Terms & Conditions
1.0 Contractual conditions of undertaking work
Onwards & Upwards Ltd will not undertake any work until either formal contracts have been signed, agreed or they have received an official client purchase order. A purchase order must be an original document duly signed by an officer of the client and cannot be faxed or emailed, as this will be seen only as a letter of intent.
Initial client meetings, post tender negotiations are undertaken at the cost of Onwards & Upwards Ltd.
Formal review meetings will form part of all contracts and will be chargeable at normal day rate. A separate document exists with these charges clearly shown. A copy will be provided on request.
All charges are discretionary. However, this document forms part of the terms and conditions of the acceptance of any contract undertaken by Onwards & Upwards Ltd. Onwards & Upwards Ltd reserves the right to vary in writing and without prejudice these terms and conditions at any time by giving reasonable notice to the client.
All days quoted in the following terms and conditions are working days and do not include weekends or public holidays.
2.0 Invoicing and Charges
Invoices are raised upon commencement of the contract and are payable on the basis of 25% of the agreed estimated value of the contract for the initial invoice, with the balance plus recoverable expenses billed, monthly in arrears, over the duration of the contract. Payment terms for Onwards & Upwards Ltd invoices are strictly 28 days. Invoices may be paid by the client either through cheque or BACS payment directly into the Onwards & Upwards Ltd bank account. Payment by cash is not acceptable under any circumstances.
Receipts will not be issued unless expressly requested by the client.
Onwards & Upwards Ltd reserve the right to make additional charges of interest for any invoice that remains unpaid after 28 days. Note under UK late payment legislation, Onwards & Upwards Ltd have a statutory right to interest (SRI) at 8% over the Bank of England base rate on overdue payments and the right to reasonable compensation for debt recovery costs incurred as a result of late payment; and The right to challenge/have challenged the imposition of grossly unfair terms and conditions where these undermine the terms of the legislation.
3.0 Development Work
The rights of Intellectual property and copyright cover all work undertaken by Onwards & Upwards Ltd. All work produced in conjunction with a client may be seen as jointly owned but only if exclusively produced for them and under pre negotiated terms.
Any work produced jointly will be deemed to be usable by both Onwards & Upwards Ltd and the client without reference of requirement or reference to the other.
At no time may anyone other than a recognized associate of Onwards & Upwards Ltd present any work produced by Onwards & Upwards Ltd. Failure to comply with this could result in prosecution under either one or both English or European civil law.
At all time Intellectual property and copyrights of all work, including outline and initial proposals belong to Onwards & Upwards Ltd and will be marked accordingly as proof of this fact.
4.0 Client Cancellation
Work commissioned and signed off by the client in a correct manner will form part of a legally binding contract.
Onwards & Upwards Ltd seeks to accommodate the needs of all clients by appropriately scheduling courses and coaching sessions, including any additional resources, several months in advance of the expected delivery date. Consequently if the course is subsequently cancelled a compensatory fee may need to be charged.
In the event of a course being cancelled before its scheduled delivery date the following charges may be levied:
More than 30 days before - 25% of the fees for the entire course or series of courses may be payable.
Less than 30 days but more than 14 days - 50% of the fees for the entire course or series of courses may be payable.
Less than 14 days – the fee for the entire course or series of courses may be charged.
Between commencement of delivery and the scheduled completion date – the fee for the entire course or series of courses may be charged.
In all cases Onwards & Upwards Ltd will issue a formal report giving the project status at the point of cancellation. This work may be re-instated by the client however it may be deemed a separate and new negotiation for work although allowances may be made for the readiness of the initial project. No allowance will be made if any portion of the original brief is to be amended from the original.
5.0 Client Postponement
Work commissioned and signed off by the client in a correct manner will form part of a legally binding contract.
If a course must be postponed and rescheduled within 2 months of the original date, the following charges may be levied:
More than 30 days before - up to 15% of the fees for the entire course or series of courses may be payable.
Less than 30 days but more than 14 days – up to 20% of the fees for the entire course or series of courses may be payable.
Less than 14 days – up to 50% of the fees for the entire course or series of courses may be payable.
For courses that are postponed and rescheduled with greater than 2 months notice a nominal administration fee may be charged.
For courses that are postponed between commencement of delivery and the scheduled completion date – the fee for the entire course or series of courses may be charged.
Onwards & Upwards Ltd production of any work remains copyrighted to Onwards & Upwards Ltd. In all cases Onwards & Upwards Ltd will issue a formal report giving the project status at the point of postponement. This work may be re-instated by the client. However, it may be deemed a separate and new negotiation for work, although allowances may be made for the readiness of the initial project. No allowance will be made if any portion of the original brief is to be amended from the original.
Cancelled briefs that include any reference to laws and directives will only be considered correct and current at the time of the development of the brief. To ensure that this remains so, if a project is re-instated it may incur additional charges to ensure the validity of all and any such references.
6.0 Course relocation
In the event of a change of venue by the client it may be necessary to make additional charges for both additional travelling time and expenses. Onwards & Upwards Ltd reserve this right without prejudice. It is only envisaged that this would occur if the venue is greater than a 10-mile radius further than the primary location or incurs the need for overnight accommodation for any or a greater number of nights than originally agreed.