Terms of service.
The term of this Agreement will begin on the date of the deposit and will remain in full force and effect until the completion of Services, subject to earlier termination as provided in the Agreement.
There is a default cost of £150 per person per day with a maximum price of 5 days if our agreed starting date needs to be amended or cancelled within 72 hours and it isn't due to any error on the part of The Modern Improvements Group Ltd.
Any and all extra work not included in this quotation will be completed only after this agreement has been completed and paid in full.
By sending over the deposit you are agreeing to everything in the document.
PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
PAYMENT
Invoices submitted by The Modern Improvements Group Ltd to the Client are due within FIVE WORKING DAYS of receipt.
The above Payment includes Value Added Tax (VAT).
The Modern Improvements Group Ltd will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and The Modern Improvements Group Ltd will indemnify the Client in respect of any such payments required to be made by the client.
The Modern Improvements Group Ltd will be solely responsible for the payment of all remuneration and benefits due to the employees of The Modern Improvements Group Ltd , including National Insurance, income tax and any other form of taxation or social security costs.
REIMBURSEMENT OF EXPENSES
The Modern Improvements Group Ltd will be reimbursed from time to time for reasonable and necessary expenses incurred by The Modern Improvements Group Ltd in connection with providing the Services.
All expenses must be pre-approved by the Client.
INTEREST OF LATE PAYMENTS
Interest payable on any overdue amounts under this Agreement is charged at a rate of 5% per annum or at the maximum rate enforceable under the applicable legislation, whichever is lower.
CONFIDENTIALITY
Confidential information refers to any data or information relating to the of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Modern Improvements Group Ltd agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which The Modern Improvements Group Ltd has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to The Modern Improvements Group Ltd under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to The Modern Improvements Group Ltd .
OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and the rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property'') that is developed or produced under this Agreement will be the sole property of the Client. The use of Intellectual Property by the Client will not be restricted in any manner.
The Modern Improvements Group Ltd may not use the Intellectual Property for any other than that contracted for in this Agreement except with the prior written consent of the Client, The Modern Improvements Group Ltd will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
RETURN OF PROPERTY
Upon the expiration or termination of this Agreement, The Modern Improvements Group Ltd will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
CAPACITY/INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that The Modern Improvements Group Ltd is acting as an independent contractor and not as an employee. The Modern Improvements Group Ltd and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
RIGHT OF SUBSTITUTION
Except as otherwise provided in this Agreement, The Modern Improvements Group Ltd may, at The Modern Improvements Group Ltd absolute discretion, engage a third party subcontractors to perform some or all of the obligations of The Modern Improvements Group Ltd under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
In the event that The Modern Improvements Group Ltd hires a subcontractor:
The Modern Improvements Group Ltd will pay the subcontractor for its services and the Payment will remain payable by the Client to The Modern Improvements Group Ltd .
For the purpose of the indemnification clause in this Agreement, the subcontractor is an agent of The Modern Improvements Group Ltd.
AUTONOMY
Except as otherwise provided in this Agreement, The Modern Improvements Group Ltd will have full control over working time, methods and decision making in relation to the Services in accordance with the Agreement. The Modern Improvements Group Ltd will work autonomously and not at the direction of the Client. However, The Modern Improvements Group Ltd will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
Except as otherwise provided in this Agreement, The Modern Improvements Group Ltd will provide at The Modern Improvements Group Ltd own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
NO EXCLUSIVITY
Except as otherwise provided in this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors. Shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. The indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
The Modern Improvements Group Ltd will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GENDER
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of England.
SEVERABILITY
In the event that any provisions of this Agreement are held to be invalid or unenforceable in the whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts served from the remainder of this Agreement.
WAIVER
The waiver by any Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or any other provision.
PROGRAMME
Programme dates are given in good faith, but may be amended by us in the event of war, industrial disputes, exceptionally bad weather and any other causes beyond our control, including any breaches by the Client of this Agreement.
SITE CONSIDERATIONS
Site arrangements:
Where appropriate the Client will provide safe custody of our materials, equipment and contract works on site including their safety from fire, theft and vandalism.
The Client will provide free water, electricity, sanitary and all other necessary facilities on site.
The Client will be responsible for all statutory requirements affecting the site and contract works and will provide all facilities for safety, health and welfare.