Our Terms & Conditions of Business
Terms and Conditions for JC Communicate Ltd
These are the Terms and Conditions for Consultancy Services ("the Contract") provided by JC Communicate Ltd, operating as FROM:TODAY, a company registered in England and Wales under registration number 10338522, with its registered offices located at Westgate House, 14 Hale Road, Hale, Altrincham, England, WA14 2EX.
1. Pricing
1.1 Our indicated prices do not include VAT; any applicable VAT or similar taxes will be added at the prevailing rate when due.
1.2 Pricing is valid for a 30 day period from date of Proposal. JC Communicate Ltd reserves the right to review pricing following this period.
1.3 JC Communicate Ltd reserves the right to charge the Client for reasonable expenses incurred during service provision, unless otherwise specified in the Proposal. These expenses encompass travel (charged at a rate of 45 pence per mile), subsistence, and accommodation.
1.4 If the Client requests changes during the Contract period, such as expanding, reducing services, altering the delivery schedule, or modifying the scope, JC Communicate Ltd may adjust the initially agreed fixed or per-unit price, including charging for work done up to the date of cancellation.
1.5 In case of cancellation or postponement of the programmes of work, JC Communicate Ltd must receive notification in writing within 14 days of the signing of the Contract to receive a refund.
If the Contract is cancelled for whatever reason the following charging rate will apply:
A - within 14 days of signing the Contract - no charge
B - within 28 days of signing the Contract - 50% of the Contract price
C - within 56 days of signing the Contract - 75% of the Contract price
D - thereafter the full Contract price is payable
Provided always if the Contract is cancelled less than 28 days before delivery, the full Contract price is payable in any event.
Upon cancellation all monies due under the Contract are payable forthwith.
All programme delivery costs, travel costs and the cost of any venue cancellation and other disbursement incurred at the time of cancellation will be payable in full.
Time is of the essence in respect of this clause.
If the Client seeks to postpone the performance of the Contract:
A - JC Communicate Ltd shall not be required to agree any postponement and the terms of the Contract shall remain whether or not a postponement is agreed.
B - In the event of the postponement being agreed, the Client shall be responsible for all additional charges and expenses sustained by JC Communicate Ltd as a result of the postponement and any such additional charges and expenses shall be added to the original Contract price and shall be payable in accordance of the terms of the Contract.
C - No variation to the Contract shall cancel the Contract which shall remain in full force and effect in all respects save for any agreed variation which shall be an addition to the Contract.
D -The revised dates if any must be confirmed in writing within 28 days of the original start dates.
E -The rebooked dates must take place within six (6) months of the original start date.
2. Payment Terms
2.1 Fees will follow a billing schedule as outlined in the Proposal and Letter of Engagement.
2.2 Invoices must be paid in full upon receipt via bank transfer.
2.3 If an invoice remains unpaid after the due date, the Client will incur late payment interest at a rate 4% above the Bank of England base rate for the time being.
2.4 All payments shall be paid net of any bank charges suffered by JC Communicate Ltd.
3. Service Performance Terms
3.1 The Client acknowledges that JC Communicate Ltd is capable of successfully executing the entrusted assignment and commits to considering consultant replacements without hindrance to service quality. Consultant replacements must comply with anti- discrimination laws.
3.2 Consultants and Associates under JC Communicate Ltd remain under its full authority and legal responsibility and are not considered employees of the Client.
3.3 The Parties agree not to offer employment to employees of the other Party who have worked under a Contract of Employment for not less than (12) months after their departure. Unless with prior written agreement, breach of this clause will incur compensation equivalent to six (6) months' salary and benefits.
3.4 Contract performance deadlines where not stated in the Contract will be agreed upon in writing when the operations begin.
3.5 JC Communicate Ltd cannot be held liable for performance delays caused by circumstances beyond its control, or if performance becomes impossible.
3.7 Formal written notifications between the Parties can be delivered in person, by post, (considered received 48 hours after the date stamp), or by email (considered received immediately upon sending unless notified to the contrary by Mail Delivery Services).
