Business Terms and Conditions

Definitions

In these Terms and Conditions:

• ‘Service Agreement’ the formal pro-forma document prepared by First Point Consultants (SE) Ltd for the provision of Services to the Client under a contract made pursuant to these Terms
• ‘Client’ the recipient of the services named in the Service Agreement.
• ‘Contract’ each agreement made between the Client and First Point Consultants (SE) Ltd for the provision of Services
• ‘Document(s)’ any documents, papers, plans, drawings, photographs, tables, charts, tapes, cassettes, disks, formulae or other materials or devices capable of storing data
• ‘Fees’ payments for Services
• ‘Service(s)’ to be provided to the Client by First Point Consultants (SE) Ltd
• ‘Terms’ these general terms and conditions

Note: in these definitions and throughout the Terms the singular includes the plural and vice versa.

General

These Terms shall apply to and be incorporated into each Contract; and shall apply to all work carried out by First Point Consultants (SE) Ltd for the Client in accordance with any Service Agreement. signed by or authorised by a representative of the Client.

These Terms prevail over any inconsistent terms or conditions in, or referred to in, any request for services, confirmation of order, application or any other document not approved in writing by First Point Consultants (SE) Ltd and/or implied by law, trade custom, practice or course of dealing.

Any variations to a Contract or these Terms shall be in writing and signed by or on behalf of both parties. No employee or agent of First Point Consultants (SE) Ltd shall have any authority to make any verbal statement or representation purporting to make any effect on a Contract or amend or add any terms to a Contract or these Terms. The Client confirms that it did not rely on any statement, assurance, promise or representation made by First Point Consultants (SE) Ltd or its employees or agents that is not expressly set out in these Terms or in the Booking Form relevant to such Contract.

If any provisions of these Terms or a Contract shall be found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal the other provisions shall remain in force. Any such provision shall apply with whatever reasonable modification necessary to give effect to the commercial intention of the parties.

The Client may not, without the written consent of First Point Consultants (SE) Ltd assign, transfer, charge or deal in any manner with any right or obligation under a Contract.

Each Contract is made for the benefit of the parties to it and is not intended to benefit or be enforceable by anyone else. A person who is not a party to a Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 but this condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the said Act.

Service Agreement

Enquiries for Services may be made by phone, email or the First Point Consultants (SE) Ltd website (www.firstpointconsults.co.uk).

The Contract between the Client and First Point Consultants (SE) Ltd shall be made on these Terms and shall be effective as from the date of delivery of the Services commencing, whichever is the earlier date. If the Clients standard terms and conditions contradict the Terms & Conditions of First Point Consultants (SE) Ltd it is the responsibility of the client to bring this to the attention of First Point Consultants (SE) Ltd where upon First Point Consultants (SE) Ltd have the right to cancel the contract, effective immediately without any penalties what so ever to First Point Consultants (SE) Ltd otherwise First Point Consultants (SE) Ltd Terms &Conditions will take precedence.

Supplier’s Obligations

First Point Consultants (SE) Ltd shall use its reasonable endeavours to manage and complete the provision and supply of the Services under each Contract and in all material respects carry out the Services in accordance with any written specification or criteria referred to or incorporated into the Booking Form relevant to the Contract.

First Point Consultants (SE) Ltd shall, in the event of the unavailability of any particular Service supplier, use reasonable endeavours to provide suitable alternative personnel to provide the Services, but cannot be held liable for its failure so to do.

First Point Consultants (SE) Ltd shall keep in strict confidence all personal information relating to Clients and shall restrict such information to such of its employees or agents as need to know for the purpose of discharging its obligations under the Contract. First Point Consultants (SE) Ltd undertakes that it shall process any personal data supplied by Clients (as defined under the Data Protection Act 1998) solely for the purposes of the relevant Contract and for no other purpose.

Service Descriptions

First Point Consultants (SE) Ltd.’s brochures, catalogues, leaflets or other communications including but not limited to particulars published on its website, with the exception of these Terms, are not binding and reasonable variations may be made to the Services without notice, and  Services so varied shall be accepted by the Client as complying with the Contract.

First Point Consultants (SE) Ltd constantly strives to keep the content of its Services information up-to-date and therefore reserves the right to modify the specification of a particular Service without notice to the Client.

Service Documentation

Any resources supplied by First Point Consultants (SE) Ltd as part of  its Services is sole intended for the use of the client benefiting from the services.  It may not be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without the express written prior permission of the copyright owner.

Payment Terms, Fees & Additional Costs

Services Fees shall be set out in the relevant Service Agreement. Such notification of Fees shall take precedence over any notice given in marketing or publicity materials or on the website of First Point Consultants (SE) Ltd.

Unless a prior agreement has been made, Service Fees are required to be paid prior to commencement of the Services delivery or within 30 days of invoice date, whichever date comes first. First Point Consultants (SE) Ltd reserves the right to deliver invoices by electronic means.

