Current Version: PEX2 - Terms And Conditions - V4 - 26.04.18
Last Updated: June 5, 2018
Terms and Conditions of Business
A. “Excellence Squared Group Ltd” shall mean Excellence Squared Group Ltd of Unit 26, Eldon Business Park, Eldon Road, Chilwell, NG9 6DZ.
B. “The Customer” shall mean the other party to this Agreement who acknowledges that they have had the opportunity of reading this Agreement and has agreed to be bound by its terms.
- Excellence Squared Group Ltd is engaged in business support and development services for Customers wishing to improve their business.
- The Customer has requested service/s from Excellence Squared Group Ltd and has asked Excellence Squared Group Ltd upon the following terms to engage an associate to deliver the service/s.
“SERVICES” means a service/s the Customer has agreed Excellence Squared Group Ltd to provide for example, assessment, advice, workshops.
“ASSOCIATE” means either a suitably qualified individual who have been contracted by Excellence Squared Group Ltd to deliver the service/s.
2. Obligations of Excellence Squared Group Ltd
Excellence Squared Group Ltd will provide the following service/s;
2.1.1 Maintain effective communication with the Customer through the nominated contact.
2.1.2 Appoint the Associate having regard to the Customer’s requirements with a view to ensuring that the Customer and Associate are well matched.
2.1.3 If at any time there is a dispute that arises between the Customer and the Associate then Excellence Squared Group Ltd will endeavour to resolve that dispute and failing resolution will take steps to locate another suitable Associate as quickly as possible.
2.1.4 To provide support to both the Customer and the Associate throughout the delivery of the service/s and in particular to respond in such a way as Excellence Squared Group Ltd may feel appropriate to any requests arising out of the service/s plan agreed with the Associate.
2.1.5 To provide quality assurance.
2.1.6 Notify the Customer in writing in advance of any change to the daily fee rate.
2.1.7 Provide the Customer with information regarding the process e.g. the fees to deliver the service/s.
2.1.8 Assist the Customer in identifying areas for improvement.
2.1.9 Act in a professional and courteous manner.
2.1.10 To deploy only suitably qualified personnel.
2.1.11 The Customer is advised that under no circumstances can an Associate be appointed for an assessment in circumstances where the particular Associate has been responsible for advising the Customer. The Customer hereby accepts that if the Customer seeks the help of an Associate independently or via Excellence Squared Group Ltd, Excellence Squared Group Ltd will not allow that Associate to undertake an assessment and a new Associate will be appointed.
2.1.12 In the event of any delay occurring in the delivery of service/s Excellence Squared Group Ltd will consult with the Customer and where that delay appears to be unreasonable and in any event, exceeds 72 hours in duration Excellence Squared Group Ltd will use its reasonable endeavours to appoint a new Associate to deliver the service/s.
2.1.13 Excellence Squared Group Ltd agrees to maintain as confidential, and not to use or disclose to any third party, any information derived from the Customer in connection with the delivered service/s without the consent of the Customer, except to the extent that it is reasonably necessary to enable the Associate to carry out the service/s in accordance with the terms of this Agreement. Such obligations shall continue in full force and effect throughout the term of the Agreement. This restriction does not apply to such information which is or shall lawfully become part of the public domain.
2.1.14 Excellence Squared Group Ltd reserves the right to undertake a credit check on Customers prior to delivering any service/s. If this check raises any concerns Excellence Squared Group Ltd reserves the right to request payment for service/s in advance, however Excellence Squared Group Ltd will contact the Customer to arrange a suitable and effective way forward.
Prior to the visit the Associate will;
2.2.1 Contact the Customer to agree actual date(s) for the service/s to be provided
2.2.2 Request any relevant documentation from the Customer.
2.2.3 Prepare and plan for the deliver of the service/s.
2.2.4 Provide guidance to the Customer in advance of the agreed dates, e.g. the selection of people for interview.
During the visit the Associate will;
2.3.1 Minimise the disruption caused to the Customer by the delivery of the service/s.
2.3.2 Deliver the service/s in a professional, unbiased and effective way.
2.3.3 Provide the Customer with feedback and the opportunity to feedback to them.
Following the visit the Associate will;
2.3.1 Where appropriate develop a clear and accurate report of any findings.
2.3.2 Where appropriate provide the Customer with verbal feedback on any findings.
2.3.3 Where appropriate arrange for any relevant committee/panel to consider the report.
3. Customer’s Obligations
The Customer agrees to the following requirements;
3.1.1 Comply with reasonable requests for information from Excellence Squared Group Ltd.
3.1.2 Inform Excellence Squared Group Ltd of any significant Customer, staff or senior management changes where appropriate.
