Terms and conditions
Terms and Conditions of Business
This document sets out our Terms and Conditions of Business for all clients. References in these terms and conditions to "we" "our" or "us" are references to Expedimus Limited. Expedimus Limited is a private limited company incorporated in England and Wales with company number 13785910 and whose registered office is situate at Knightswood, 69 White Hill, Kinver, South Staffordshire, DY7 6AR.
Responsibility for your work
We will try to avoid changing the people who handle your work, but if this cannot be avoided, we will inform you promptly who will be handling the matter and why the change was necessary.
If you instruct us on any other/new matters, these Terms and Conditions of Business will continue to apply to all work we do for you. However, following instruction from you on each new matter, we will provide you with a written estimate of our fees and third party expenses, together with details of the scope of our involvement in such matter, likely timescales involved and the person with responsibility for the matter. We will keep you regularly informed of progress and communicate with you in plain language.
If our Terms and Conditions of Business change, we will send you a current copy for your information.
Your responsibilities
You must provide us with clear instructions and respond promptly to our request for instructions or payment.
Complaints and standards of service
If you are unhappy about any aspect of the service you have received, or about any invoice submitted to you by us, you are entitled to complain. Please direct any complaint to the person responsible for your matter in the first instance at the usual email address for such person or if you prefer, to Joanne Bennett at Knightswood, 69 White Hill, Kinver, South Staffordshire, DY7 6AR. Please note that if all or part of any invoice rendered by us remains unpaid we may be entitled to charge interest.
Data protection and Privacy
We use the information you provide for the provision of consultancy services to you and for related purposes including:
• Updating and enhancing our client records; and
• Analysis to help us manage our business
Our use of that information is subject to your instructions, the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as other professional advisors. You have the following rights under the data protection legislation:
• The right to request access to your personal data and information about how we process it;
• The right to have your personal data corrected if it is inaccurate;
• The right to have your personal data completed;
• The right to object to or restrict processing;
• The right to have your personal data erased;
• The right to move, copy or transfer your personal data; and
• The right to complain to the Information Commissioner's Office,
Please note that these rights do not apply in all circumstances.
Our fees and third party expenses
Once you have instructed us in relation to a matter, we will provide you (if possible) with a written estimate of our fees and detail any third party expenses that are reasonably foreseeable. The estimate is an indication of the likely overall costs for your individual matter. In some cases, it is not possible to determine the likely overall costs at the outset therefore, we will give you the best possible information we can at the time and keep you informed of our charges as the matter progresses.
Unless otherwise expressly agreed in writing, our fees are based on hourly rates and therefore the overall costs will be determined by the time we spend dealing with your matter. This will include meetings with you and any third party pertinent to the matter, consideration, research and administering correspondence and documents, drafting letters and telephone calls received or made. You will also be charged for any travelling and waiting time whilst dealing with your matter.
As expenses are payable to third parties, we will usually ask you to make a payment to us at the outset in order to meet these anticipated costs; this will help to avoid any delay in the progress of your matter.
Value added tax (VAT) is also payable on all our fees and some third party expenses.
We review our rates in December each year; if any changes are made to our hourly rates, we will notify you in writing at that time.
Expenses are fees payable to third parties and include travelling expenses and photocopy costs. This is not an exhaustive list.
Billing
We shall submit our invoices monthly. Our invoices are due for payment upon presentation. If any invoice is not paid on its due date, without prejudice to any other right or remedy, we may cease to carry out any further work on your behalf.
If an invoice remains unpaid interest will be charged on the outstanding balance from that date. Interest will be charged at 4% above the base rate of Lloyds Bank pic. We are entitled to retain your papers and documents whilst any invoice remains unpaid.
Payment options
Our invoices are payable by bank transfer or by cheque.
We cannot pay third parties unless we have cleared funds. Therefore, if we receive a payment from you by cheque we will have to wait for the funds to be cleared before payment is made.
Confidentiality
We shall keep your affairs confidential.
Taxation
We shall not be responsible for any taxation advice. We can introduce you to an external tax advisor upon request.
Termination
You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf you must tell us clearly in writing.
If we decide to stop acting for you, for example if you do not pay an invoice or comply with the request for a payment on account, we will tell you the reason and give you notice in writing.
Storage of files and deeds
We will retain copies of correspondence and papers relating to your file for seven years from closing the file. Files will be destroyed after this period has elapsed. Any official documents will continue to be stored Indefinitely.
Our liability to you
The limitations on our liability set out in these terms and conditions shall not apply to any claim to the extent that it relates to:
(a) liability for death or personal injury caused by our negligence;
(b) any liability for fraud;
You have agreed that no claim shall be brought personally against any of our directors, officers, consultants, employees, agents or former director, officers, consultants, employees and agents (and the personal representatives of any of them).
You have agreed that you will not seek to recover from us in respect of any claim a sum in respect of loss of profits or indirect or consequential loss however such loss of profits or indirect or consequential loss was caused.
Our liability in relation to any claim shall be limited to the aggregate value of fees payable to us in connection with this matter.
For the purposes of these liability terms a "claim" means all claims, whether in tort (including negligence), contract or otherwise, and whether arising from the same act or omission or one series of related acts and omissions relating to, arising out of or in connection with this matter.
Entire agreement
These terms and conditions of business, together with the client care letter(s) that apply to the matter we have conduct of on your behalf contain the entire agreement between you and us in relation to this transaction. You irrevocably and unconditionally waive any right you may have to claim damages for, and/or rescind the agreement between you and us because of, breach of any warranty not expressly contained in those documents, or any misrepresentation whether or not contained in them, unless such misrepresentation was made fraudulently.
If any term or provision or part of any term of these liability terms is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part of terms shall to that extent be deemed not to form part of these liability terms. The validity and enforceability of the remainder of the liability terms shall not be affected.
Unregulated activity
Expedimus Limited is a management consultancy business that is not regulated by any regulatory body.