Terms and Conditions of Business Monecosse
1. Confidentiality
Monecosse agrees to keep all information regarding the Client on a confidential basis, and not to disclose it to any third party without the written agreement of the Client. The Client agrees that brief anonymous details of the project/engagement can be used by Monecosse for reference and publicity purposes.
For its part, the Client agrees to use all reasonable efforts to ensure that the methodologies used by or created by Monecosse prior to or deriving from the the project/engagement shall be kept on a confidential basis and access restricted to those individuals who have a direct role in the the project/engagement.
2. Payment Terms
All invoices rendered by Monecosse will be payable within 14 days of the date of invoice. Invoices are issued when the project/engagement is booked.
3. Fees
Fees are as provided in appropriate documentation between Monecosse and the Client. Both parties agree that the fees represent an appropriate value for the work to be delivered.
4. Expenses
All proper and reasonable expenses incurred by Monecosse in the course of its duties for the Client will be passed on to the Client at cost and included in appropriate invoices unless agreed otherwise. Such expenses shall include, but not be limited to, car travel expenses, parking, but not parking fines, rail fares, air fares, taxis, hotels, subsistence, computer time, photocopying, slide and report production, on-line video and/or audio consultations.
5. Late Payment
Any invoices which are unpaid beyond a period of 30 days will have interest added at the rate of 3% above the Base Rate of Bank of Scotland plc per calendar month. The Client agrees that Monecosse will, at its sole discretion, stop work and cease providing services until all outstanding invoices and interest have been paid.
6. Standard of Services
Monecosse undertakes to carry out its duties with reasonable skill and care, in a professional manner and on a timely basis.
7. Cancellation or Postponement of Work
The Client accepts that Monecosse must schedule work in advance, and that there are considerable costs caused by cancellation or postponement at such notice that alternative work cannot be arranged. Unless otherwise agreed in writing, the Client agrees to pay 50% of the fees due to Monecosse for work scheduled to take place within 30 days of cancellation.
8. Independent Contractor
The Client understands and accepts that Monecosse operates as an Independent Contractor and not as an employee.
9. Limited Liability
Any liabilities caused by errors, omissions or breach of contract by Monecosse are limited to the contract price already invoiced and paid by the client.
10. Consequential Loss
Monecosse shall not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our contracted service – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
11. Ownership and Intellectual Property
a) The Client is entitled to ownership and copyright of all content generated during the engagement.
b) The Client is specifically excluded from ownership, copyright and intellectual property rights pertaining to tools, methods and processes owned by Monecosse unless explicit rights have been granted by Monecosse within a written contract which constitutes a licence.
c) The provisions of this Clause 11 shall survive the expiry or termination of the assignment.
12. Nature of the Work
Monecosse are business consultants and as such any decision taken as a result of work generated or provided by Monecosse is at the sole discretion of the Client.
15. Applicable Law
These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.