Definitions:

  • We/Us: Implementing Projects Limited, it’s staff and associates.
  • You/Your: Your company, the client, specifically the authorised person who approves the Purchase Order for the Statement of Work, or a main contact designated by them in writing.
  • Statement Of Work: A document describing the work you have contracted with us to produce, any special Terms and Conditions and the rates we have agreed.

Overall Terms and Conditions:

In the first instance please address all communications via the contact form. We can arrange a call thereafter.

There is no need for a signed agreement between us. A purchase order referencing the Statement Of Work we will provide you with, and use of this website is deemed to be acceptance of our prevailing terms and conditions and policy.

The Statement Of Work defines our relationship. Changes to it can only be made by mutual consent.

If you wish to terminate at any time, just give us 30 days advance notice.

We can refuse assignments at any time, for whatever reason. If work has commenced and the refusal is on our side, we will refund all of your money. If work has started and we have refused a change in scope you have asked for and you wish to terminate the assignment, you will only be asked to pay for the services you have consumed. If you don’t pay us on time we may elect to suspend work, or terminate the agreement and leave you liable for any outstanding payments; all work products and materials connected to the scope of the assignment will remain in our possession until our bill is settled.

We only work for professional, trade or business customers – we do not carry out tasks for private individuals.

It is implicit in our agreement that all issues or disputes will be resolved within and settled by the law and courts of England and Wales.

Both parties undertake to follow GDPR rules; that is General Data Protection Regulation (EU) 2016/679 or subsequent prevailing legislation.

We will keep all materials within an assignment disclosed by you in a secure location subject to our Privacy Policy. At the close of the assignment, we will hand over the work we have done and return these materials where appropriate, or destroy all such materials within our control within a week of assignment completion.

It is implicit within this agreement that neither side can claim any form of loss: consequential, inconsequential or as a result of negligence from the other that is not within the scope of our agreement or assignment.

Unless specifically varied in the Statement Of Work document, we will:

  • Produce all work with reasonable skill and care. 
  • Make all reasonable endeavours to meet the scope and quality of work as defined in the Statement Of Work.
  • Make all reasonable efforts to meet any dates specified within the Statement Of Work. You accept that dates and deadlines are estimates and cannot be used as a reason to withhold payment.
  • Not record our time spent on each assignment.
  • You have no control over how, in any respect, we deliver the services to you, unless we have them detailed in the Statement Of Work.
  • We reserve the right not to accept any assignments that contravene our privacy or ethical policies or may cause harm to any person.

We cannot guarantee the following:

  • That the services and work products meet your requirements or expectations, although we will make reasonable endeavours to ensure that they do.
  • That any of the materials, work or websites will be error-free or fully comprehensive.

Any verbal commitments or statements are not binding.

To the maximum extent permitted by law, we disclaim any and all implied warranties in respect of our Services and any associates, except as expressly set out in the Statement Of Work and these Terms and Conditions.

Your obligations are to:

  • Comply with any relevant legislation, licences and consents.
  • Ensure you have the consents, permissions, legal rights (including Intellectual property Rights) over any information that we receive. 
  • Pay for the installation and/or licences of any software you require us to use in the performance of our assignment.
  • Pay in advance (unless varied by the Statement Of Work) by credit card, debit card or PayPal to our preferred company account.
  • Pay in full against the schedule defined in the statement of Work. You agree not to set off or counterclaim unless you are required to withhold payment by law.
  • Pay any outstanding amounts on termination of the contract.
  • Ensure that our performance of our obligations is not prevented or delayed by your organisation or any person or organisation working for you and that you are liable for any charges, costs, or losses that arise (directly or indirectly) from such a delay.
  • Pay your bills on time, pay any expenses reasonably incurred by us on your behalf. 
  • Reimburse us for any losses incurred through criminal activity, fraud or negligence.
  • We will issue you a login and password to access our services. It is your responsibility to maintain how this is used. You are liable for any damages caused by its misuse. We will manage it and disable it according to your instructions. We will delete your details according to our Privacy Policy.
  • You will respect our intellectual property and commercial interest, as we will respect yours.

Complaints

Complaints will be handled by filling out a contact form and detailing the complaint initially. We will review your complaint and make reasonable endeavours to respond to your satisfaction. Refunds will be given solely at our discretion.

Payments 

  • All sums quoted are exclusive of VAT.
  • Price changes are at our discretion, they will not be applied retrospectively against existing Statements Of Work that have been agreed, or those issued within 30 days before the change.
  • You, the client, will pay any reasonable costs incurred by us including administration charges starting at £25 plus 5% over Lloyds Bank base lending rate calculated on a daily basis for any sums which remain unpaid after they become due.
  • We will, at our discretion, resort to legal means (such as Collection Agencies) to recoup any outstanding sums. You will be liable for any expenses incurred on our behalf.

Confidentiality and Intellectual Property Rights:

  • We own the intellectual property rights of any original work we produce on your behalf. We licence you to use the intellectual property for free and without hindrance in any way you please. However, you may not sell this to a third party without our prior written permission.
  • If you own or have the permission to use any of the information or Intellectual Property you supply to us, we will respect that.
  • We will, and we expect you to, respect all aspects of Intellectual Property Law and Confidentiality surrounding our engagement as defined by the Statement Of Work or any other aspect of our relationship.
  • We will, and we expect you to, treat our information in confidence – but there may be times when we receive information that you subsequently reveal to us in confidence. The general rule is the first time we receive information in confidence, that is the confidence we are bound to accept, however, we will always balance the needs of our clients when such conflicts occur.
  • You accept our right to distribute confidential information within our organisation in order to meet the assignment’s requirement. We will never give your information to third parties without your prior consent.

Limitation of Liability (important):

Our liability is not limited or excluded by:

  • Death or personal injury caused by our negligence.
  • Any fraud or fraudulent misrepresentation by us.
  • Any other liability which cannot be limited or excluded by law.

We will not be liable to you in any respect and for any indirect or consequential loss including: Profits, sales, business, agreements, contracts, anticipated savings, goodwill, loss of utility or any corruption of data, information or software.

Our liability in any respect will be limited to the following:

  • £300 per claim or set of connected claims.
  • For all claims in totality during any period, the equivalent of the total Services paid by you during that period.

A final word:

  • The Statement Of Work and our Privacy Policy supersede these terms and conditions in terms of importance and enforceability when resolving conflicts.
  • Our Terms and Conditions, Privacy Policy and Statement Of Work define our agreement but not the totality of applicable law, it does not stop you, or us, from taking any applicable remedies under the law of England and Wales.
  • Written means any Implementing Projects website communication or contact form, e-mails with a read receipt or even snail mail (the post).
  • If one part of the contract or Terms is unenforceable it does not affect the legality or enforceability of the rest of it. We will either try and tweak the meaning of it to make it legal or we will consider that provision null and void.
  • If we use terms such as: ‘for example, e.g., include, means’ and so on – these should be considered to be for illustration rather than being prescriptive lists or definitions.