1. CONTRACT
Where the term “consultant” or “consultancy” is referred to within this document read as David Burns (as per the nominated individual expert assigned to your project for MSTQ* services).
Where the term “customer” is referred, this is the direct contracting authority, or individual private company, or organisation commissioning the services of the consultant.
Where the term “service” is referred to within this document read as the consultancy, training and or audit services provided by the consultant against the agreed scope of MSTQ as defined by the agreed project proposal (a separate terms of reference document).
The consultant will provide the customer with a project proposal for approval by the customer prior to the commencement of the service.
Unless otherwise stated by the consultant, the following terms and conditions will apply to all services provided. These terms and conditions will supersede all other terms and conditions.
2. REMUNERATION (UK)
2.1 Consultancy fees will be confirmed by the consultant within a project proposal detailing the number of working days (the day rate), plus other expenses (as agreed*).
2.2 All fees quoted, will be plus VAT (where applicable) and charged at the UK rate.
2.3 All fees quoted will be paid in Great British Pound (GBP). Payment terms are full payment within 14 days from the date of invoice.
2.4 Overnight accommodation within the UK mainland will be charged to the customer at cost with a copy of the accommodation invoice attached to the service invoice.
2.5 Travel within the UK mainland will be charged to the customer at 0.55 (fifty-five) pence per mile.
2.6 For contracts outside of the UK mainland (including Scottish Islands and Channel Islands), refer to section 3 below (outside of the UK mainland hereinafter referred to as the “local country”).
3. ADDITIONAL EXPENDITURE (INTERNATIONAL ONLY)
3.1 General
In addition to the above Section 2, customers based outside of the UK mainland and or where the customer is based in the UK mainland and the service is to be delivered outside of the UK mainland; customers will be responsible for, at their own cost, the following expenses:
3.1.1 All tax liabilities and associated tax obligations under local country contract law for the service undertaken by the consultant.
3.1.2. All international money transfer fees incurred when paying the consultancy invoice.
3.1.3 All local country overnight accommodation and associated sundry expenditure will be charged to the customer at cost, or;
3.1.4 Payment of the per diem rate for the local country in advance of contract mobilisation for each mission
(https://www.gov.uk/guidance/expenses-rates-for-employees-travelling-outside-the-uk ) for duration of the service, or at the customer expense, the following;
3.1.5 Fully expensed modern safe and legally road worthy transport with competent driver for the duration of contract (for the round trip from the consultant’s accommodation to the place of work / airport transfers).
3.1.6 Flights more than three (3) hour duration will be business class [fully flexible] and flights under a three (3) hour duration full economy [fully flexible] – with e-ticketing provided seven days prior to travel [with carrier and routing as instructed by the consultant – booked on the most direct routing to destination / return]. As per the aforementioned (3.1.6), ferry and rail travel will be arranged, with ticketing provided seven days prior to travel.
3.1.7 Business visa and invitation letter (the latter where applicable) to support business visa application fees, to include UK travel expenses for embassy / consulate visits for visa application / interview processing.
3.1.8 Local country departure and or exit tax expenses incurred by the consultant will be reimbursed by the customer.
3.1.9 Life assurance, travel and repatriation insurance cover for the consultant for the duration of the contract with due consideration to results of the local country risk / security assessment – as per latest information
( https://www.gov.uk/foreign-travel-advice ).
3.2 Other International: The consultant will charge the customer an additional one-day fee rate [refer to 2.1] at either end of each mission for travel. The consultant will have the final decision with reference to all international travel arrangements and will inform the customer at the soonest possibility of any changes.
4 OTHER CONTRACT MATTERS
4.1 Duration of the contract – The service will be delivered against agreed number of working-days as required by the service proposal (terms of reference) over a duration of time determined by the same, based on the availability of data and / or resources available. Other than exceptional circumstances the service duration will not exceed the project proposal programme agreed with the consultant; with reference to the service proposal (terms of reference). Additional consultancy service input will be undertake as instructed by the customer and charged as per sections 2 and or 3 of these terms and conditions.
4.2 Changes – All changes to the service after commencement will be agreed in writing with the consultant.
4.3 Agreement of the contract – The number of working-days and or contract value for the service will be determined by the issue of a formal purchase order from the customer, or an acceptance by the customer of the project proposal (terms of reference) confirmed by email. These contract terms and conditions will supersede all other contractual arrangements for the duration of the service agreement. The service will be delivered both on and remote working (to include Teams / Zoom), with consideration to the availability of documentation and the customer.
4.4 Project start date – The service can normally be started within one (1) months-notice from receipt of an email request to proceed. The consultant requires that service agreement is provided in advance of starting the service. Completion of the service is fulfilled when the service agreement has been successfully delivered (with due consideration to the project proposal and terms of reference for the service as provided from).
