Application of these terms: We (RBC) value clear and transparent communication. These terms of business apply to all dealings between you (the client) and us. For corporate and in-house work, we provide a project proposal and our terms and conditions up front to help projects – and relationships – run smoothly once work begins. We also provide some services virtually.
Instructions: We will carry out work which is chargeable to you only in accordance with a project proposal or service offering agreed between you and us, and/or as otherwise instructed by you.
Performance of consultancy: We will use our best endeavours to fulfil your business requirements in accordance with the project proposal and/or instructions.
Distance selling and ‘consumers’: Our products and services are principally provided on a ‘business-to-business’ basis. If you are a ‘consumer’ and trading with us as such, you may have additional statutory rights. Whatever your status, by making your payment to us, you are requesting us to start work on your project and/or provide the services you have ordered. Please note: You will not, unless we agree otherwise, be able to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or on any other basis once we have started performance of services for you or once you have downloaded a paid-for product.
Fees: Our fees will be specified in our quotation or proposal. Charges for additional time, and rechargeable expenses, will also be set out there.
For project work, a non-refundable deposit of 50% of the anticipated project cost is required to confirm the dates in our diary.
Bookings, overruns and rescheduling: Dates of bookings have to be agreed in advance between us. When we have booked meetings or workshops with you, we have committed that time to you and may well have rejected other fee-paying work for that slot. We shall have the right to charge for all booked time, whether or not you use it, and to charge additional fees at the project rate for time overruns on meeting and workshop schedules.
Group Programme cancellations:
You have the right to do the following up to 31 days in advance of a group training programme with no charge:
– change the workshop content
– change the delegate numbers
– change the location
– cancel the training
Group Programme Cancelation charges
– 31 days or more before training 0%
– 15-30 days in advance of the training 50%
– 14 days in advance of the training 100%
1-2-1 Programme cancellations:
You have the right to do the following up to 7 days in advance of a 1-2-1 session with no charge:
– change the session content
– change the location
– cancel the coaching
Cancelation outside of 7 days for 1-2-1 work
– days or more before training 0%
– 6 days or less in advance of the training 50%
– 48 hours or less in advance of the training 100%
Payment terms: We may invoice unbilled fees and expenses in advance, or in stages as the project proceeds. Invoices are payable within 14 days unless otherwise agreed in writing. We shall be entitled to withhold and/or reschedule services while amounts payable to us are overdue.
Confidentiality:We will treat all information received from you (except information published generally by you) as strictly confidential and will only use or disclose it as may be required in the performance of services.
Copyright: On payment of our invoices, you acquire a royalty-free, nonexclusive licence to use, for your own internal purposes only, the materials produced by us during the consultancy;
This licence does not include the right for you to authorise any other person or organisation (including associated companies or firms and subsidiaries) to use those materials;
This licence does not include the right (unless agreed in writing with RBC) to use those materials for training any other individual, writing any article or blog, or producing or contributing to any manual or any other published material.
Disclaimer:Advice given and documentation drafted by us is designed to support and supplement and focus your efforts, and give you guidance and encouragement. But your engagement is essential to the results you will achieve, and although we are confident of our processes, the quality of our inputs, and are proud of our track record over the years, we cannot guarantee particular outcomes for you.
Complaints procedure: We aim to meet or exceed your expectations. If you have any complaint about our services, please apply in writing to us without delay.
Exclusion and limitation of liability:
Our fee rates are determined on the basis of the limits of liability set out in these Terms of Business. Before contracting for work to be done, you may request that we agree to a higher limit of liability (provided insurance cover can be obtained therefor), in which case our fee rates may be adjusted upwards.
Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of the consultancy services is hereby expressly excluded.
We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
Subject to the terms of the next paragraph, our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the cost of the provision of the services which gives rise to such liability in respect of any occurrence or series of occurrences.
Nothing in these Terms shall be interpreted as excluding or restricting any legal liability for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors.
Termination: Further work on a project may be terminated at any time by either party, by notice in writing to the other party, without prejudice to the obligation to pay for all fees and expenses already incurred. Firm commitments entered into are to be honoured, whether for performance before or after actual termination date.
Force majeure: We will not be liable for failure to provide services where it is not reasonably practicable to do so due to circumstances beyond our control.
Interest: We reserve the right to charge interest on overdue amounts (see clause 7) at the rate of 2.22% per month (equivalent to our unauthorized overdraft rate from the bank). Subsequent payments will be applied to interest and finance charges first, and then applied to fees/costs outstanding.
Applicable Law: All contracts for the supply of goods or services by RBC shall be governed by the laws of England and exclusively justiciable in the English courts.