Terms & Conditions

Terms and Conditions for Global Management Consultancy

1. Introduction

1.1 These terms and conditions ("Terms") govern the provision of management consultancy services ("Services") by [Global Management Consultancy] ("Consultant") to the client ("Client").

1.2 By engaging the Consultant, the Client agrees to be bound by these Terms.

2. Services

2.1 The Consultant shall provide the Services as described in the proposal or agreement ("Proposal") provided to the Client.

2.2 The Consultant shall use reasonable care and skill in the provision of the Services.

2.3 Any changes to the scope of the Services must be agreed upon in writing by both parties.

3. Fees and Payment

3.1 The Client agrees to pay the fees for the Services as set out in the Proposal ("Fees").

3.2 In addition to the Fees, the Client shall reimburse the Consultant for all reasonable expenses incurred in the provision of the Services, provided that such expenses have been approved by the Client in advance.

3.3 Fees are payable within [number] days of the date of the Consultant’s invoice.

3.4 If the Client fails to make any payment due to the Consultant under these Terms by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of [rate]% per annum above [Bank]’s base rate from time to time.

4. Confidentiality

4.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 4.2.

4.2 Each party may disclose the other party’s confidential information:

(a) to its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms; and

(b) as may be required by law, court order or any governmental or regulatory authority.

4.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under these Terms.

5. Intellectual Property

5.1 All intellectual property rights in or arising out of or in connection with the Services shall be owned by the Consultant.

5.2 The Consultant grants to the Client a non-exclusive, royalty-free, non-transferable license to use the deliverables produced as part of the Services for the purpose of receiving and using the Services and the deliverables in its business.

6. Liability

6.1 Nothing in these Terms shall limit or exclude the Consultant’s liability for:

(a) death or personal injury caused by its negligence;

(b) fraud or fraudulent misrepresentation; or

6.2 Subject to clause 6.1, the Consultant shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms.

6.3 The Consultant’s total liability to the Client in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Fees paid by the Client to the Consultant under these Terms.

7. Termination

7.1 Either party may terminate the provision of the Services by giving the other party [30] days' written notice.

7.2 Without affecting any other right or remedy available to it, either party may terminate the provision of the Services with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of these Terms and (if such a breach is remediable) fails to remedy that breach within [7] days of that party being notified in writing to do so;

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors; or

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

7.3 On termination of the Services for whatever reason:

(a) the Client shall immediately pay to the Consultant all of the Consultant’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Consultant may submit an invoice, which shall be payable immediately on receipt;

(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination or expiry; and

8. General

8.1 Force Majeure: Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.

8.2 Assignment and other dealings:

(a) The Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms without the prior written consent of the Consultant.

(b) The Consultant may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under these Terms.

8.3 Entire Agreement: These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

8.4 Variation: No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

8.5 Waiver: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

8.6 Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

8.7 Notices:

(a) Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be delivered by hand, or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

(b) Any notice or communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by email, at 9.00 am on the next Business Day after transmission.

8.8 Third party rights: Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

8.9 Governing law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of [Country].

8.10 Jurisdiction: Each party irrevocably agrees that the courts of [Country] shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Global Management Consultancy

101-110, Madhav Complex, Opp. DKV College, Patel Colony, Jamnagar

Effective Date: May 1, 2024

By engaging the Consultant, the Client acknowledges that they have read, understood, and agree to be bound by these Terms.

Terms & Conditions

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