Erskine | Documents
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Standard terms of business
The services
The client hereby engages the services of Erskine to undertake services detailed in schedule A. Timescales, milestones and deadlines will be carried out in accordance with schedule A.
The client will supply Erskine at the earliest opportunity with all of the information and documentation necessary to the performance of this contract. Erskine Corporation shall return all materials belonging to the client on request and in any event on termination of this contract.
Subcontractors / associates
Where appropriate for the effective delivery of this contract, Erskine may engage additional consultants or subcontract aspects of the service. These arrangements are clearly outlined in schedule B. Any change to these arrangements will be discussed and agreed with the client in advance.
Payment
Invoices will be issued in accordance with the schedule set out in schedule C.
The client agrees to pay Erskine within seven days of invoice. Erskine reserves the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.
Proposals
Proposals remain valid for 28 days from the date of issue unless otherwise stated.
Notices
Any notices to be given to the client at their head office and to Erskine at their registered office. These terms shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Project variation notices
Where variations to an agreed programme of work is specified by the client, and these variations are agreed to be likely to result in an increase in the chargeable hours, costs or expenses, a variation notice setting out the nature of the variation and the estimated adjustment to the budget, will be issued. Once issued, such a variation notice must be signed as agreed by the client prior to Erskine personnel being required to perform work resulting from the variation notice. Any work undertaken under a variation notice will be billed monthly in arrears.
Direct costs and expenses
Unless specifically included in the proposal, all expenses will be agreed in advance within an approved budget and billed, at cost, monthly in arrears. A full mileage and expenses schedule will be provided with the monthly invoice. All rates below are exclusive of VAT.
Mileage: £0.45 per mile
Accommodation outside M25 (per person per day): £65
Sustenance outside M25 overnight (per person per day): £25
Accommodation within M25 (per person per night): £95
Sustenance within M25 overnight (per person per day): £30
Printing / postage / copying / other disbursements: At cost
Trains / taxis / flights (economy class): At cost
From time to time there may be a requirement for Erskine to procure services or equipment outside the scope of this proposal. This will be carried out against a specification agreed with the client. The contract for the chosen services or equipment and responsibility for the quality of the delivered services or equipment will be directly with the client unless otherwise stated.
Publicity
The client allows use of their name and a description of the work undertaken in publicity material, press releases, websites and other media produced from time to time by Erskine. Use of detailed descriptions of the work will be subject to acceptance by the client and bound by the confidentiality agreement.
Copyright
The copyright of all intellectual property contained in all images, documents and / or presentations supplied to the client is wholly owned by Erskine unless specifically stated. Use of any of this material is strictly limited; if unsure you should contact Erskine. Erskine will credited in full as author and copyright holder in all subsequent use of such materials.
The Erskine website is governed by a separate agreement
Erskine will be free to make future use of the general market intelligence and research findings obtained during the contract.
Termination
In the event of either party being in material or fundamental breach of any of the terms and conditions of business the other may forthwith terminate the contract if the breach is incapable of remedy, or if it is capable of remedy the aggrieved party shall serve on the other seven days notice requiring such a breach to be remedied and, if such a breach is not remedied within the seven day period the contract shall automatically terminate.
In the case of dispute both parties agreed to abide by the decision reached by an independent mediator. The cost of mediation will be borne by the party against whom the judgement is made, or shared if no or equal fault is found.
Payment for any work is still due up to and including the day that the breach is notified in accordance with Schedules A, B and C.
Data protection
The company is registered with the data protection registrar number Z7034333
Insurance
Professional indemnity insurance
Erskine hold professional indemnity insurance to a level of £2,000,000 (plus costs and expenses) with Limit Underwriting Limited. Policy schedule is available on request.
Public, products and employee liability insurance
Erskine hold current employee liability insurance to a level of £10,000,000 with Royal & Sun Alliance. In addition public / products liability is also held at a level of £2,000,000. Policy schedules are available on request.
Commercial legal protection insurance
Legal expenses insurance is held with DAS at a level of £1,000,000 for employment disputes, compensation awards and £50,000 for other matters such as contractual disputes. Policy schedule is available on request.
Computer insurance
Erskine hold computer insurance which covers disaster recovery to a level of £20,000 with Royal & Sun Alliance. Policy schedule is available on request.
Computer data
Computer data is backed up daily with a copy taken off site. Some data is held on our dedicated servers at a secure data centre in Manchester which is backed up onsite.
Erskine offer to its clients facilities such as online libraries, discussion for a, secure chat services. These are governed by a separate agreement.
Virus checking software is also updated daily through Computer Associates / McAfee). Email and files are continuously checked for viruses but our responsibility is limited and governed by a separate agreement. Mail is also virus checked, cleaned and ‘spam’ removed by spamsoap
Company policies
These comprehensive policies including those on equal opportunities, employment, environment and health and safety can be viewed here
Confidentiality
Erskine hereby agree to treat as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any unpublished information relation to the client’s technology or other know-how business plans or finances or any such information relating to any subsidiary, supplier, customer or client of the client and to deliver up to the client all working papers, computer discs and tapes or other material and copies provided to or prepared by us or our employees should the current discussions terminate. Erskine further agree to procure that our employees observe the terms of this clause.
This agreement is drawn up in duplicate to be signed by both parties.
