1.0 OAKLEY ECOLOGY
1.1. Oakley Ecology is registered in England and Wales as a limited company, no. 9441987.
2. REGISTERED OFFICE
2.1. 4 Stockwell Avenue, Wootton, Northampton, NN4 6JZ
3. OUR AIM
3.1. We aim to offer a reliable survey and consultancy service at a competative cost.
4. OUR COMMITMENT TO YOU
4.1. We will:
- Give you advice and support from day one
- Explain our work clearly and will avoid using complicated technical terminology
- Ensure you are advised in writing of any costs associated with our work
- Survey and report with scientific integrity
5. TERMS AND CONDITIONS OF BUSINESS
5.1. The following terms and conditions of business (“Terms”) give details of the basis upon which we will provide our consultancy services and should be read in conjunction with any accompanying correspondence.
5.2. Any dispute or legal issue arising from them will be determined by the law of England and Wales and considered exclusively by the English and Welsh Courts.
5.3. Unless otherwise agreed in writing, or unless superseded by a later edition of these Terms, these Terms establish and represent the entire agreement between us and supersede any previous or other agreement and shall apply without variation to all present and any future instructions given to us by you.
5.4. Although your continuing instructions will amount to acceptance of these Terms, it may not be possible for us to start or continue work on your behalf until one copy of them, signed by you, has been returned to us.
6. HOURS OF BUSINESS
6.1. The normal hours of opening at our offices are between 9.00AM and 5.00PM on weekdays. Messages can be left for us by e-mail outside of these hours and will be responded to within one working day.
7. RESPONSIBILITY FOR YOUR WORK
7.1. On agreeing our quote and commissioning us to work, you will be given the name and contact details of the person or persons responsible for dealing with your work. In the first instance, you should always direct inquiries to this person. We will try to avoid changing the people who handle your work, but if this cannot be avoided, we will try to inform you promptly.
7.2. We do not accept any responsibility to store your data or files and our work, including any communications between you and us, in hard copy or using digital media. Any storage of your data or files and our work is on the clear understanding that we have the right to destroy your data or files and our work after such period we consider reasonable, which may be less than one year. During our engagement we will not store or make available for retrieval your data or files and our work, whether in hard copy or digital media.
8. FEES AND EXPENSES
8.1. All of our fees and expenses (“Fees”) are quoted exclusive of value added tax (“VAT”).
8.2. If we have given you a fixed quote or estimate for our Fees, this will be based on the information available to us now and assumes that our work will not prove to be substantially more complex, require more resources or be more time consuming than is normal for that type of work. We reserve the right to revise our fixed quote or estimate for our Fees if we are required to do work that is additional to that which can be anticipated at the outset, or if you instruct us to carry out further work. If we have to carry out additional work; suffer disruption in our performance because the project is varied by you; because additional services are performed by agreement with you; because of any delay by you in fulfilling your obligations; in taking any steps necessary for the execution of our work; because we are delayed by others (or by events which were not reasonably foreseeable); because of other reasons beyond our control then you shall make an additional payment to us in respect of the additional work carried out and additional resources employed.
8.3. In other cases our Fees will be calculated mainly by reference to the amount of time actually spent by our surveyors and other staff carrying out any work which we are instructed, expected or required to do on your behalf. This will include time spent travelling to and from our place office or home; meetings with you and others; reading and working on papers; preparing and approving documents and drawings; correspondence; e-mail; making and receiving telephone calls; preparation of any detailed costs calculations. Hourly and daily rates for Fees on a time charging basis are quoted or estimated unique to each instruction to reflect the diverse demands of our work.
8.4. If, for any reason, your instructions do not proceed to completion, then unless we have agreed otherwise in writing, we will be entitled to charge you for our work done, including work of an administrative nature and any expenses incurred. Our minimum Fees in those circumstances is one hundred Pounds Sterling plus VAT.
9.1. In the course of discharging your instructions, we may need to incur some additional costs called disbursements. Examples of disbursements include obtaining an Ordnance Survey tile for your tree survey, or obtaining biological data from a wildlife trust or local authority records centre for your extended phase 1 habitat survey report. We will advise you of the requirement for us to incur such costs and the likely expense to you as the matter progresses. You should be aware that under normal circumstances we invoice for disbursements separately and in addition to our Fees. We are entitled to the reimbursement of disbursements at cost plus a handling charge of £25+VAT. Disbursements are quoted exclusive of VAT. If you instruct us to procure disbursements on your behalf, and then cancel your survey for any reason, you are still liable for the disbursement costs plus our handling charge of £25+VAT.
10.1. We will not undertake any work without being instructed to do so in writing.
10.2. We will accept confirmation to complete work via email or by written letter in the post to the registered business address. Confirmation by email or post will constitute your unequivocal agreement to these Terms.
