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TERMS OF BUSINESS FOR THE SUPPLY OF CONSULTANCY SERVICES

 

1.0 Ethos I.T. means Ethos Information Technology of 43 Gorsehill Road, Poole, Dorset, BH15 3QH

1.1 “Customer” means the Company to whom invoices are addressed.

1.2 “Requirement” means a booking for the supply of personnel on a time and materials basis.

1.3 “Deliverable” means the item (solution, body of work or document) to be supplied by Ethos I.T.. When a Deliverable is to be supplied by Ethos I.T. an appendix will be attached to the Consultancy Services Booking Form describing / defining the Deliverable.

1.4 “Consultant(s)” means the individual(s) being supplied for the Requirement or provision of a Deliverable.

1.5 “Working Day” means any day from Monday to Friday (inclusive), which is not a statutory bank holiday. Ethos I.T.’s working hrs are 9AM – 5.30PM.

2.0 These Terms of Business shall apply to either:

2.0.1. The fulfillment of a Requirement through the provision of Consultants on a time and materials basis. The same terms apply to Ethos I.T. ‘s sub contractors and Ethos I.T. employees. A temporary contract will be formed between Ethos I.T. and the Customer when a request to Ethos I.T. is confirmed via the completion and return of a Consultancy Services Booking Form, or in writing / via email with a valid Purchase Order number (if applicable). Confirmation of a booking for Consultancy Services is taken as acceptance of these Terms of Business.

OR

2.0.2. The presentation of a defined Deliverable. A contract will be formed between Ethos I.T. and the Customer when Ethos I.T. are commissioned via the completion and return of a Consultancy Services Booking Form, or in writing / via email with a valid Purchase Order number. Confirmation of a booking for Consultancy Services is taken as acceptance of these Terms of Business.

2.1 For the avoidance of doubt, the Consultancy Services Booking Form will clearly state whether the booking is being made for a Requirement OR Deliverable OR both.

3.0 When sub contractors are to be used, a contract between Ethos I.T. and the sub contract Consultant will be formed. The contract requires the sub contract Consultant, as is inherent with employees from Ethos I.T. to observe the rules and regulations governing the Customer’s own staff whilst working on the Customer’s premises, including any confidentiality undertakings required by the Customer.

4.0 Cancellation of bookings made by the Customer must be presented in writing. The Customer may cancel a confirmed Requirement or Deliverable booking in accordance with the following charges:

Cancellation period Charge

More than 10 Working Days prior to commencement of the booking

No Charge

Between 10 – 5 Working Days of commencement of the booking

Charge equal to fifty percent (50%) of total price stated upon the Consultancy Services Booking Form.

Within 5 Working Days of commencement of the booking

Charge equal to the full amount of the total price stated upon Consultancy Services Booking Form.

4.1 Notification of cancellation shall be delivered personally, sent by e-mail, sent by fax or sent by first class post. Notice is deemed to have been served as follows:

(A) if personally delivered, sent by e-mail or sent by fax: at the time of delivery save that if it is served after

5.30pm it is deemed to have been served at 9am the next Working Day

(B) if posted: one Working Day after the envelope containing it is delivered into the custody of the postal

authorities.

5.0 For all Requirements and Deliverables, the Consultant(s) will record hours of work upon time sheets. These time sheets will be made available to the Customer upon their request.

6.0 Invoices for work performed by Consultants representing Ethos I.T. will be levied as follows:

6.0.1. In the case of the provision of personnel, all work performed by Consultants will be invoiced upon completion of the Requirement when shorter in duration than 1 week. When the Requirement is longer than 1 week in duration, invoices will be raised on a weekly basis. The invoice will include the agreed rate for the Consultant and any subsequent expenses incurred.

OR

6.0.2. In the case of the provision of a Deliverable, all work performed by I.T. will be in invoiced in accordance with the payment schedule stated in the appendix to the Consultancy Services Booking Form.

8.0 Payment of invoices for Consultancy Services must be received in full by I.T. within 30 days of the invoice date unless stated otherwise within the payment schedule for a Deliverable. Payment of invoices for Hardware and / or Software must be made in accordance with the Consultancy Services Booking Form and any attached appendices.

In accordance with the Late Payment of Commercial Debts Act 1998 interest will be charged on all invoices paid late. Our terms are strictly 30 days from the invoice date. The Interest rate applicable will be 2% above base rate pa (proportionately).

Ethos I.T. reserves the right to suspend or terminate the client’s services where payment is not made within 30 days of payment becoming due.