3.1.3 Identify a member of staff to be the contact person for Excellence Squared Group Ltd through whom all information can be channelled.
Prior to the visit;
3.1.4 Where appropriate provide Excellence Squared Group Ltd with information which identifies Customer changes.
3.1.5 Provide any documents Excellence Squared Group Ltd may require.
3.1.6 Confirm dates for the delivery of service/s and make every endeavour to ensure that staff are available.
During the visit;
3.1.7 Provide the Associate with facilities appropriate for delivering the service/s.
3.1.8 Provide the Associate with access to both information and areas as appropriate to the service/s being delivered.
3.1.9 Accommodate any reasonable requests to change or extend the service/s plan.
Following the Visit;
3.1.10 Agree to address any highlighted action within specified timescales.
3.1.11 Abide by any relevant conditions of accreditation, recognition and/or certification.
3.1.12 Assist in any quality surveys undertaken by Excellence Squared Group Ltd to establish the level of service given either by Excellence Squared Group Ltd or the Associate.
3.2 The Customer shall advise the Associate of the rules and regulations which are then in force for the conduct of visitors at their premises.
3.3 The Customer shall pay the charges of Excellence Squared Group Ltd in respect of the service/s by the due date on the invoice. Excellence Squared Group Ltd reserves the right to raise interim invoices for its service/s at each appropriate stage. Any initial accreditation and/or ongoing accreditation/certification will only be released by Excellence Squared Group Ltd on receipt of payment of any outstanding invoices due. Also refer to clause 2.1.14.
4.1 Excellence Squared Group Ltd shall not be required to fulfil its duties and obligations under this Agreement if Excellence Squared Group Ltd is prevented from fulfilling its duties and obligations by any acts or omissions of the Customer.
4.2.1 Excellence Squared Group Ltd shall have the right to terminate this Agreement if, having raised an interim invoice for its service/s, the invoice remains unpaid for 14 days hereafter
4.2.2 Without prejudice to any other rights of Excellence Squared Group Ltd if the Customer fails to pay the invoice price by the due date the Customer shall pay interest on any overdue amount from the date on which payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 4.5 per cent per annum over the base rate from time to time quoted by Barclays Bank Plc and reimburse to Excellence Squared Group Ltd all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
4.3 Either party may terminate this Agreement immediately by written notice in the event of a breach of its terms by the other party.
4.4 The Customer is hereby advised that Excellence Squared Group Ltd has a Cancellation Policy which can be accessed in full via Excellence Squared Group Ltd’s website or through contacting Excellence Squared Group Ltd directly.
4.5 Excellence Squared Group Ltd reserves the right to remove any accreditation and/or certification previously applied if payment is not received by the Customer for services provided as stated in clause 3.3.
5.1 The Customer is specifically advised that where the Associate is independent of Excellence Squared Group Ltd, Excellence Squared Group Ltd can accept no liability of any kind for the acts or omissions of the Associate save where such liability arises directly as a result of Excellence Squared Group Ltd’s own negligence.
5.2 Excellence Squared Group Ltd shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by factors outside of its control.
6. Governing Law
6.1 The validity construction and performance of this Agreement shall be governed by English Law.
7. Entire Agreement
7.1 This Agreement embodies and sets forth the entire Agreement and understanding of the parties and supersedes all prior oral or written Agreements understandings or arrangements relating to the subject matter of this Agreement.
8.1 Any notice to be given under this Agreement shall be in writing and shall be deemed to have been duly given if left at or sent by first class post, registered post, telex facsimile or other electronic media to a party at the address or relevant telecommunications number for such party or such other address as the party may from time to time designate by written notice to the other.
8.2 Any notice or other document shall be deemed to have been received by the addressee two working days following the date of despatch of the notice of other document by post or, where the notice or other document is sent by hand or is given by telex facsimile or other electronic media simultaneously with the delivery or transmission.