CONSULTANCY TERMS & CONDITIONS

DEFINITIONS

In these Terms & Conditions the following definitions apply:

Assignment means the period during which the Consultant is supplied to provide services to the Client.

Assignment Fee means the Fee payable to CPL as detailed in clause 8.1 below

Consultant means an individual who is either employed directly by CPL or under a sub-contract to carry out work for the Client as part of an Assignment.

Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 that the Consultant is supplied or introduced to.

CPL means Credit Professionals Limited of PO Box 83, Crowborough, East Sussex TN6 1WH.

Engage means the engagement, employment or use of the Consultant directly by the Client or any third party or through any other employment business on a temporary or permanent basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Consultant is an officer or employee.

Introduction means (i) the Client's interview of a Consultant in person or by telephone, following the Client's instruction to CPL to supply a Candidate; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Candidate; and which leads to an Engagement of that Candidate.

THE CONTRACT

1. Consultants

  1.1 Credit Professionals Ltd (CPL) shall at all times undertake to provide skilled consultants having experience appropriate to the assignment. All consultants will be sub-contractors.

  1.2 Where particular individuals are nominated or agreed, CPL shall use its best endeavours to provide the named personnel but cannot be held responsible, under contract, from their absence through illness or other cause. In the absence of nominated individuals, CPL shall provide suitable substitutes.

2. Travel & Accommodation - Expenses

  2.1 Expenses shall be charged extra at cost and shall be calculated from the Consultants home or office to the client and return or for journeys to and from the Client's offices and those of CPL.

  2.2 Expenses shall be charged when necessary, as follows:

     2.2.1 First class train travel throughout the UK and on Eurostar.

     2.2.2 Economy class scheduled airline travel.

     2.2.3 Intermediate fares including bus or underground or taxis where appropriate.

     2.2.4 Car mileage at a rate of Ł0.55 per mile [from 1-10-2005].

     2.2.5 Where car rental is required (e.g. at an airport/rail station) it will be based on a Mercedes E200 Automatic or similar.

     2.2.6 Business Class on cross channel ferry.

     2.2.7 Accommodation, including all reasonable meals, shall be equivalent to a four star hotel including bedroom, private bath, toilet/washing facilities, private telephone and television.

3. Invoices

  3.1 On contract signing, 25% of the Consultancy Fee plus VAT. Thereafter, invoices will be raised fortnightly in advance and are payable fourteen days from invoice date.

  3.2 The assignment will not commence until the initial payment due under clause 3.1 has been received by CPL.

  3.3 Travel, accommodation and subsistence expenses shall be invoiced at cost, and will be due seven days after issue. Receipts may not be provided for all expenses, though full details will be submitted with the invoice.

  3.4 Interest and compensation on overdue accounts will be charged in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998. Payment of all charges within terms is of the essence. Failure to pay on time may cause CPL to withdraw the Consultant and terminate the assignment forthwith.

4. Cancellation

  4.1 Where CPL has contracted to provide consultancy services on dates agreed with the client and the client subsequently cancels or postpones the assignment, the following charges shall apply:

     4.1.1 Between four and eight weeks prior to the commencement of the assignment date, CPL shall be paid 40% of the agreed fee.

     4.1.2 For less than four weeks prior to the date of commencement of the assignment CPL shall be paid the full assignment fee.

     4.1.3 For the purposes of clauses 4.1.1 and 4.1.2, cancellation shall be deemed to be operative from the date upon which WRITTEN notification by the client is delivered by RECORDED POST to CPL.

     4.1.4 Where CPL cancels any consultancy assignment which it has previously contracted to provide, it shall repay in full any payments made in respect of the assignment by the clients but it is agreed that CPL shall not be liable for any further or other consequential losses suffered by the client.

5. Liability

  5.1 Whilst CPL shall seek at all times to provide competent consultants for the assignment, it accepts no responsibility for loss, damage or compensation arising out of any of the acts, omissions or advice arising from the assignment. Any expressed views or recommendations should be reviewed by the client's senior management and, only if felt appropriate, should they be implemented. Thereafter, the client should ensure close monitoring of the new procedures to ensure that the desired result is being achieved.

  5.2 In the event of a dispute arising under the agreement herein, the dispute if not agreed within two months, is to be resolved by arbitration. The parties shall agree the appointment of an Arbitrator, failing this the appointment of an Arbitrator is to be made by the person who is at the time being the President of the Chartered Institute of Arbitrators. The decision made by the Arbitrator is to be binding on the parties and the costs of arbitration are to be borne equally by the parties.

  5.3 Any disputes regarding this contract shall be resolved according to English Law and the Courts of England & Wales shall have sole jurisdiction subject to the arbitration provisions above to try disputes. The parties further agree that any dispute subject to arbitration clauses shall so far as the financial criteria permit take place at the Tunbridge Wells County Court.

6. Copyright & Confidentiality

  6.1 It is agreed that any information recorded on paper or electronically provided by CPL is deemed to be the copyright of CPL and the client shall not breach such copyright. All documents and advice will be kept by the Client only for their own internal use.

7. Consultancy Assignment Fee

  7.1 The Assignment Fee will be advised under separate cover.

Enquiry Form>>