4-11 Consultants Ltd has a strict policy for handling customer information. The information you provide to 4-11 Consultants Ltd is confidential and protected to the fullest extent possible. 4-11 Consultants Ltd will not disclose or distribute customer information to third parties without prior written consent by the customer.
For complete details, please review the following policies:
In this document, 411-Consultants is referred to as "the Company"
The Company shall provide the agreed Services or Products to the best of its ability. The Company shall take all reasonable steps to comply with any timetable or other targets for progress or delivery or completion agreed between the Company and Client. The Client shall provide to the Company all requested information and data required for the Company to provide the required Services or Products to allow the Company to comply with the above conditions. If either party is unable or find it impracticable, to perform any of its obligations under these conditions due to circumstances beyond its control the offending party shall immediately give notice to the other party and indicate what steps (if any) are being taken to remedy the situation.
Limitation of Liability
The Company shall accept no liability for loss or damage to the Client arising from failure to provide the agreed Services or Products whether the fault lies with the Company or otherwise. The Company shall accept no liability for loss or damage to the Client for any Services or Products provided. The Company accepts no liability for loss or damage to the Client arising from any material, data or instructions supplied by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. The Client agrees to abide by the terms and conditions of any third parties through which the Company has provided Products or Services where these terms and conditions are made known to the Client. The Client agrees to indemnify the Company, its employees and agents and shall hold them harmless from and against all loss, penalties, damages, liability, claims or expenses whatsoever arising in any way by the Client infringing - whether knowingly or otherwise - third party rights. Data accessed by, or contained within systems undergoing assessment, repair, upgrade or maintenance must be considered at risk. The Company cannot accept responsibility for the integrity of such data although all reasonable precautions will be taken. It remains the client responsibility at all times to ensure that a suitable backup policy is in place and adhered to.
The Client shall retain the Intellectual Property Rights in the documents or other material or data provided to the Company. The Company shall retain the Intellectual Property Rights in all documents or other material or data provided to the Client in the provision of Services or Products save that the Company shall have deemed to have granted the Client a non-exclusive and non-assignable licence to make use of any such documents or other material or data in the context of the provision of agreed Services or Products.
All confidential information regarding the Client or the customers of the Client disclosed to the Company shall be regarded as disclosed in confidence and shall be used in connection with the affairs of the Client and not be passed on to any third party and/or in any way be made use of by the Company at any time either during or after the termination of this agreement save with consent or which comes into the public domain (otherwise than through the unauthorized disclosure by the Company). The Client shall treat as confidential the Services supplied by the Company and either designated as confidential by the Company or confidential by its nature (Information). Information shall not include information that is lawfully in the possession of the Client otherwise than through disclosure by the Company or which is in the public domain (otherwise than through unauthorised disclosure by the Client).
The Client will be informed by the Company of any fees due prior to the provision of Services or Products. The Company reserves the right to vary the charges for Products and/or Services from time to time without prior notice. The Company shall not refund any fees received from the Client for any reason other than failure to provide the agreed Services or Products. All Products and Services remain the property of the Company until the Client has made payment in full. The Company has the right to withhold Products and/or Services until all fees owed are paid for in full by the Client. In the event that the agreement to provide Products or Services is terminated before its completion, the Company shall be entitled to payment by the Client for any and all work completed on a quantum meruit basis.
This Agreement may be terminated: Forthwith through written and mutual consent between the Company and the Client. Forthwith by the Company if the Client fails to pay any fees due hereunder within the settlement period stated on the invoice presented to the Client. Forthwith by either party if the other commits any material breach of any these conditions (other than one falling within the above condition) and which (in the case of a breach capable of being remedied) has not been remedied within 30 days of a written request to remedy the same. Forthwith by either party if the other party goes into liquidation, or (in the case of an individual) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed. Any termination pursuant to the proceeding clause shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continuing force upon or after such termination.
These conditions (together with terms if any which are agreed in writing between the parties) constitute the entire agreement between the parties and supersede any previous agreement or understanding. All other terms and conditions (express or implied by statue or otherwise) are excluded to the fullest extent permitted by law. Any notice or other communication to be given by a party under these conditions must be in writing and must be given by delivery at or sending by first class post or other faster postal, E-mail, telex or facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. At all times the Client must specify a communications address in a recognised form to which the Company may send all notices or other forms of communication, (particular in an emergency). Should the Client fail to notify the Company immediately of any change in particulars then the Company shall not be liable for any loss to the Client arising from any such failure. If any provision of these conditions is held by any competent authority be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
English Law will govern this Agreement and the parties agree to be subject to the exclusive jurisdiction of the Courts of England and Wales.