If the Client requests Services to be provided otherwise than at a location chosen by First Point Consultants (SE) Ltd, then all travel and subsistence expenses incurred shall be paid for by the Client at cost. Any equipment hire, expenses or expenditure set out in the Service Agreement or otherwise approved by the Client in writing shall be charged to the Client.

All Fees are subject to VAT at the then current rate.

Service Cancellation

Any Service Agreement can be cancelled by the client or First Point Consultants (SE) Ltd with a one-month notice period.

Services at Client or 3rd Party locations

The Client shall advise First Point Consultants (SE) Ltd of any health and safety matters applicable to Services location requested by the Client and notify First Point Consultants (SE) Ltd of all applicable safety, security and other site rules, practices and procedures.

Warranty and Liability

The Client warrants to First Point Consultants (SE) Ltd that it owns or has obtained the appropriate consents and licenses for any software which First Point Consultants (SE) Ltd’s personnel may be asked to use as part of a Service.

If First Point Consultants (SE) Ltd performance of its obligations under any Contract is prevented or delayed by any act or omission of the Client or by the Client’s agents, sub-contractors, or employees then any dates for Services and agreed as part of a Contract may be adjusted or reassigned to take into account the delay caused by the said act or omission.

Except as may otherwise be expressly provided in these Terms and/or any applicable Services, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by First Point Consultants (SE) Ltd to the fullest extent permitted by law and First Point Consultants (SE) Ltd shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Client therefor.

The following provisions set out the entire liability of the parties (including any liability for the acts or omissions of its employees or agents) to each other in respect of:

1. a) breach of contract, or breach of statute;
   b) any representations or statements, or tortious acts or omissions (including negligence); or
   c) restitution or otherwise,
   arising under or in connection with a Contract or these Terms:

First Point Consultants (SE) Ltd maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever shall not, in total, exceed the Fees actually paid by the Client to First Point Consultants (SE) Ltd for Services which are the subject of the Contract under which the claim arises.

Without prejudice to the generality of the foregoing, First Point Consultants (SE) Ltd shall not be liable to the Client for loss of profits and/or in respect of any incidental, consequential, special or indirect loss or damage in connection with any Contract and/or these Terms, including but not limited to: loss of use; loss of goodwill; loss of data; loss of information; loss of business; loss of opportunity; loss of anticipated savings; loss of revenue; and/or business downtime.

For the avoidance of doubt, nothing in these Terms and/or any Contract shall restrict and/or exclude in any way either parties liability for death or personal injury resulting from its negligence or that of its officers, agents and/or employees; and/or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.

The Client shall be liable for any loss, damage or injury to any person employed or engaged by First Point Consultants (SE) Ltd for the provision of Services, and their property, whilst such person is on the Client’s premises.

First Point Consultants (SE) Ltd accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any First Point Consultants (SE) Ltd Services: this includes failure to meet its operating specification and/or its ability to process date-specific data.

Termination

Without prejudice to any other rights of the parties either may terminate a Contract without liability to the other if:

1. a) the other party commits a material breach of that Service Agreement and (if such a breach is remediable) fails to remedy that breach within 5 working days of that party being notified in writing of that breach; or
2. b) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding up order of the other party; or
3. c) an order is made for the appointment of an administrator to manage the affairs of the other party or notice of intention to appoint an administrator is given; or
4. d) a receiver is appointed over any part of the other party’s assets or undertaking; or
5. e) the other party makes any arrangement or applies to arrange for the composition of its creditors or becomes bankrupt; or
6. f) the other party suffers or takes any similar or analogous action in any jurisdiction as the consequence of debt; or
7. g) the other party ceases or threatens to cease to trade.

Termination of a Service Agreement shall not affect or prejudice any other Contract in existence or still to be performed nor shall it affect the accrued rights of the parties as at termination or the continuation of any Contract or provision of these Terms expressly stated or clearly intended to survive such termination.

First Point Consultants (SE) Ltd shall have no liability to the Client under Contract if it is prevented from or delayed in performing its obligations under a Contract by acts or events outside its reasonable control (such as but not limited to strike, lock-out, industrial dispute, failure of a utility supplier, transport network, Act of God, war, civil commotion, rebellion, terrorist act, malicious damage or interference with equipment; compliance with any law or government order, rule, regulation, direction of the police or military personnel, breakdown of plant , machinery, or vehicles, fire, flood, storm, or default of suppliers or agents.

Governing Law and Jurisdiction

Each Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including these Terms) is governed by and construed in accordance with the laws of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with a Contract or these Terms.
Terms and Conditions of Website Usage

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern First Point Consultants (SE) Ltd’s relationship with you in relation to this website.

The term “First Point Consultants” or “us” or “we” refers to the owner of the website whose registered office is Waterside, 1 Station Road, Harpenden, AL54US. Our company registration number is 7221832, registered in England and Wales. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without First Point Consultants (SE) Ltd prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.