1 General Terms
Requests to commission Fieldwork are only to be made by persons with the authority to agree to these terms and conditions. Receipt by us of such a request implies that the person making the request has the requisite authority.
Quotations are made exclusive of VAT. All monetary amounts are in GB Pounds Sterling unless otherwise agreed by us in writing in advance. Invoices must be settled in GB Pounds Sterling to the full amount with any bank charges to be paid by the client. Any figures that Indiefield may give in currencies other than GB Pounds Sterling are illustrative only. Indiefield does not accept cash settlement in excess of 10,000 GB Pounds (or the equivalent of 15,000 Euros if less) for any single transaction.
Indiefield reserves the right to require that our Fees or a proportion thereof are payable on commissioning plus incentives plus disbursements that exceed such credit limits that Indiefield may determine at its absolute discretion from time to time. Indiefield will raise an Initial Invoice for this purpose. Such Initial Invoices are due for payment within 7 days. The balance of the Fees plus incentives plus disbursements will be invoiced upon completion.
Where Indiefield have been asked to provide incentives that have not been included in an Initial Invoice a separate Incentive Invoice will be raised. Such Incentive Invoices are due for IMMEDIATE payment IN FULL. For more information please refer to our Incentives Terms and Conditions.
All other invoices are due for payment within 21 days unless otherwise agreed in writing.
In the case of invoices that are sent to third parties the liability for outstanding monies shall revert to the person or persons or company responsible for commissioning the Fieldwork after 60 calendar days.
Indiefield reserves the right to suspend withhold or cancel any work for a Client where invoices are not settled according to our terms and conditions.
If a Project is cancelled reduced in scale or curtailed for whatever reason the Cancellation Provisions as set out on our Cancellations Terms and Conditions will apply.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.
The rate of interest will be set at the Bank of England base rate plus 8%. For Euro area clients the rate of interest will be set at the European Central Bank Rate base rate plus 8%. The Bank base rate of 31st December will be the reference rate for the six month period 1st January to 30th June. The Bank base rate on 30th June will be the reference rate for the six month period 1st July to 31st December.
A fixed fee will also be charged as follows:
| Amount Outstanding | Amount to be Paid |
|---|---|
| Up to £999.99 | £40.00 |
| £1,000.00 to £9,999.99 | £70.00 |
| £10,000.00 and over | £100.00 |
Where Incentive Invoices are not paid on time, Indiefield reserve the right to charge an additional 2.5% per month in line with our banking convenants.
1.1 Partnership and Sole Trader Debtors
We may transfer information about you to our bankers and/or financiers for the purposes of providing services and for the following purposes:
- 1.1.1 obtaining credit insurance.
- 1.1.2 making credit reference agency searches.
- 1.1.3 credit control.
- 1.1.4 assessment and analysis (including credit scoring, market, product and statistical analysis).
- 1.1.5 securitisation.
- 1.1.6 protecting our interests.
We will provide you with details of our bankers and/or financiers and that of any credit reference agencies used on request.
1.2 Divisibility
Each project booked with Indiefield is divisible. Each project shall give rise to a separate job number and shall be deemed to arise from a separate contract and shall be invoiced separately. Any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any other project.
1.3 Force Majeure
Indiefield shall not be liable for any delays, failures, losses or damage of any kind whatsoever including any delay by Indiefield in the provision of any Services where such delay arises from any cause beyond the reasonable control of the Company.
Such causes include but are not restricted to Acts of God or of the public enemy fires floods adverse weather earthquakes traffic or transport disruption or failure illness epidemics quarantine restrictions strikes or other industrial action freight embargoes electrical cut or shortage communication equipment or system failures acts or omissions of subcontractors or other third parties or any other circumstances beyond its control.
1.4 Jurisdiction and Dispute Resolution
These terms and conditions will be governed and construed in accordance with English Law under the exclusive jurisdiction of the English Courts.
Where any party becomes involved in a dispute claim or potential claim in relation to which they are or may become parties to legal proceedings they will take steps to:
- 1.3.1 follow a reasonable procedure prior to and with the intention of avoiding formal legal proceedings.
- 1.3.2 encourage all parties involved to use an alternative dispute resolution (ADR) procedure at an early stage and at any other relevant stages where appropriate.
- 1.3.3 draw the attention of all parties involved to the powers of the UK courts to impose sanctions for failure to comply with the Practice Directions.
- 1.3.4 in the event that any party involved requests ADR and any of the parties wishes to decline put their reasons for so declining in writing to the other parties involved.
