Standard Terms and Conditions for Public Inquiries/Programme Officer and Associated Services
- All references to the "Company" refer to Persona Associates Limited.
All references to the "Client" refer to the Client.
- Variations to the Company's standard Terms and Conditions may only be made by agreement in writing between the Company and the Client. The following headings in these Terms and Conditions are for convenience only and shall not affect interpretation of the Terms and Conditions.
Terms and Conditions
1. FEE RATES FOR PROFESSIONAL, TECHNICAL AND ADMINISTRATIVE STAFF
1.1 The Client may obtain the current scale of fees from the Company but charges will be made according to the scale current during the period of the commission. The Company will notify the Client in advance of the introduction of any changes to the scale of fees.
1.2 Fees are charged for all time spent on Client affairs whether at the Company's offices, on the Client's premises, or elsewhere.
2. ADDITIONAL EXPENSES NOT INCLUDED IN FEES
2.1 Where applicable, disbursements for travelling, printing, photocopying, accommodation, meals, and other expenses are identified and charged separately.
2.2 Mileage expenses for travel by car are charged at the current Her Majesty’s Revenue and Customs agreed mileage rate. Public Transport expenses are charged ‘at cost’ from the office address.
2.3 If a need for ancillary services not specified in a contract, letter, or proposal were to be identified by the Company during the course of the work, agreement to their use would be obtained from the Client before any expenditure is incurred.
2.4 In accordance with the Environmental Policy, Persona promotes itself as being a ‘paperless’ company, so care is taken regarding quoting/highlighting printing charges.
2.5 When an Inquiry website is required fees will be charged for setting up the website in addition to hosting costs. These will be charged on a weekly/monthly basis whilst the website is live, and also costs associated with uploading documents. Fees for these services will be agreed at the outset. Persona can also offer the hosting of an independent dedicated Inquiry website for all aspects of the Inquiry, Pre-Hearing Meeting, Inquiry news and updated programmes.
3. PAYMENT OF FEES
3.1 Invoices will be submitted monthly. VAT will be applied at the standard rate to all invoices.
3.2 Payment is due on receipt of invoice and all accounts must be settled in full within 28 days. If any invoice is not settled in 28 days, interest will be calculated at 4% above base rate of nominated bank or Bank of England plus the statutory rate of interest.
All queries relating to invoices must be raised within 7 days of receipt and, if not, will be deemed to be agreed by the Client.
The Company shall perform all such duties as may from time to time be assigned by the Client and shall undertake those duties with all reasonable skill and care to be expected of a competent and professional company experienced in carrying out services for projects of similar size, scope, nature, complexity and value to the proposed Project.
Persona’s Programme Officer’s primary role is to organise and administer an independent, cost-effective and efficient Inquiry under the direction and guidance of the Inspector(s) throughout the Inquiry process. The Programme Officer only reports to the Inspector and is the link between The Inspector and the Appellant/Promoter and other interested parties.
Persona will be responsible for managing the day-to-day arrangements of the Inquiry, before, during and to an extent after, the Inquiry is held. This includes dealing with correspondence on behalf of the Inspector and recording all documents submitted to the Inquiry, prior to and during the Inquiry.
Most Inquiries hold a Pre-Inquiry Meeting (PIM). Persona will deal with the setting up arrangements for the PIM, providing an attendance list, assisting the Inspector with Notes and then circulating these to respondents, agents, media, PINS and any other parties where required. If a PIM is not being held a Procedural Note will be issued as a replacement of the Inquiry Note.
Persona will prepare and maintain the Inquiry Programme in conjunction with the Inspector.
The Company undertakes that it will not at any time hereafter use, divulge or communi-cate to any person, except as may be required by law or any legal authority, any confidential information concerning the business or affairs of the Client or of any member of the group of companies to which the Client belongs which may have or may in future come to its knowledge, the Company shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
6. OWNERSHIP OF INFORMATION
All rights to the ownership of any information obtained by the Company in the performance of this commission, together with all research undertaken, and all plans, maps and documents prepared will become the property of the Client.
7.1 The Company guarantees exclusive engagement to the Client in respect of the work involved in the Commission, unless otherwise agreed.
7.2 The Company will maintain public liability insurance to the value of five million pounds and professional indemnity insurance policies to the value of ten million pounds.
8.1 If the Client decides to terminate an Agreement or Commission or Assignment, at least twenty-eight days’ notice of the date of termination in writing must be given, with reasons for doing so.
8.2 In the event of termination, the Company shall be entitled to be reimbursed all costs and expenses reasonably incurred up to the date of termination.
9. FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform any of its obligations to the Client if such delay or failure is due directly or indirectly to any cause or circumstances beyond the reasonable control of the Company.
10. LEGAL PROVISIONS
These Conditions shall be governed and construed in accordance with English law.