TERMS AND CONDITIONS OF BUSINESS
These terms and conditions (“the Conditions”) alone shall govern and be incorporated in every contract for the provision of services (“the Services”) by or on behalf of eccora Ltd (“the Company”) with any person (“the Client”). Using the services of the Company will signify your acceptance of our Terms and Conditions of Business.
***UPDATE*** COVID-19 crisis
Like many small businesses we depend heavily on a stabile cashflow. We hope that clients will respect and adhere to our 30-day payment terms during the current COVID-19 crisis.
For the foreseeable future, we are introducing changes to out terms and conditions: any invoices that have not been paid within 60 days of the first invoice date will receive a late payment charge invoice of 7.5 per cent of the total. If invoices remain unpaid at 90 days after first issue date, an additional invoice of 10 per cent of the total will be issued every 30 days. This is without prejudice to any of the Company’s other rights and remedies in respect of such breach. By instructing eccora you accept these terms and conditions of business.
ESTIMATES & PRICING
- Unless otherwise stated, all estimates are intended as a guide. Estimates will remain valid for a period of three months from the date of submission and, unless specified, exclude all taxes. Estimates are not to be construed as an undertaking or warranty as to results.
- Terms of payment are strictly net, unless otherwise stated in writing. The Company will submit invoices in respect of the actual charges incurred by the Company at monthly intervals which are payable in Sterling and due for payment within 30 days of the date of invoice. Time of payment shall be of the essence of the contract between the Company and the Client.
- The Company reserves the right to set a credit limit against each client and reserves the right to suspend all assignments when payment has not been received by the due date or where such credit limit is reached or exceeded. Additionally, we reserve the right to seek pre-payment or adequate funds on account in advance of carrying out any work. This may be required for new clients, or in cases where an existing client has previously been a bad debtor, or where the client is in a poor financial position.
- Please note that for all invoices that have not been paid within 90 days of the first invoice date, we will invoice an additional 7.5 per cent of the total for late payment and administrative charges. If the invoices remain unpaid at 120 days after first issue date an additional invoice of 10 per cent of the total will be issued every 30 days. This is without prejudice to any of the Company’s other rights and remedies in respect of such breach.
- Questions arising from the submission of an invoice or conduct of an assignment will not be entertained by the Company unless raised prior to the due date for payment.
INSTRUCTIONS & PAYMENT
- All oral instructions must be confirmed in writing. We accept no liability for any misunderstandings or misinterpretation of oral instructions.
- It is important that we are able to identify who is responsible for settlement of all our invoices and for reimbursement of all our costs and expenses. Unless we have a written agreement with a third party, we will always consider the instructing party as our principal/client and therefore also as the one responsible for costs and payments in the case. Payment for our Services is not dependent on funds being received by the Client from any third-party.
COMPLETION OF SERVICES & FORCE MAJEURE
- The Company shall not be liable to the Client in any way whatsoever for any delay in completing the Services agreed upon by the Company and the Client. The Company reserves the right to suspend the provision of any Services which have not been carried out by virtue of any cause over which the Company has no control.
USE OF REPORTS & FILES
- Reports shall be submitted by the Company to the Client will remain the property of the Company and are not transferable to any third party.
- No report shall be used by the Client until payment has been made, at which time ownership in any report shall pass to the Client.
- Subject to Condition 2 the Client shall indemnify the Company from any liability, costs and other expenses directly or indirectly incurred or suffered by the Company in connection with claims or proceedings brought against the Company by third parties resulting from their actions in accordance with the Client’s instructions.
- The Company shall be responsible towards the Client in the event of the latter suffering direct loss attributable to a wilful and/or negligent breach by the Company of any of its obligations under the contract (“the Breach”), PROVIDED always that the Company’s liability in respect of any loss (including all manner of costs, fees and expenses) shall not exceed £500,000 and for the avoidance of doubt the Company shall be deemed not to have committed a Breach when acting upon instructions from the Client.
- Information and reports exchanged between the Client and the Company are private and confidential and are accurate to the best of the knowledge of each at the time of submission. They are submitted without prejudice and are provided for the exclusive use of the Client or the Company and their agents and advisers. The content of any reports will not be divulged by either parties to any third party without the prior consent of the other.
GOVERNING LAW & JURISDICTION
- The construction, validity and performance of this Agreement will be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute arising between them.
- The eccora name and logo are trade marks and may not be used without the written permission of eccora Ltd. Furthermore, all material presented on this site, unless specifically indicated otherwise, is subject to copyright owned by eccora Ltd (© 2015 eccora).
- The material is freely downloadable for browsing purposes only. None of the material, nor its content, nor any copy of it, may be altered in any way, transmitted to, copied or distributed to any other party, without the prior express written permission of eccora Ltd. All trade marks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners, including in some instances eccora.
- This website contains general information and does not constitute advice on any specific legal matter. While eccora Ltd makes every effort to ensure that the content is accurate and up to date, nothing in these pages or in any correspondence from this company should be construed as legal advice. By using this website you confirm that you have not relied on any such content. If you require advice on any specific legal problem or matter, please contact your lawyer or Intellectual Property representative for further advice.
- eccora Ltd is registered under the Data Protection Act 1998 under Registration Number Z2009131. The company has produced a Data Protection Policy. To request a copy or to address any enquiries regarding this policy, this must be directed in writing for the attention of our Data Protection Officer.
- Under the Data Protection Act 1998, you have the right to request details of your Personal Data held or processed by us. Please send such requests in writing, together with adequate material to confirm your identity, to the address on our contacts page, marked for the attention of the Data Protection Officer.
- If you believe that any information held by us is incorrect, inaccurate or incomplete, then you must write without delay to our Data Protection Officer, highlighting the corrective action to be taken. If any information is found to be incorrect, it shall be corrected promptly.