with a current practising certificate.
- The Consultants will provide the Client with details of the Fees payable before the start of any Service and agree with them the method of payment. If the Client does not comply with that agreement the Consultants will be entitled to terminate the Service without any liability.
- The Consultants may provide the Client with a Fixed Price for the Service or may provide an Hourly Rate with an estimate of what the final charge will be. If the final fee appears it will be over ten per cent more than the estimate then the Client will be informed. The Client can then either agree to a new estimate, or the contract will be immediately terminated and payment be due for the work already done.
- Payment of the Fee shall be due fourteen days from the date of the invoice.
- Should any Fee not be paid as above then the Consultants shall have the right to charge interest at 4% above the Bank of England base rate from the date the Fee was due for payment until payment is made in full.
Termination of the Contract
- If the Client terminates the contract before the agreed Service has, in the opinion of the Consultants, concluded, any agreed Fee not paid shall remain payable.
- The copyright in any documents or presentations drafted and supplied by the Consultants shall remain the property of the Consultants but the Client will be given an indefinite Licence to use them for the purpose of their current business carried on at the time of the Contract with the Consultants. If the Client wishes to use the documents for another business they carry on they must first obtain a Licence from the Consultants to do so.
- Under no circumstances must the Client reproduce or in any way sell any documents produced by the Consultants or pass them to a Third Party. If they do so the Client will be liable for breach of copyright and immediately liable to the Consultants in damages.
- The Consultant will provide the Service with reasonable care and skill and in accordance with the current laws and regulations.
- If the Consultants performance of their obligations under the Contract for the Service is prevented or delayed by any act or omission of the Client, the Consultants shall not be liable for any costs or losses incurred by the Client that arise directly or indirectly from any such loss or delay.
- If the Consultants are prevented from completing the Contract agreed for reasons beyond their control, they will complete it as soon as is possible without any recompense to the Client or, if it will not prove possible to do so within a reasonable time, then the Contract shall be terminated.
- Any complaints about the Consultants or the Service shall be made to the Consultants in writing. The Consultants are able to disclose details about the Client and the Service provided to their advisers.
- All information provided by the Client to the Consultants will be kept entirely confidential and such information will only be released to a third party with the explicit consent of the Client. However, the Consultants are obliged to disclose confidential information without the consent of the Client when their duty to society at large takes precedence over their duty to the Client.
Data and GDPR
- These Terms and Conditions shall be governed by the laws of England.
Company Number: 11065020