
TERMS OF SERVICE.
The following Terms of Service are entered into between you ‘The Client’ and Pick Our Brains Ltd. ‘The Consultant’.
Pick Our Brains Ltd. Is a registered company. Company Number: 12561080. Company Address: 121 Winsley, BA15 2LF
The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client. The Client is aware that the Consultant is not providing professional services as their Architect.
The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this agreement.
IN CONSIDERATION OF the matters described above and the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the Client and the Consultant (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
SERVICES PROVIDED
1. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the “Services”):
a. Reviewing potential building projects, analysing client needs and identifying project hurdles, usually within the initial consultation.
2. The Service will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such services to the Client.
TERM OF AGREEMENT
3. ‘The term of this Agreement (the “Term) will begin on the date of the initial consultation and will remain in full force and effect until the completion of the Services agreed, subject to earlier termination as provided in this agreement. The Term may be extended within the written consent of the Parties.
4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days’ written notice to the other Party.
CURRENCY
5. Except as otherwise provided in this agreement, all monetary amounts referred to in this Agreement are in GBP.
PAYMENT
6. The Consultant will charge the Client for the Services as follows (the “payment”):
a. The Client will pay the Consultant £145 for the initial video consultation (unless agreed otherwise). The fee for additional services will be agreed on an individual basis.
7. Invoices submitted by the Consultant to the Client are due upon receipt.
8. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Consultant will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breech of contract on the part of the Consultant.
REIMBURSEMENT OF EXPENSES
9. The Consultant will be reimbursed for reasonable and necessary expenses incurred by the Consultant in connection with providing the Services.
10. Expenses will be added to the subsequent invoice.
CONFIDENTIALITY
11. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably 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.
12. The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client as or required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this agreement.
13. The Consultant has the right to publish photographs and other information relating to the project, and the Client shall give reasonable access to the Project for this purpose.
14. For further information please refer to the “Privacy Policy” outlined on the Consultants website.
OWNERSHIP OF INTELLECTUAL PROPOERTY
15. The Consultant shall own the intellectual property rights, including the copyright in the drawings and documents produced in performing the Services, and this clause asserts the Consultant’s moral right to be identified as the author of such work.
16. To the extent that fees and other amounts properly due are paid, the Client shall have a license to copy and use all drawing and documents provided by the Consultant in either paper or digital purposes related to the project or its subsequent use or sale. They may not be used for reproduction of the design for any part of any extension of the Project or any other project.
RETURN OF THE PROPERTY
17. Upon the expiry or termination of this Agreement, the Consultant will return the Client any property, documentation, records, or Confidential Information which is the property of the Client.
LIMIT OF CONSULTANT’S LIABILITY
18. The Consultant is not providing professional services to the Client as their Architect. Any verbal or written information or sketches given are for the purpose of general guidance, opinion or concept only. Any figures are based on previous projects and should not be considered exact or projected. Any guidance on the planning process is based on a suggested approach and is not a promise of planning consent.
19. The Consultant is not responsible for any loses that were not foreseeable when the contract was formed and that were not caused by any breech on the Consultants part. The consultant is not responsible for any business losses or any losses to non-consumers.
EXCLUSIVITY
20. The Parties acknowledge that 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.
PERFORMANCE
21. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
22. The Consultant aims to provide a satisfactory service, however the Consultant cannot guarantee that the Services will meet the Client’s specific requirements and cannot guarantee that the services will be fault free. If a fault occurs in the Consultant’s Services, please report any complaints to hello@pickourbrains.co.uk.
DISPUTES
23. The consultant will endeavour to resolve any disputes in a timely and efficient manner.
24. If the client is dissatisfied by the Service provided, they should contact the Consultant as soon as possible.
25. The laws of England and Wales will apply to this contract.
THIRD PARTY RIGHTS
26. No rights shall be granted to third parties to this contract in order to enforce any terms of this contract.