All work carried out by LMNO is governed by these terms of business.
a. For the purposes of this document, the Company is any employee or agent acting on behalf of LMNO.co.uk Limited.
b. The Client is anyone or any organization engaging the services of the Company and includes all employees and / or agents of the Client.
c. The Standard Hourly Rate is the set, standard amount payable for One Hour’s work, agreed upon prior to the commencement of the work. The Standard Hourly Rate is applicable Monday to Friday between the hours of 9:00 am and 6:00 p.m. with the exception of Bank and Public Holidays, this may include calls made on the Clients behalf between the Client and the Company, or between the Company and the Clients Suppliers.
d. The Overtime Hourly Rate is the amount payable per hour of work conducted outside the ambit of the Standard Hourly Rate.
e. The Offsite Consulting Fee is the amount payable for all off-site calls, this may include calls made on the Clients behalf between the Client and the Company, or between the Company and the Clients Suppliers.
f. Offsite work is defined as being work conducted on behalf of the Client at the Companies premises
a. The Standard Hourly Rate is published on www.lmno.co.uk and the Client is strongly recommended to study this, prior to the commencement of the contract.
b. The professional time of the Company is billed at a Standard Hourly Rate unless otherwise agreed prior to commencement of work
c. In all cases, the Standard Hourly Rate shall apply from the time of arrival at the Client’s location to the time of departure from the Location of the Client.
d. The Overtime Hourly Rate shall apply to any billable hours incurred on the Client's request outside the above hours unless specifically agreed prior to commencement of work. As of October 2005, the Overtime Hourly Rate, is set at a 25% premium on the Standard Hourly Rate.
e. A minimum booking of one hour will apply to all callout visits to the Client.
f. For the purposes of billing, the length of the Client call shall be rounded up to the next quarter hour. For example for a visit of visit one hour five minutes; the time billed would be one hour fifteen minutes.
g. No travel time is applied for off site, unless otherwise agreed by the parties prior to the commencement of the contract.
h. The Telephone Consulting Fee will be charged for each fifteen minute block or part thereof at the Standard Hourly Rate. The only exceptions to this charge will be calls made to arrange on site appointments or calls regarding work covered under a fixed price agreement.
i. A fixed fee arrangement may sometimes be agreed if the required result can be precisely defined in writing. Unless agreed in writing, the value of all work undertaken will be billable as per the hourly fees described above.
j. If the Customer requests that the Company deal directly with a 3rd party supplier due to a Warranty or Service issue or if the activities of the Company is delayed as a result of problems with the items in question, all such time will be deemed as chargeable beyond any time / prices quoted.
3. Callout Charge & Expenses
a. Travel will be charged at the recommended Inland Revenue rate, currently at 40 pence per mile.
b. Travel time outside London will be by negotiation, accounting for time spent on the journey and out of pocket expenses via rail, bus, coach, car or taxi or any other method of transport.
c. Other expenses will be estimated upon agreement of the projects scope; if the actual expenses exceed the agreed estimate, the client will reimburse such excess expenses.
d. Expenses include all out of pocket costs such as travel, telephone, printing and copying, postage, user fees for on-line information retrieval, computer software required to realize the clients project, publications, independent contractor assistance, and such similar items. Other costs such as mileage will be treated as expenses at rates corresponding to current commercial charges.
4. Invoices and Terms of Payment
a. Invoices will be submitted upon completion of work. Invoices are due and payable when submitted unless prior agreement has been made by the Company to extend terms of payment. If Terms of Payment are extended to the Client by the Company, they shall be Net 30 days.
b. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, interest charges may be applied to unpaid invoices older than 30 days. Support services may be suspended to clients with unpaid invoices older than 45 days. Invoices older than 60 days may be referred to external parties for collection or alternatively action taken through the court system.
c. The Company, LMNO.co.uk Limited reserves the right to recover on a full indemnity basis any costs incurred in collecting overdue payments.
5. Methods of Payment
a. Invoices may be settled by cash, or a cheque drawn on a UK bank or bank transfer.
6. Large Projects
a. The Company reserves the right to request an advance payment when undertaking a project involving a substantial investment of time. This advance payment may be by negotiation. In the case of large projects, the Company may at its discretion issue interim invoices for time already invested.
a. Client recognises that the Company undertakes to provide professional services on a best effort basis and that schedules and results are dependent on many factors beyond the Company's control such as suitability of equipment, software and the Client's own level of expertise in operating the equipment and software.
b. The Client recognises that the Company accepts no liability express or implied for loss of data or damage to any equipment or property to the Client or any such third party.
c. The Client acknowledges that it is their responsibility to make, maintain and protect archives of their data and software. Client further acknowledges that the Company is in no way liable for the loss or damage of any data or software while using or maintaining the Client's equipment and software.
d. The Client acknowledges that the Company can accept no liability express or implied for loss of business due to failure of equipment or software or missed deadlines.
e. The Client further recognises that whereas the Company might assist in the purchase of computer hardware and software, the actual Contract of Sale is between the vendor of that item and the Client. Therefore the Client agrees that the Company has no liability express or implied for the failure of the said item to perform.
f. Any complaint by the Customer in respect of work performed by the Company in respect of the techniques and methodologies used, shall be notified to LMNO.co.uk Limited immediately and by no later than 5 working days after the completion of the Requirement. Failure to do so shall absolve LMNO.co.uk limited from any liability in respect of the service provided. Time is of essence in this contract.
a. Upon receipt of Sign Off completion sheet from the Customer for the work undertaken and contracted, the Customer accepts that LMNO.co.uk Limited has satisfactorily fulfilled their responsibilities. Any additional Support and Maintenance that is then required by the Customer will be beyond the scope of the booking in question. All such Support that is required will be chargeable as a separate booking.
a. It is understood that the Company and its contractors, if any, shall be self employed independent contractors with the client, and nothing herein shall be construed as designating the Company as an employee or agent of the client for any purpose.
10. Intellectual Property
a. The Client agrees that no right, title or interest in copyrightable or patented material developed by the Company shall be assumed unless prior agreement is made in writing.
a. The client always has the right to terminate the assignment upon written notice. In such a case, the Client has liability for fees and expenses incurred on their behalf by the Company through to the date when such notice of termination is received.
a. Cancellations cannot be accepted without prior agreement in writing from the Company.
b. In the event of appointment being cancelled we reserve the right to apply cancellation charges, to reclaim any costs directly or indirectly incurred. The cancellation charges will apply as follows:
c. For cancellations made 5 days or more in advance of the appointment date: No Cancellation Charge
d. For cancellations made between less than 5 days in advance of the appointment date: 50% of the charge
e. For cancellations made less than 48 hours prior to the appointment date: 100% of the Charge.
a. The Company will regard as confidential all information concerning the affairs of the Client that is gathered during the course of the assignment. The Company agrees to hold such information in strict confidence, and not to disclose it to others
14. Amendments to this Document
a. The Client acknowledges that the Company may revise its Terms of Business at any time. A revised copy can be found at www.lmno.co.uk
a. The Client acknowledges that by hiring the Company to perform professional services they are accepting all the above stated Terms of Business.
16. Contracts (Rights of Third Parties) Act 1999
a. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, it is agreed that no term of the agreement with the customer shall be enforceable by a third party.
Last Updated January 2007