Saunders 1865 | Terms that apply to Assignments charged on a time basis

Terms that apply to Assignments charged on a time basis

1. Hourly rates will vary according to the type of work and level of the personnel working on the project but our average hourly rate for most projects is £195. It is impossible to determine with any precision in advance the total amount of time-based fees that will be involved in any given matter. However, upon request, we will make the best estimate we can at the time.

2. Fees and expenses are payable after the service has been performed. However, we require an Operating Deposit (OD) equivalent to the estimated fees & expenses (any fees payable to real estate agents by renters in another country will be payable in addition) that will be incurred to be paid into our Client Account at the start of every assignment. The start of the assignment is the date upon which we receive authorization to proceed.

3. Whilst we may, as a matter of goodwill, start work on your assignment prior to receipt of the OD we reserve the right to suspend service at any time until funds have been received. Top ups to the OD will be required from time to time as the OD is depleted.

4. Value Added Tax (VAT) is payable in addition at the prevailing rate (wherever applicable) on all items. An amount for any estimated VAT will be included in the OD required in accordance with para 2 above. All expenses reasonably incurred are payable in addition to our fees

5. Disbursements/expenses reasonably incurred (including travel mileage and translation costs) are payable in addition.

6. All invoices/requests for payment are payable on receipt and shall be delivered by email unless otherwise agreed. Client may not withhold payment of any invoice or other amount due to Saunders 1865 by reason of any right of set-off or counterclaim which Client may have or allege to have or for any reason whatsoever.

7. Clients are asked to meet all requests for payments (including Operating Deposits) promptly to avoid unnecessary administrative and financing costs. It is fundamental to the contract between us that payment must be made on time. Overdue payments will attract late payment charges and contractual interest as set out here

8. DISCOUNTS: If Saunders 1865 have agreed any discount it will be subject to the condition precedent that Client has paid any OD on time (time being of the essence). If payment is late the discount shall not apply. A payment is considered late if it is not received in Saunders 1865’s bank account by the latest date for payment shown on the fee account or invoice.

9. Fee proposals are calculated on the basis that payments will be made by direct bank transfer in pounds sterling with the payer covering all bank charges. Clients wishing to make a payment via any other method (or on any other basis whatever) must make prior arrangements in advance. Any agreement to pay via any method other than bank transfer shall be at Saunders 1865’s sole discretion.

10. LEGAL & TAX ACCOUNTING ADVICE – IMPORTANT NOTICE: We are experienced relocation professionals, but we are not lawyers or accountants, and we are not qualified to provide legal or tax accounting advice. It is the ultimate responsibility of clients to be sure that they understand and agree all the terms in any documents before signing off. If you are unsure of anything you should seek advice from a qualified lawyer or accountant.

11. If any provision of these terms are held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these terms shall continue in full force and effect as if the terms had been executed with the illegal or unenforceable provision eliminated. The parties irrevocably submit to the exclusive jurisdiction of English Courts for the determination of any dispute.

12. Client may cancel the assignment (subject to the conditions set out herein being met by Client) by giving not less than seven working days’ notice in writing. Saunders 1865 will invoice Client for all time spent up to the expiry of the written cancellation notice and client shall ensure that Saunders 1865 is in receipt of funds to fully discharge Saunders 1865’s invoice in full within seven days thereafter. If timely payment is not received (time being of the essence) the cancellation notice shall be void and the original service fee shall become immediately payable. However, if the assignment has been substantially completed the full fee will be due. The Client’s right to cancel shall not apply where Saunders 1865 has agreed to provide a package of programs at a discounted fee.  CONDITION PRECEDENT: This cancellation provision is subject to the condition precedent that the OD shall have been paid by the deadline date in accordance with paragraph 2 hereof. If OD payment is late (time being of the essence) this cancellation provision shall be void and the full program fee shall be payable together with any contractual late charges and accrued interest.

13. Force majeure. Neither party shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

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Saunders 1865