10.3. In the highly unlikely event of any dispute, you accept that a returned e-mail or written letter is considered as binding as a physically signed copy.
11. BILLING AND PAYMENT
11.1. Unless otherwise agreed in writing, payment in full is due immediately upon receipt of your instructions.
11.2. On receipt of your instructions we will normally submit an invoice for the work within 24hrs. Payment should be made via Bankers Automated Clearing Services (BACS) or other bank transfer although we also except cheques made payable to ‘Oakley Ecology’. Banking details will be provided via the invoice.
11.3. In all other circumstances, including for example reports and drawings of an urgent nature, we will issue our work to you once we are in receipt of your payment, which must be within 30 days of the tax date of our invoice.
11.4. You are liable for any costs (including but not limited to interest; compensation; our Fees; disbursements) involved in recovering outstanding Fees including those levied by the us in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and those levied by third parties including but not limited to Debt Collectors, Solicitors and the Courts.
11.5. Receipt of your payment does not constitute our acceptance of your instructions and we reserve the right to return your payment and decline to accept your instructions.
12. TERMINATION, CONSUMER PROTECTION AND REFUNDS
12.1. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you have seven working days to inform us of your cancellation, which must be in writing. If you meet these criteria you are entitled to a fee wavier or refund of monies paid.
12.2. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are not entitled to any fee wavier or refund: where our work commences or is due to commence within seven working days of your instructions; if you wish to cancel after this period has expired; once we have started work.
12.3. We may decide to stop working for you if there is or may be a conflict of interest, where you fail to produce satisfactory evidence of identity, or where there is another good reason (such as failing to pay a bill in accordance with these Terms). We will give you up to 24 hours notice in writing (which may be by e-mail) if we decide to stop working for you. If you or we decide that we will no longer work for you, you will pay our Fees up until that point with immediate effect.
13. DATA PROTECTION
13.1. We will use the information you supply primarily to provide you with our services and for related purposes including: updating and enhancing client records; management and analysis of our company and its performance; statutory returns; legal and regulatory compliance. Our use of this information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. We may sometimes have to give your information to third parties such as your other professional advisors and local authorities and public bodies. You have a right of access to the data we hold about you. We may from time to time send you information we think may be of use to you. If you do not want to receive this information, please notify us in writing.
14.1. We will provide you with an estimated programme for our works either in our quotation or shortly after accepting your instructions. We will not be liable for any delays in performance caused by circumstances beyond our reasonable control and will be entitled to a time extension for such performance. We may subcontract some or all of our obligations to a competent third party. Where we request documentation or information from you or other parties we expect to be in receipt of this information within a reasonable period, otherwise this will delay the performance of your work.
15. HARD COPIES
15.1. We do not provide paper and other physical or hard digital media copies of our work unless otherwise stated explicitly in our quotation at the outset. All works and communications will be electronic for speed and environmental sensitivity.
16.1. Information provided to us by you or third parties will be relied upon and will not be verified or checked for accuracy by us. We cannot guarantee the accuracy of survey data where there is no easy access to the subject or in the event we are supplied with inadequate documentation or information on which to base our work.
17. SITE ACCESS
17.1. You are exclusively responsible for making all necessary arrangements to grant us access to your site and to secure it after we have left. We require free and unfettered access to relevant areas of the your site or property. Access must always be arranged in an appropriate time frame and not less than one working day before we are due to visit your site. We do not hold, collect, drop off or post keys.
18. SITE PLANS AND DRAWINGS
18.1. You are responsible for supplying us with suitable plans and drawings of your site. We will use plans/drawings provided by you in order to interpret survey findings, these plans/drawings will supplement our reporting of site surveys.
19. LIMITATION OF LIABILITY
19.1. We maintain adequate professional indemnity insurance policies at all times, however, in no circumstances whatsoever, including negligence, shall we be liable to you or any other third party for indirect or consequential loss of revenue, profit or business opportunity (list is not exhaustive).
19.2. You acknowledge and accept that our Fees do not contain a sufficient premium to cover the risk of our unlimited liability and that a limit of liability is therefore reasonable in any and every circumstance or eventuality. Without prejudice to the remainder of this clause, our absolute maximum liability will be limited to an aggregate equivalent to no more than five times our Fees, up to a maximum of fifty thousand Pounds Sterling. We have no further liability to you or any other third party in connection with our work. You agree not to pursue any claim, issue or other legal proceedings against any individual including shareholders, directors and employees of Oakley Ecology Ltd for any reason.
19.3. We will not be liable to you for any losses, damages, costs or expenses (“Losses”) if such Losses are due to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than a member of permanently employed staff at Oakley Ecology Ltd.
19.4. Details of our professional indemnity insurance cover and provider are available upon request.
firstname.lastname@example.org 01403 617 058