The Client shall bear the legal costs incurred by Ethos I.T. if an invoice is not paid after 30 days.

9.0 Ethos I.T. reserves the right to recover on a full indemnity basis any costs incurred collecting overdue payments.

10.0 Prior to confirming a Requirement for the provision of a Consultant, the Customer shall have the opportunity to consider the background and experience of the Consultant, as well as the right to interview him or her. Once the Requirement is confirmed the responsibility for the quality and performance of the Consultant rests solely with the Customer at all times.

11.0 In the event that the Customer is dissatisfied with the quality or performance of personnel provided, the Customer must state in writing, the basis for dissatisfaction. If, in the view of I.T., the situation merits it, I.T. will withdraw the Consultant in question immediately and will use its reasonable endeavours to provide a replacement.

12.0 Any complaint by the Customer in respect of work performed by a Consultant in respect of the techniques and methodologies used, shall be notified to I.T. immediately and by no later than 5 working days after the completion of the Requirement. Failure to do so shall absolve I.T. from any liability in respect of the Consultant provided.

13.0 Ethos I.T. accepts no responsibility for hardware or software provided by the Customer for a Consultant to work upon. It is the Customer’s responsibility to ensure that the hardware and software has been installed and configured correctly for the purpose of the Requirement or Deliverable, unless installation and configuration of the items in question is an inherent function of the Requirement or Deliverable.

14.0 When it is an inherent function of the Requirement / Deliverable to install and configure hardware and software supplied by the Customer, Ethos I.T. cannot accept any responsibility for the quality and performance of the items in question. For such items Warranties and Service Agreements must exist directly between the Customer and the supplier.

15.0 If the Customer requests that Ethos I.T.’s Consultant(s) deal directly with a 3 rd party supplier due to a Warranty or Service issue OR if the activities of the consultant(s) are delayed as a result of problems with the items in question, all such time will be deemed as chargeable beyond any time / prices quoted regardless of whether a quote was for a Requirement (time and materials) OR Deliverable (fixed price).

16.0 When it is an inherent function of the Requirement to install and configure hardware and software supplied by Ethos I.T., Ethos I.T.’s Terms of Business for Supply of 3 rd Party Goods and Services shall apply.

17.0 In producing a Deliverable, Ethos I.T. will operate within the scope of the appendix attached to the Consultancy Services Booking Form (Definition of Deliverable). When the appendix references a detailed specification for the Deliverable, Ethos I.T. will work in accordance with the detailed specification. When no such specification exists and the production of such a specification, for approval by the Customer, is NOT part of the Deliverable, the Customer must accept Ethos I.T.’s interpretation of the Deliverable and it’s component parts.

18.0 When commissioning Ethos I.T. to produce a Deliverable, the Customer accepts responsibility for ensuring any text or image (either electronic or printed) provided to Ethos I.T., does not infringe copyright or any other laws. The Customer accepts that if the use of any text or images provided by the Customer results in Ethos I.T. infringing copyright or any other laws, the Customer will be legally liable to pay any fees, fines or other costs associated with their use and publication.

19.0 Upon receipt of Sign Off from the Customer for a Requirement or Deliverable, the Customer accepts that Ethos I.T. have satisfactorily fulfilled their responsibilities. Any additional Support and Maintenance that is then required by the Customer will be beyond the scope of the booking in question. All such Support that is required will be chargeable as a separate booking for Consultancy Service OR via separate contractual mechanism for the supply of Support Services from Ethos I.T..

20.0 In no circumstances shall the liability of Ethos I.T. to the Customer exceed the cost of the Requirement or Deliverable.

21.0 Ethos I.T. reserves the right to cancel at short notice or substitute a Consultant with another of commensurate skill and certification if necessitated by circumstances beyond reasonable control.

22.0 The Customer will make no approach or offer relating to employment to the Consultant during the period of the Requirement or production of a Deliverable. Upon completion of the Requirement or Deliverable, the Customer agrees not to engage a Consultant introduced by Ethos I.T. in any form without the written consent of Ethos I.T.. Ethos I.T. reserves the right to charge the Customer accordingly for services required by the introduced Consultant. If a Consultant is engaged in full time employment by a Customer or by any 3 rd party introduced by the Customer, it is agreed the Customer shall pay an introductory fee to Ethos I.T. the equivalent of 40% of the annual remuneration package (including benefits and commission).

23.0 Any variation of these Terms and Conditions shall be ineffective unless made in writing and signed by a senior representative of the Customer and Ethos I.T..

   
 
 
 
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