Terms of Appointment
This document sets out the basis upon which services will be provided by Project Management & Building Consultancy Ltd, a limited liability company incorporated in Scotland number SC395242 (hereinafter referred to as “PMP”).
- PROVISION OF SERVICE
1.1 All services and advice will be provided to Clients on behalf of PMP by its directors and employees. The contractual relationship is between PMP and its Clients and all representatives of PMP in providing services are doing so on behalf of PMP. PMP excludes any liability it may have at common law. This exclusion extends to directors, employees and representatives of PMP.
1.2 The director of PMP in charge of the work in relation to which the Clients have instructed PMP (hereinafter referred to as “the matter”) will remain in charge unless the Clients agree otherwise.
- COMMUNICATION
2.1 PMP will keep its Clients fully informed about the project and will ensure in so far as it can that its Clients are kept fully informed.
2.2 The Clients, for their part, accept a reciprocal obligation to provide PMP similarly with information.
2.3 In accordance with normal business practice, and unless the Clients direct otherwise, PMP may communicate with Clients and other parties by e-mail and may act on information received by e-mail. PMP will not be responsible for any loss arising as a result of non-delivery or interception of e-mails or from acting on false e-mails. Further, while PMP aims to ensure that any virus is intercepted, it cannot guarantee that this will not occur and therefore excludes any liability for loss or damage arising from e-mail correspondence.
- EXTERNAL SERVICES AND THIRD PARTY INFORMATION
3.1 On certain occasions there may be elements of the project which are best dealt with by sub-contracting. This will only occur with Clients’ approval.
- FINANCIAL
4.1 Fees and Disbursements
It is PMP’s normal practice to agree a fee basis, including timing and method of fee agreement payment, with Clients in advance. Unless otherwise agreed, fees will be charged on the basis of the fee agreement. The fees exclude expenses and disbursements (for example long distance phone calls, fax charges, photocopying, delivery charges, travel, subsistence and accommodation expenses) which are payable by Clients in addition. PMP reserves the right to invoice all out of pocket expenses when incurred. These are payable on receipt of Invoice. Fees expenses and disbursements are due by Clients. If any third party who has agreed to meet these fails to do so, the Clients remain responsible. If during the course of any matter Clients involve a subsidiary, the Clients remain responsible for our fees.
4.2 Additional Work
In the event of any change of instruction, extra work, or alteration to the project for any reason, then the Clients will pay PMP a fair and reasonable additional amount for the extra work performed based upon our standard hourly rates.
4.3 VAT
VAT (if applicable) is charged at the current rate on all fees and on such disbursements as bear it.
4.4 Payment
Payment of fees is due on receipt of invoice. PMP reserves the right to charge interest in terms of the Late Payment of Commercial Debts (Interest) Act 1998. PMP also reserves the right to withdraw from acting for Clients if payment of fees is overdue.
4.5 Additional Costs
Where PMP take on any sub-consultants or agree to cover the cost of any services, Local Authority or other fees on your behalf, there will be a standard 20% charge added to cover administration time.
- INSURANCE and LIABILITY
5.1 PMP undertakes to maintain professional indemnity insurance for a sum considered appropriate having regard to the level of liability being assumed by PMP on the matter. PMP will advise Clients of any material change in this position and will supply details of cover on request. The aggregate liability of PMP to the Clients on any basis shall not exceed £5,000,000 GB Sterling.
- CONFLICT OF INTEREST
If PMP becomes aware of any conflict of interest it shall discuss the position with you. You should also advise PMP if you become aware of any potential conflict.
- TERMINATION
The Clients or PMP may terminate the appointment at any time by notice in writing. In this event the Clients will pay to PMP a reasonable fee for the services performed having regard to the relevant fee basis. PMP’s right to charge a fee on termination of the appointment extends to matters in relation to which a conditional fee has been agreed. PMP, upon payment of all fees then due by the Clients, will return to the Clients on request all papers and other items belonging to the Clients (subject to PMP’s right to retain copies).
- OWNERSHIP OF DOCUMENTS
8.1 All materials and documents prepared for the Clients will be held to their order subject to full payment of fees.
8.2 For the avoidance of doubt all copyright in any documents prepared by PMP remains vested in PMP.