This document sets out the terms on which I accept instructions and charge for my services as qualified in my Letter/Terms of Engagement. My aim is to provide you with high quality professional services tailored to meet your requirements in a friendly and cost effective manner and to develop a close and long-term working relationship with you.
2. Person Responsible for Your Work
Unless otherwise advised I will be responsible for your work. It may be necessary from time to time to seek other agents/professionals’ advice.
Fees are charged at a rate of £120 for the first, or any part of the first, hour. Thereafter they are charged on a quarter of an hour basis at a rate of £120 per hour. Unless otherwise agreed in writing, I will charge for my services and expenses monthly. Expenses incurred on travel and subsistence, and on goods and services purchased on your behalf, will be charged at cost.
If the terms are varied during the course of the instruction, additional charges may be payable.
My rates are reviewed on 1 January each year. Any increase will automatically apply from that date.
Unless otherwise specified in my Letter/Terms of Engagement, invoices will be payable on the date rendered. It is not my practice to send statements. I reserve the right to charge interest on unpaid invoices at an annual rate of 10% on the day of invoice.
Unless otherwise agreed between us in writing, each and every party (whether an individual firm, partnership, company, or any other legal entity) whose interests I represent while acting in accordance with your instructions will be jointly and severally liable for the payment of in full of my fees and expenses. This applies irrespective of any agreement reached between you and any other party as to how my fees are to be paid or to whom we address or you ask us to address my invoices and other communications.
Information passed to me will be kept confidential and will not be disclosed to third parties except as authorized by you. If, on your authority, I work in conjunction with other professional advisers, unless you instruct me otherwise I may disclose any relevant aspect of your affairs to them.
6. Limitation of Liability
Unless otherwise agreed in writing, my total liability in respect of any breach of contract or breach of duty, fault, negligence or otherwise, shall be limited to £1,000 000 to cover claims of any sort whatsoever made by you (including interest and cost) arising out of, or in connection with, any engagement. This provision shall have no application for any liability for death or personal injury or any other liability, which I am prohibited by law from excluding or restricting.
7. Legal Documentation
I do not accept responsibility for the drafting or the preparation of documents, which are the responsibility of a solicitor or other legal/professional advisers. Where required, I will comment without any acceptance of liability on such matters about which I am expected to have such knowledge.
8. Other Services
My duties are limited to those set out in my Letter/Terms of Engagement, which incorporate and accompany these Terms. I will be pleased to provide additional services on terms to be agreed.
9. Intellectual Property Rights
Subject to any rights of third parties such as Ordnance Survey and unless otherwise agreed in writing, I shall retain ownership of copyright in all original works prepared by me for you including all plans, maps, drawings, specifications, photographs and all other records, documents, reports or presentational material. Subject to the payment in full of all fees payable by you to me, I hereby grant to you a personal, non-exclusive, nontransferable licence to use such works and to make copies for private use PROVIDED THAT such use or copying is necessary for the purpose for which the works were originally produced. All associated know-how shall reside with me.
Any proposals issued by me are valid for 28 days from the date of issue, unless otherwise indicated.
11. Data Protection
Throughout the conduct of this matter, and after it has been completed, any processing of personal data will be done by me in compliance with the Data Protection (Jersey) Law 2018 (DPA). Information received from you will be used for administration, may be used for compliance purposes and for marketing of KEPlanning. You are entitled to request a copy of the information that I hold about you. I may charge a fee for complying with this request. I will ask your prior consent before using any material for marketing purposes and you can of course decline to give consent.
The contract may be terminated immediately by either party in the event of the other going into liquidation or having a Receiver or Administrator appointed over all or part of its assets, or being the subject of any other formal insolvency procedure.
In the event of either party being in material or fundamental breach of any of the terms of this contract, the other may immediately terminate the contract if the breach is incapable of remedy; or if it is capable of remedy, the aggrieved party shall serve on the other seven days’ notice requiring such breach to be remedied and, if such breach is not remedied within the seven day period, the contract shall automatically terminate. Any notice to be given shall be given to you at your contact address and to me at my business address.
13. Papers Held
On completion of payment of my fees, I will return to you, at your request any documents provided to me for the purposes of that matter. I cannot undertake to retain files for any specific period of time, but will generally endeavour to keep all files for a minimum of ten years, and after the expiry of that time the files may be destroyed without further reference to you.
14. Applicable Law
This agreement and these terms and conditions shall be governed by and construed in accordance with Jersey Law, and you agree that the courts of Jersey are to have nonexclusive jurisdiction to settle any disputes which may arise in connection with the agreement and these terms and conditions and you hereby irrevocably submit to the nonexclusive jurisdiction of these courts.
You should be aware that any information or opinion given by me is done so on the basis of the information provided. My role is to advise you about and guide you through the planning process and produce work on the basis of the terms agreed. I cannot be held responsible for any view taken by the Planning Department. I should also like to remind you that any decision about a proposal is ultimately made by the Minister for the Environment, his Committee or Department.