General Contract Terms

In the event of a specific contract not being agreed, below are our general consultancy and training terms. These will be used in all cases where a specific contract is not agreed prior to commitment by both parties.

Purpose of the Agreement

  • To create a flexible service framework within which RapidBI can advise and support the Client.
  • To provide the conditions in which the Client’s growth and development objectives are the normal, continuing focus of RapidBI’s services.

Nature of Services

  • Coaching is the continuing service provided by a consultant to the Client, and need not be related to nor conditional on Client take-up of other services offered by RapidBI.
  • Equally, this Agreement need not constitute the entirety of RapidBI’s services to the Client.  Whether delivered by Business Advisers, RapidBI’s Specialist Advisers, RapidBI’s Agents or Consultants, or other departments, the Client may qualify for other services, subject to separate agreement.
  • The Client’s nominated contact is Mike Morrison unless otherwise stated, who will be termed the Account Manager (“AM”).  Beyond the direct involvement of the AM with the Client, the AM will be responsible to the Client for the management of any broader relationship with RapidBI.
  • If the AM identifies a particular need to introduce another consultant to the relationship, the Client’s prior permission will be sought.
  • RapidBI reserves the right to change the AM at its discretion but would normally do so only at the request of the Client, or if the AM is ill.  If the AM leaves RapidBI’s employment, a replacement AM will be made available.

Duration, Payment, Termination and Amendment

  • This Agreement takes immediate effect.
  • RapidBI undertakes to provide the service stated in the attached proposal.
  • If the agreement is for a fixed number of days (consulting agreement) the time agreed is for the sole use of the Client, and RapidBI will report at regular, agreed intervals on the usage and application of that time.
  • The fee cannot be altered during the course of this Agreement unless it is superseded by a new Agreement.
  • For a consulting service, either party has the right to terminate this Agreement by giving 1 month’s notice in writing.  If the right is exercised by the Client, the Client should pay RapidBI any outstanding balance.  In that event, the balance will be calculated by comparing pro-rata at the time of notice the proportion of the monthly instalments to the proportion of consultant’s time that has been taken up.
  • For training delivery, Programme cancellations by the client will not occur any costs if more than 4 weeks notice is given, 50% of costs if 8-28 days notice and 100% if less than 7 working days notice
  • This Agreement cannot be changed or amended in any other way.
  • This Agreement will be terminated automatically if the Client goes into receivership, administration or liquidation.

Information, Confidentiality and Publicity

  • RapidBI shall observe the confidentiality of any information supplied to it by the Client, and not disclose it to any other person without prior written permission, both during the term of this Agreement and after its termination, unless it has become public knowledge or is already in the public domain.
  • No publicity shall be given to any matters relating to this Agreement, without the Client’s prior permission in writing.
  • If requested, the Client undertakes to reply to any surveys arranged by RapidBI concerning the quality and impact of its services, and to do so as objectively as possible.  RapidBI undertakes to keep confidential any such replies, and to publicise the Client’s opinions of its services only if prior permission has been given by the Client in writing.

Liability

  • The Client acknowledges that RapidBI adviser services are by way of advice, assistance, guidance and support only, whether delivered directly or through its agents.  They do not constitute direction nor instruction to act: they are purely for consideration by the Client.  Related decisions and their consequences are the responsibility of the Client alone.
  • RapidBI will make every effort to ensure reasonable standards of skills, integrity and reliability amongst its employees and agents, but neither RapidBI nor its directors shall be liable to the Client for any loss or damage that the Client may suffer subsequent to the signing of this Agreement.
  • Neither party shall in any circumstances be liable to the other for any indirect or consequential loss from whatever cause, in particular: loss of anticipated profits, goodwill, reputation or losses or expenses resulting from third party claims.

Copyright and Property Rights

  • Unless agreed between both parties in writing, the Client has absolute ownership of copyright and any other proprietary rights in all documents and information provided through the exercise of this Agreement.
  • RapidBI retains all rights to processes and written material developed prior to, independently or subsequent to this Agreement.

Fees

  • The client shall pay RapidBI in consideration of their services a fee of £xxxx per day or £yyyy per half day exclusive of VAT, payable monthly in arrears for delivering training events
  • Expenses – will be charged at cost,  Mileage at the current HMI rate. Overnights stays will incur a £25 per night subsistence charge (unless included within hotel rates)
  • RapidBI shall render monthly invoices to the client in respect of fees referred to above and show VAT separately on such invoices.  The Client agrees to pay all invoices within 28 days.
  • RapidBI shall be liable for all income tax liabilities and NI in respect of its fees.
  • Where travel outside the EU is required, RapidBI expect all fights and accommodation to be paid for in advanced and tickets/ room booking confirmation to be sent at least 7 days in advanced. Failure for this to happen will result in us assuming cancellation at full rate.
  • Where delivery is expected at more than 50 miles from RapidBI’s address for a morning start, then hotel accomodation is expected for the night before.Rates will be charged at cost at the nearest available franchise hotel chain.

Force Majeure

  • If either party is unable to perform its obligations under this Agreement as a result of a Force Majeure event, then that party’s obligations shall be suspended for as long as the Force Majeure event continues.
  • As soon as reasonably possible after the cessation of the Force Majeure event, notification shall be given in writing and the obligations of this Agreement shall be resumed.

General

  • This Agreement embodies the entire understanding of the parties concerning consulting services, and there are no promises, terms, conditions or obligations other than those it contains, whether oral or written, express or implied.
  • The Client shall not be entitled to assign or transfer the benefit of this Agreement.

The terms and conditions set out here are intended to be as comprehensive as possible but by the very nature of emerging and evolving law cannot be guaranteed to be complete.

Privacy

RapidBI will take appropriate steps to protect your privacy. Whenever you provide sensitive information, we will take reasonable steps to protect it. We will also take reasonable security measures to protect your personal information in storage. When a person downloads a resource, the email address of the down-loader is made available to the webmaster. We will not provide any of your personal information to other companies or individuals without your permission.

Price

All prices are subject to change without notice. Unless otherwise agreed in writing, all orders are executed subject to prices ruling at the date of dispatch and not RapidBI price list, whether published or not, shall affect the right of RapidBI to charge for goods in accordance with this clause. All prices unless otherwise stated exclude VAT at the prevailing rate. VAT is chargeable in all EU countries. RapidBI is registered for VAT in the UK number GB 860 5776 02.

Alterations

The above terms and conditions may be changed without notice to comply with regulations. This may result in facilities or approvals being withdrawn without notice in order to comply with the regulations that govern the operation of this site.

No Waiver

RapidBI’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the members in performance or compliance with these Terms and Conditions.

Force Majeure

RapidBI cannot be liable for any breach of its obligations contained above resulting from causes beyond its reasonable control including but not limited to fires, floods or damage (of its own or other premises) insurrection or riots, embargoes, destruction of or delays in transmission, inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an ‘Event of Force Majeure’). RapidBI agrees to give notice forthwith to its users upon becoming aware of an Event of Force Majeure such notices to contain details of the circumstances giving rise to the Event of Force Majeure. If a default due to an Event of Force Majeure shall continue for more than 28 days then the party not in default shall be entitled to terminate the above terms. RapidBI shall not have any liability to its customers in respect of the termination of this agreement as a result of an Event of Force Majeure.

Jurisdiction

The laws of England and Wales apply to the jurisdiction and governance of this site, our products and services.

For a written copy of our Terms and conditions of business please email contract AT rapidbi.com or use the contact us page.

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