Terms & Conditions of Sale
When you engage Iron Bridge Consulting to perform work in a consulting or independent contractor capacity, you will be required to accept the Iron Bridge Consulting Terms & Conditions of Sale. Rates will be confirmed in writing before work commences.
Agreement between Iron Bridge Creative Ltd trading as Iron Bridge Consulting (hereinafter referred to as “Iron Bridge Consulting” and You, the authorised representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Technical Consultant, Management Consultant or Contractor.
The courts of England & Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
- WORK – Iron Bridge Consulting agrees to produce project deliverables (the “work”) at the request of the client for fees agrees upon in advance and delivery of the work by an agreed-upon deadline. Iron Bridge Consulting will cooperate with the client in recording, documenting and otherwise reviewing the work prior to completion and hand-over.
- AGREED HOURLY RATE – The agreed hourly rate for work carried out during normal business hours (Monday – Friday, 9:00 am – 5:00 pm) will be negotiated between the client & Iron Bridge Consulting before work commences. The agreed hourly rate is to remain confidential between the client and Iron Bridge Consulting. Iron Bridge Consulting reserves the right to change this rate periodically. The client will be informed in writing should this rate be changed during the term of this agreement.
- DAILY RATE – Where a client prefers to engage Iron Bridge Consulting at a fixed Daily Rate, Iron Bridge Consulting will negotiate with the client to an agreed daily rate for work carried out during normal business hours (Monday – Friday, 9:00 am – 5:00 pm) which is to remain confidential between the client and Iron Bridge Consulting. Iron Bridge Consulting reserves the right to change this rate periodically. The client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The client will receive an adjusted work agreement indicative of these changes.
- OVERTIME RATE – The overtime rate is applicable outside the normal business hours of 9:00 am – 5:00 pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 40 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, the client will be notified before any work is undertaken at this rate.
- EXPENSES – Travel and accommodation expenses will be charged to the client at cost. Wherever possible, travel will be at economy class rates (or equivalent), unless agreed between Iron Bridge Consulting and the client in advance of booking.
- EXCLUSIVE BOOKING – Where the client has requested the services of Iron Bridge Consulting on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for the client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
- FIXED FEE – Where the Client has requested the services of Iron Bridge Consulting to perform a defined set of deliverables for a fixed fee, Iron Bridge Consulting will negotiate with the client to an agreed fee which is to remain confidential between the client and Iron Bridge Consulting. Any request for variation or addition to the deliverables, deemed by Iron Bridge Consulting to be outside of the agreed scope, will be charged as agreed between the client and Iron Bridge Consulting. No services constituting a variations or addition to the agreed scope will be provided until the additional fee has been agreed.
- MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is cancelled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.
- PAYMENT – Iron Bridge Consulting invoices weekly. Payment by the client is required within 7 (seven) days of receipt of invoice from Iron Bridge Consulting. Iron Bridge Consulting accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent. In the case of a fixed fee, Iron Bridge Consulting’s payment terms are 50% deposit, prior to commencement of work, the remaining 50% is to be paid on completion of the work.
- VALUE ADDED TAX – The client shall in addition pay to Iron Bridge Consulting an amount equal to the amount of any value added tax or similar tax chargeable in respect of its remuneration under this contract.
- CONFIDENTIALITY – Iron Bridge Consulting acknowledges that they may receive or have access to information which relates to the client’s past, present, or future products, vendor lists, marketing strategies, pending projects/proposals, and other proprietary information. Iron Bridge Consulting agrees to protect the confidentiality of proprietary information disclosed by the client, and all physical forms thereof, whether disclosed to Iron Bridge Consulting before this Agreement is signed or afterward. Unless strict confidentiality is requested by the client in advance of the establishment of this contract, Iron Bridge Consulting can display images of, and reference to, the work created for the client on the Iron Bridge Consulting website (ibconsult.co.uk) and social media accounts.
- CLIENT RESPONSIBILITIES – Iron Bridge Consulting is under the responsibility of the client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Iron Bridge Consulting will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
- LIABILITY – Iron Bridge Consulting makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for the client in a contracting capacity. To the extent permitted by law, Iron Bridge Consulting shall not be liable to the client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The client will indemnify and holds harmless Iron Bridge Consulting from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the client or any third party. This includes, without limitation, interruptions caused by acts of nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- INDEPENDENT CONTRACTORS – It is expressly agreed that the Parties shall be independent contractors and that the relationship between the Parties shall not constitute a partnership, joint venture or agency. Neither Party shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior consent of such other Party.
- VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Iron Bridge Consulting and the client.
- CANCELLATION / TERMINATION OF AGREEMENT – Should the client wish to cancel/terminate the agreement and discontinue any work in progress, the client must notify Iron Bridge Consulting immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.