Terminology
Client = Client Name
TBSF = Nicola Cairncross t/a The Business Success Factory
Work = any work to be undertaken on behalf of Client by TBSF and agreed by email in advance
Schedule Of Work Email = detailed email outlining scope of work
Project Specifications
A simple outline of any work called the “Schedule Of Work Email” to be undertaken shall be emailed to the Client before work is started and the Client will confirm back by email that the schedule of work is satisfactory and that work can commence.
Any substantial questions relating to the schedule and scope of work should be raised before the work is commenced. Having said that, the client is welcome to ask questions at any time, having understood that any further work requested as a result of those questions and outside the scope of the initial project should be outlined clearly, quoted for and agreed to, in a further exchange of emails.
Terms & Conditions
The client shall be given a link to the Terms & Conditions Of Business in any “Schedule Of Work Email” and it is the clients responsibility to ensure that they read and understand the Terms & Conditions Of Business and re-read them regularly and certainly every time a new project is undertaken.
Exclusivity
Exclusivity does not apply for one-off projects however if the Client is paying a monthly retainer for ongoing works or services, TBSF will undertake to remain exclusive in the market sector to that client. For avoidance of doubt, this means that, if the Client is an accountant, TBSF will only work with one accountant per town until such time as the agreement is terminated and/or the client stops paying the retainer.
Payment
Each project will be quoted for, and confirmed by the client by email in advance of the job starting. A minimum of 50-100% of the work will be paid up front, depending on the Clients ongoing financial standing with TBSF. Website Rental Fees or Monthly Retainers will be paid one month in advance or otherwise as agreed to benefit from any volume payment discounts.
Grants
If the Client applies for and is granted any Grant, for example the Train To Gain / Leadership & Management grants, the Client is wholly responsible for
1. Paying TBSF’s training fee in advance and then claiming the Grant from the local agency
2. Filling in the forms in a timely manner and ensuring the re-payment of their own grant.
Other Essential Legal Stuff
By paying for the Services offered by Nicola Cairncross t/a The Business Success Factory, the client hereby confirms that they understand and agree to these Terms & Conditions Of Business as laid out by Nicola Cairncross t/a The Business Success Factory in the Proposal email and on the website at http://BusinessSucccessFactory.co.uk and that these Terms & Conditions Of Business are legally binding.
Nicola Cairncross t/a The Business Success Factory reserves the right to amend the wording of these terms and conditions at any time, so long as the services provided as agreed with the Client remain unchanged.
In the event of a dispute regarding the above, then all costs and expenses including reasonable legal fees incurred by the prevailing party therein shall be paid by the other party.
The obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgement.
The laws of the United Kingdom shall govern the validity, performance and enforcement of this agreement.
Should either party institute legal suit or action for enforcement of any obligation contained herein it is agreed that the venue of such suit or action shall be in the United Kingdom and subscriber expressly consents to Nicola Cairncross t/a The Business Success Factory designating the venue of any such suit or action.
The provisions herein shall inure to the benefit of the parties herein and any heirs, successors or assigns and shall survive the termination or cancellation of this agreement.