4.5 Break clause – If at any time the consultant and or customer wishes to terminate the contract after commencement, then one (1) weeks-notice is required and may be issue by either party. The consultant will invoice the customer for payment for the service days [input] completed and expenses incurred up to and including the notice period.
4.6 Disputes – In the unlikely event that a dispute should arise between the consultant and the customer, the consultant will require written confirmation of the area disputed and any supporting evidence. The consultant will undertake the necessary action to resolve the dispute. In the event that a dispute should arise between the customer and their client (or beneficiary) and or supplier; in such cases, the consultant will not be drawn into any third-party dispute. However, the consultant will take the necessary action as decided by the consultant to impartially resolve any dispute between parties and instruct the customer by email accordingly. During a dispute, the consultant will communicate with the customer only (and not with any third-party, unless required to do so by law).
4.7 Professional indemnity insurance – The consultant will indemnify the customer to the level determined by the technical complexity of the service provided (as decided by the consultant).
4.8 Accreditation and or certification – Where the customer contracts with an accreditation and or certification body, this is a separate contract between the parties. Although the consultant will fully support the customer, the consultant [being impartial] cannot guarantee the customer will achieve accreditation or certification status due to the technical nature of the process and the uncertain circumstances up to and including the day of the assessment audit.
5. CONDITIONS OF CONTRACT
5.1 The consultant – In the event the nominated consultant is unavailable prior to or after the service commencement, the consultant reserves the right to use another consultant who has been approved by the consultant and customer to the same technical level and ensure service delivery on behalf of the customer.
5.2 Access – The customer, shall at all times, allow and arrange for reasonable access by the consultant to the place of work, premises and the information and data directly related to the service, providing the consultant with appropriate security clearance, as applicable. The customer shall provide an appropriate secure office working area(s) with facilities to support the service delivery in line with modern business practice, for the duration of the contract. When necessary, the customer shall provide heath and safety equipment, and make the consultant expert(s) aware of health and safety requirements within the customer organisation and or other site locations visited for the service delivery. The customer shall provide car parking area and / or round-trip collection for the consultant for the workdays as per the service (terms of reference). Translation and or documentation copying cost of presentation and or training materials will be arranged, provided at the customer expenses. Language interpretation will be arranged, provided at the customer expenses.
5.3 All training course presentation material and supporting documentation produced by the consultant is the intellectual copyright and property of the consultant unless otherwise formally agreed with the consultant. Training course materials may include licenced images and or copyright text assigned to the consultant only.
5.4 Confidentiality – The consultant may become identified with the customer and its personnel and may be exposed to confidential information; the consultant will at all times operate under a non-disclosure agreement (NDA) – and professional code of conduct established for consultants and safeguard any information and data gained during the service; the latter to the security level required by the customer. The consultant will not disclose or discuss the service with other parties without the express permission of the customer unless legally instructed to do so.
5.5 – Law applicable – The contract and service provision is governed in all respects by English Law and the parties are required to submit to the jurisdiction of the English Law Courts.
5.6 – Language and communication – All contract correspondence and communication will be in (British) English language. Telephone and email communication to the consultant may be confidential and may be recorded and retained for monitoring quality of service and contract management purposes. All communication will be deemed as confidential. Retention and disposal of records and archives will be at the discretion of the consultant.
5.7 Invoicing – The consultant will raise invoices (twice per month) for the services from the UK. Invoices will be issued to the customer by email and or post (Royal Mail) for full payment within 14 days from the date of invoice. Details of all per diem advances will be summarised within the invoice. Other expenses will be detailed within the invoice as agreed (with copy receipts).
5.8 – Payment and money transfers for the service must be made payable to: David Burns. Confirmation of payments / transfers / remuneration to be sent by email to info@davidburns.co.uk by the customer.
Note: International – the customer must make appropriate provision for ensuring the invoice is settled within the 14 days by ensuring transfers are completed at least 5 working days prior to the deadline.
5.9 CHAPS – Where the customer pays the consultant on-line transfer, the customer shall provide the appropriate application documents for the consultant’s completion and return, or request the consultants UK bank account information, or refer to payment details with the consultants invoice (detailing the consultants bank account information).
5.10 Contract access – These contract terms and conditions may be requested and accessed at any-time and are also referred to within the footer of email and or referenced within the project proposal for the service provided. No changes to this document is permitted without agreement with the consultant.
5.11 Services – Information about the range of services provided by the consultant can be found at https://www.davidburns.co.uk
5.12 Contact details – should the customer have any questions with regard to the content of this document, please contact the consultant in writing or by e-mail at info@davidburns.co.uk or postal correspondence addressed to “contracts” at:
David Burns
4 – 5 Kings Square
Bridgwater
Somerset
TA6 3YF
United Kingdom
(END)