Standard Terms and conditions for acceptance of offer of engagement are as follows:
For the purposes of these terms, 'The Supplier' is Liam Halpin, 'The Client' is the direct client of Liam Halpin and the 'End Client' is any entity that has engaged the services of The Client.
Intelectual Property Rights and Confidentiality
- All services and goods supplied by The Supplier are subject to the terms set out herein, unless varied in writing by the parties. Confirmation of booking for services, either through written confirmation (paper or email), Purchase Order, or arrival on first day of Booking Shall be deemed acceptance of these terms.
- The duration of each contract for services should be confirmed in writing, and in the absence of a formal confirmation prior to engagement, any email record of dates offered will be deemed adequate.
- The Supplier, will supply goods/services as mutually agreed, on location as required, in accordance with standard operating practices. Any varaitions or specific requirements should be notified by The Client and confirmed in writing with The Supplier in the form of a Schedule of Works. The Client should ensure that the Schedule complies in all respects with their requirements or those of any End Client or agent thereof. The Supplier reserves the right to amend the Schedule, at any time, if in the absolute discretion of The Supplier, the needs of safety so require.
- The Client must ensure that all necessary Licenses, Consents and authorities to stage the event(s) have been obtained and shall indemnify The Supplier in respect of any liability costs or claims arising therefrom, unless The Client has requested The Supplier obtain such licenses on their behalf.
- The Client is under no obligation to continue to offer The Supplier work; Neither is The Supplier under any obligation to accept work offered by The client.
- The Supplier confirms that he is Self Employed, is responsible for his own Tax and National Insurance Contributions, and will not claim benefits applicable to clients employees.
- The Supplier will carry out the services provided unsupervised, within any constraints applied during contract negotiation, utilising Client and Supplier equipment/tools as necessary/appropriate.
- The Supplier shall retain the right to assign any contract. In the event of a contract being assigned, The Supplier shall Guarantee the same level of service, quality of work and confidentiality from the subcontractor.
- Either the Client or the Supplier has the right to terminate the contract for services if there is a serious breach of its terms.
- Specific equipment required for the execution of the contract, and supplied by the Supplier may be subject to rental fees, as appropriate, this will be negotiated during the initial negotiations, where possible or prior to usage. Any specialist tools/equipment or services supplied by The Client shall be provided at no cost to The Supplier.
Insurance and liabilities
- All Acoustic Models, Array designs and System Schematics, and any other Digital files e.g. Console files, DSP/crossover confurations etc. created or drawn by the Supplier are subject to copyright and remain the property of the Supplier. In the case of installation configuration files, these will become property of the Client/End Client as appropriate upon completion of contract, subject to payment in full being received. All other intellectual property rights reserved.
- The Supplier shall maintain confidentiality and shall not use or disclose, and shall use his best endeavours to prevent the use or disclosure, by or to any person, any of The Client's or End Client's Confidential information which came to his knowledge during the engagement. This restriction shall apply during and after The Supplier's engagement with no time limit, but shall cease to apply to information or knowledge which The Supplier establishes has in it's entirety become public knowledge, otherwise than through the unauthorised disclosure or other breach of The Supplier's part of that restriction.
- Confidential information shall be defined as all information relating to the organisation, finances, business activities and private activiies of The Client, the End Client and any of their employees, agents, suppliers or advisors.
- The Supplier further agrees not to use any information gleaned during the term of the contract to directly or indirectly solicit business from any End Client.
- The Supplier agrees to participating in any promotional media events/articles as requested by The Client or End Client, and, confidentiality agreements notwithstanding, and The Client/End Client agrees to allow the use of their name in select promotional materials e.g. online resume/website by The Supplier.
- Under the terms of the Data Protection Act 1998, the Client and the Supplier may keep on record such information (e.g. Contact Details) as is necessary. Either may view the others records to ensure they are relevant, Correct and up to date.
- The Supplier shall ensure that at all times there is in place a Public Liability Insurance Policy to an indemnity limit of £5,000,000, arranged through an industry recognised Broker and endorsed by a recognised trade body as suitable for the duties carried out by The Supplier. Evidence of this policy is available at the request of The Client.
- The Client or End Client shall ensure that all equipment provided by The Supplier is fully protected from and insured against all risks (including, but not limited to, theft and malicious acts in respect to equipment) and shall produce evidence of such insurance with The Supplier's interest noted thereon at the request of The Supplier.
- The Supplier shall not be liable in respect of any damage caused to the site(s) or venue(s) either during the event(s) or as a result of the erection and/or dismantling of equipment and services unless such damage results
- The Supplier shall not be liable for any breach of the contract or Terms hereof where such a breach was caused by or substantially contributed to by any cause beyond the control of The Supplier, including (without limitation) act of God, insurrections, riot, civil commotions, Government or other enforcable regulations, embargoes, explosions, strikes, labour disputes, fire and exceptionally adverse weather. The Suppier's sub-contractors shall be deemed to be parties to the contract for the purpose of obtaining the protection of this clause and The Client shall indemnify The Supplier in respect of any claimby a third party in respect of which liability is excluded by this clause, provided always that The Supplier shall use his best endeavours to prevent such a breach or mitigate the effects thereof.
- Day rates quoted for labour provision are based on a Fourteen hour day, with no minimum duration, and unless otherwise agreed, overtime will be billed in Six hour increments at 50% day rate per additional period.
- Day Rates are quoted based on services required,as described by the Client and in the event that the brief changes substantially, The right to renegotiate the fee is reserved.
- Rates quoted for provision of services do not include the following; Travel Costs, Catering, Per Diems or Accomodation, as applicable. In the absence of alternative agreement, Per Diem rate will be charged at 30GBP per day for all days away from home, including travel days.In the absence of Catering, Buyouts of £15 per meal will be added to the invoice.
- Invoices will be issued upon completion of each short term contract. For ongoing contracts, invoices will be issued monthly or bi monthly unless otherwise arranged.
- In the absence of a specific agreed credit account, all accounts should be settled in full by return. Standard credit terms, where agreed allow for payment to be made within fourteen days of invoice date. Unauthorised Non Payment or part payment within these timeframes will incurr interest at 20% of invoice total per month, or part thereof, until the account is settled in full. Debt Recovery charges may be applied in addition to this interest This interest charge will be applied in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, and the Late Payment of Commercial Debts Regulations, 2002 and 2013.
This Agreement is subject to the laws of England, and both Freelance and Client agree to submit to the jurisdiction of the English courts.
These Terms and Conditions are not exhaustive and are subject to change and may be superceeded by amendments on a per contract basis.
Last updated 18th January 2014