4. Force Majeure
4.1 Neither Party will be liable for damages due to the failure of contractual obligations resulting from force majeure events, encompassing extraordinary circumstances beyond their control that make fulfilling obligations impossible. Frustration of Contract will occur if one of the parties dies or becomes incapacitated; war or riot; act of God; change in the law; the subject matter of the Contract is destroyed.
4.2 Parties must promptly notify each other of force majeure events and cooperate throughout their occurrence.
4.3 If such events or circumstances last for more than sixty (60) days, the Contract may be terminated without compensation.
4.4 A company reorganisation or sale or purchase or take over does not cancel this Contract.
5. Intellectual Property
5.1 Usage of assignment results from JC Communicate Ltd should be restricted to the Client's group and consultants for the Client's business only. JC Communicate Ltd's authorisation is required before broader publication of supplied results.
5.2 The Client must treat proposals and quotes as confidential and return them upon request. Proposals not accepted or unpaid for remain JC Communicate Ltd's property.
5.3 All processes, methods, and tools developed and used by JC Communicate Ltd remain its exclusive property. Materials used during the assignment also belong to JC Communicate Ltd.
5.4 JC Communicate Ltd reserves the right to destroy materials five years after assignment completion. Any requests for copies may incur additional charges.
5.5 JC Communicate Ltd may use the Client's name, brand, logo, or other identifiers for communication, promotion, and reference purposes with the Client's consent.
6. Non-Disclosure and Confidentiality
6.1 JC Communicate Ltd shall and may have access to confidential information supplied by the Client concerning the Contract. This includes information on the Client's business, projects, employees, and more.
6.2 JC Communicate Ltd will take measures to preserve confidentiality during and five (5) years after the Contract. Disclosure is prohibited, except as required by law or with the Client's consent.
6.3 Upon Contract termination, JC Communicate Ltd will return or destroy documents containing Confidential Information.
6.4 JC Communicate Ltd will comply with Data Protection Act requirements for personal data processing.
6.5 The Client agrees not to disclose or use information supplied by JC Communicate Ltd unless JC Communicate Ltd is formally appointed to the assignment.
6.6 The Client and its associates must treat information from JC Communicate Ltd as strictly confidential.
7. Civil and Professional Liability
7.1 JC Communicate Ltd is liable for damages caused by its agents during the assignment. The company maintains Public & Products Liability Insurance to cover its liability.
7.2 Additional protection or coverage, if requested by the Client, will incur additional costs.
8. Entire Agreement
8.1 These Terms, in conjunction with any Proposal or Terms of Engagement, constitute the comprehensive agreement between JC Communicate Ltd and the Client. They replace all previous communications and discussions. Both parties acknowledge that they have not relied on any commitments, representations, or warranties that are not explicitly outlined in the Contract and these Terms and Conditions.
8.2 Any proposed amendments or variations to the Contract Terms and the Client (subject as aforesaid) must be in written form, dated, and bear the signatures of authorised representatives from both JC Communicate Ltd and the Client.
9. Resolution of Conflicts
9.1 In cases of conflicting terms between the Contract Terms or any other terms found in documentation or elsewhere and not signed by both parties as aforesaid, the terms of the Contract shall apply.
10. Terms Modification
10.1 We retain the right to modify these Terms at our discretion, without prior notice to the Client. It is advisable to regularly review these Terms. The most recent revision of these Terms was completed in December 2023.
11. Governing Law and Jurisdiction
11.1 The Contract, Terms & Conditions of Business, our Letter of Engagement and Proposals are governed by and construed in accordance with the laws of England & Wales, and are subject to the exclusive jurisdiction of the Courts of England and Wales.
12. Clause Nullity and Article Titles
12.1 In the event that any clause is required to be modified or annulled by order of the court the remainder of the Contract shall remain in full force and effect.
12.2 Article or paragraph titles are for informational purposes only and do not have legal or contractual significance in interpreting these provisions.