TERMS OF BUSINESS
Definitions
For the purposes of this document, the Consultant is David Edwards trading as M4MAC. The Client is anyone or any organisation hiring the services of the Consultant and includes all employees and agents of the Client.
Fees
The professional time of the Consultant is billed at a Standard Hourly Rate as outlined in the Schedule of Fees unless otherwise agreed prior to commencement of work. As of June 2007, the hourly rate is £45.
In all cases, the hourly rate shall apply from time of arrival to time of departure.
The Standard Hourly Rate is applicable Monday to Friday between the hours of 9:00 am and 9:00 p.m. with the exception of Bank Holidays. It shall also apply on Saturday between the hours of 11:00 am and 6:00 p.m.
The Overtime Rate shall apply to any billable hours incurred on the Client's request outside the above hours unless agreed prior to commencement of work. in June 2007, this is applied as a 30% premium on the Standard Hourly Rate.
A minimum booking of one hour will apply to all outcall visits to the Client.
For the purposes of billing, the length of the Client call shall be measured to the next quarter hour. e.g. Actual length of visit one hour ten minutes; billed time one hour fifteen minutes.
Off site work is defined as being work conducted on behalf of the Client at the Consultant's premises. No travel time is applied to such work.
Telephone Consulting fees will be charged for all off site calls made on the Client's behalf, whether directly between the Client and the Consultant or between the Consultant and the Client's suppliers. Charges shall apply for each 15-minute block or part thereof. The only exceptions to this charge will be calls made to arrange on site appointments or calls regarding work covered under a fixed price agreement.
A fixed fee arrangement may sometimes be agreed if the required result can be precisely defined in writing. Unless agreed in writing, the value of all work undertaken will be billable as per the hourly fees described above.
Callout Charge & Expenses
Within London, a flat rate Callout Charge will apply to all on-site visits of three hours or less. As out of June 2007, this charge is £20.
Travel time outside London will be by negotiation, accounting for time spent on the journey and out of pocket expenses via rail, bus, coach or taxi.
Other expenses will be estimated upon agreement of the projects scope; if the actual expenses exceed the agreed estimate, the client will reimburse such excess expenses.
Expenses include all out of pocket costs such as travel (excepting London travel), telephone, printing and copying, postage, user fees for on-line information retrieval, computer software required to realise the clients project, publications, independent contractor assistance, and similar items. Other costs such as mileage will be treated as expenses at rates corresponding to current commercial charges.
The London travel charge applies to all bookings of two hours or less, with the exception of of visits within the boundaries of London postal districts directly bordering the Consultant's premises. In June 2007, these are located in London SW2.
Invoices and Terms of Payment
Invoices will be submitted upon completion of work. Invoices are due and payable when submitted unless prior agreement has been made by the Consultant to extend terms of payment. If Terms of Payment are extended to the Client by the Consultant, they shall be Net 30 days as per the Consultant's Schedule of Fees. As of April 2005, the hourly fee applied to Net 30 day invoices shall be £45 an hour.
A ten per cent discount may be applied by the Client to the Consultant's invoice if settled either immediately or by the tenth day following the date of the invoice.
In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, interest charges may be applied to unpaid invoices older than 30 days. Support services may be suspended to clients with unpaid invoices older than 45 days. Invoices older older than 60 days may be referred to external parties for collection or alternatively action taken through the court system.
Methods of Payment
Invoices may be settled by cash, a cheque drawn on a UK bank, money order, bank transfer, or PayPal.
Large Projects
The Consultant reserves the right to request an advance payment when undertaking a project involving a substantial investment of time. This advance payment may be by negotiation. In the case of large projects, the Consultant may at his discretion issue interim invoices for time already invested.
Expectations
The Client recognises that the Consultant undertakes to provide professional services on a best effort basis and that schedules and results are dependent on many factors beyond the Consultant's control such as suitability of equipment, software and the Client's own level of expertise in operating the equipment and software.
Liability
Not withstanding any statutory rights under the laws of England and Wales or where loss of life or limb has occurred, The Client recognises that the Consultant accepts no liability for loss of data or damage to any equipment or property.
The Client acknowledges that it is their responsibility to make, maintain and protect archives of their data and software. Client further acknowledges that the Consultant is in no way liable for the loss or damage of any data or software while using or maintaining the Client's equipment and software.
The Client acknowledges that the Consultant can accept no liability for loss of business due to failure of equipment or software or missed deadlines.
The Client further recognises that whereas the Consultant might assist in the purchase of computer hardware and software, the actual Contract of Sale is between the vendor of that item and the Client. Therefore the Client agrees that the Consultant has no liability for the failure of the said item to perform.
Self-Employment
It is understood that the Consultant and his contractors, if any, shall be self employed independent contractors with the client, and nothing herein shall be construed as designating the Consultant as an employee or agent of the client for any purpose.
Intellectual Property
The Client agrees that no right, title or interest in copyrightable or patented material developed by the Consultant shall be assumed unless prior agreement is made in writing.
Termination
The client always has the right to terminate the assignment upon written notice. In such a case, the Client has liability for fees and expenses incurred on their behalf by the Consultant through to the date when such notice of termination is received.
Confidentiality
The Consultant will regard as confidential all information concerning the affairs of the Client that is gathered during the course of the assignment. The Consultant agrees to hold such information in strict confidence, and not to disclose it to others unless such information is released into the public domain.
Amendments to this Document
The Client acknowledges that the Consultant may revise its Terms of Business and the Schedule of Fees at any time.
Acceptance
The Client acknowledges that by hiring the Consultant to perform professional services they are accepting the above stated Terms of Business.