Terms and Conditions of Business including Service Agreement
1. ABOUT MAS ENVIRONMENTAL LTD
MAS Environmental Ltd (MAS) is an environmental health consultancy registered at 14 South Road, Impington, Cambridgeshire, CB24 9PB, UK. Reg No 7501856. Our objective is to help our clients at reasonable cost of our services. Our income derives from the time our specialists spend on a task. The more time they are required to input due to answering questions and attending meetings the greater the cost. We would ask clients to be aware of the fact the more time requested the greater our costs and the more likely estimates will be exceeded.
2. PROFESSIONAL OBLIGATIONS
2.1. All services to be carried out by appropriately qualified and/or registered environmental health and acoustics professionals. All employees undergo regular training to maintain and improve their skills and knowledge to ensure excellent standards in addition to undergraduate and postgraduate qualifications.
2.2. Data and reports provided are intended for business purposes and for use or interpretation by professional persons suitably qualified in the application of environmental health practice, nuisance law and acoustic and other standards and practices.
3. CONFIDENTIALITY AND DATA MANAGEMENT
Business information will be stored and retained in confidence. Information will be stored on paper, electronically and may be used for improving our services to clients which may include research.
4. CONTRACT OF SERVICES
4.1. All clients shall confirm acceptance of this agreement. If after it has been sent or brought to the client’s attention, any future communications or instructions shall be on the basis of the terms of this document including by email, for MAS to commence or continue the supply of services to the client which continues until terminated by either party in accordance with the terms of this agreement.
4.2. Upon termination of this agreement outstanding payments in respect of service provided by MAS shall become immediately due.
5. FEES AND EXPENSES
5.1. Services are normally charged at an hourly rate plus costs and disbursements but can be for a fixed sum. Unless otherwise agreed they are fixed for the duration of the supply of services except where uplift in fees is considered necessary or another consultant becomes involved whose hourly rate differs (see 5.2). However, hourly rates remain subject to review on an annual basis. Where it is necessary to complete work outside of office hours, we reserve the right to increase the hourly rate up to 50%.
5.2. Uplift in fees will apply for the presentation of expert evidence at planning hearing, planning inquiry or where it is necessary to appear as an expert witness in court.
5.3. The chargeable time refers to all time spent on the client's affairs. This will include attendances at sites and perhaps others; any time spent travelling, considering, preparing and working on papers and correspondence; making and receiving telephone calls, writing and reading emails; peer review of work and unavoidable research. Where long travel times are involved MAS will consider a reduced hourly rate to compensate for the travel distance where possible.
5.4. Where an estimate of fees is provided, that estimate will not be contractually binding on MAS unless we explicitly state that to be the case. It is an estimate of anticipated costs based on the level of information available. If a requirement exists that the estimate is not exceeded this must be agreed in writing prior to the commencement of any work.
5.5. Extra work that is likely to exceed the original estimate or estimate range will normally be checked for authority of the client but in some cases it is necessary to proceed beyond this to ensure a satisfactory outcome. The client will be informed where practical if this is likely but it is to be remembered the purpose of an estimate is no more then as stated an estimate and not an actual value of costs. Requests for work beyond those originally estimated for or identified will be assumed as authorisation by the client of additional works whether made by the client or their agent.
5.6. A deposit of 50% of the original estimate must be paid prior to undertaking any work to cover initial costs. In the case of multiple estimates the deposit will be 50% of the lowest amount. This can be waived for existing clients or in special cases at the discretion of MAS.
5.7. All prices quoted exclude VAT unless stated otherwise.
5.8. A standard charge of £25 + VAT will be added to cover administration costs on a one off case basis. This can be waived at the discretion of MAS.
5.9. MAS will normally charge to the client all reasonable travel expenses which are incurred in attending the client’s premises. This may include rail, air, underground, taxi fares or travel by private car.
6. ARRANGEMENT FOR PAYMENT OF FEES
6.1. Invoices shall be paid within 30 days of issue using payment details stated within the invoice.
6.2. In the event of the total cost not being paid on time and in full MAS shall be entitled to add a late payment fee in accordance with The Late Payment of Commercial Debt (Interest) Act 1998 at 8% above the Bank of England base rate, calculated annually starting 32 days after the date of invoice (permitting 30 days plus 2 days for delivery). A standard charge of £25 + VAT to cover administration costs will also be added to the late payment fee and any legal costs incurred to recover payments will be charged to the client.
6.3. In the event of any account or request for payment on account not being paid, we reserve the right to decline to act further in that case. The full amount of work done up to that date will be the subject of a final account rendered and will be a debt due from the client.
6.4. We reserve the right to exercise a lien over client's papers if our costs are not paid.
7.1. Costs of equipment deployed are optional. In many cases MAS will name those costs as a benefit to our clients but this is purely at the discretion of MAS equipment costs for equipment owned by MAS and will typically be charged at 50% of the standard hire costs advertised nationally. In case equipment is hired specifically for a job the full costs of hiring will be charged.
8. INTELLECTUAL PROPERTY AND COPYRIGHT
8.1. All rights and services produced by MAS are withheld and may not be distributed or reproduced in part or in full without prior consent. Items include all written correspondence including reports, letters and emails, recorded and processed data and graphs, audio, software and all website content.
8.2. Goods and services such as reports and data that are produced at the sole request of the client may be assumed to have consent for reproduction and distribution for private use without any financial gain provided that full payment has been received for all costs related to these services and any outstanding invoices prior.
8.3. The client shall not remove, suppress or modify any trademark, copyright or other proprietary marking belonging to MAS or any third party from the work nor re-format, add to or otherwise change any data or material contained in the work.
8.4. The client shall notify MAS of any requirement to disclose, publish or disseminate any information contained in the work in accordance with the Information Access Regime under which it is to be disclosed, published or disseminated.
9. CHANGES TO THESE TERMS AND CONDITIONS
9.1. MAS reserves the right to update these conditions at any time and will always make these changes available on its website.
Last revised April 2015