All business entered into by Results Department (RD) with the client is transacted in accordance with the terms set out here. These terms supersede any previous terms. Variations to these terms are only effective if agreed in advance and in writing by both parties.
Quotations and Acceptance of Proposals
All fees for a given project will normally be quoted and agreed with the client in advance.
Proposals and quotations will be made based on the information provided at the time and shall remain open for acceptance for 30 days from the time of issue. The client’s acceptance of RD’s proposal and quotation is subject to agreement of these terms, which shall be taken to be a contractual agreement between RD and the client.
Client briefs will only be accepted when supported by an official purchase order or written confirmation.
In the event of subsequent changes made by the client to the scope of the brief RD reserve the right to adjust their fees accordingly to cover any additional time or costs involved. Any additional fees will be quoted and agreed at the time.
Should an over-run of RD’s estimated cost become likely, a new estimate will be agreed with the client before RD’s fees exceed the previously quoted figure.
Fees and Expenses
RD’s standard charging unit is an 8 hour day. Should it be necessary to extend the working day beyond 8 hours, additional fees may be charged on a pro rata basis.
The client is responsible for reasonable travel, subsistence and other expenses incurred by RD in carrying out their work. RD does not mark up expenses and reclaims only the costs incurred. Car mileage is charged according to the personal mileage scale published by HMRC.
Unless agreed otherwise, invoices will be submitted once a project is completed. Invoices are payable within 30 days of submission, by cheque or bank transfer. Payments still outstanding after 30 days will incur interest at 2% over the Lloyds base lending rate.
In exceptional cases, RD reserves the right to seek a proportion of the fee in advance of starting work on the client’s behalf. The balance is then due within 30 days of the final invoice.
If the client prematurely terminates a project, RD will be entitled to payment for their work up to the date of termination. In such cases RD will retain copyright of work completed on the client’s behalf and the client will absolve RD of any responsibility for loss of income or other costs or damages suffered by the client or other third party.
Limit of Liability
RD’s liability is limited to the fees charged for a project, or £50,000, whichever is the lower, and RD bears no responsibility for consequential losses of any kind.
While every effort is made to ensure that work carried out by RD is prepared with appropriate care on the basis of information made available by the client, it is the responsibility of the client to ensure that work supplied by RD complies with all relevant laws, regulations and other statutory instruments that may apply to content or terminology used in the work, that all facts are correct, and that they have the legal right to use illustrations, photographs, trade marks, logos or any other item that forms part of the completed work.
Copyright and Intellectual Property
Copyright to all work produced by RD will rest with RD until payment is received in full, whereupon it passes to the client. Until such time any unauthorised copying, reproduction, distribution or publication will constitute an infringement of the Copyright Designs and Patent Act 1988 and may expose the client to legal action.
RD is not liable for any breach of copyright on materials supplied by the client. All materials supplied to or by RD will be treated as confidential and not disclosed to any third party without the client’s consent.
On receipt of the final payment for a project or phase of a project, RD grants the client an irrevocable licence to exploit any intellectual property which they created in the course of the project, other than as limited by obligations of confidentiality.
In all cases RD reserves the right to use selected extracts from the work for promotional purposes.
RD does not discuss its clients with third parties without permission. However RD may refer to the experience gained on previous projects on an anonymous basis.
Referral and Recommendations
In the course of their work, RD may suggest possible suppliers of goods and services, who may then deal with the client directly. Any opinion RD may give about the suitability of these suppliers is formed only from their own statements and RD’s own experience of them, and does not constitute due diligence. As such, RD cannot be held liable for the performance or otherwise of these organisations.