Terms & Conditions
The terms and conditions under which our services are provided
Scope of work
The scope of work will be defined in the quotation. Any change to the agreed scope of works will be agreed between the parties.
The prices for the goods, services or materials shall be calculated as set out in the quotation. Prices and rates set out in the quotation will remain fixed unless otherwise agreed by the Council and the Customer and shall be exclusive of Value Added Tax (VAT). VAT shall be due at the rate applicable at the tax point date of the Council’s invoice. The Council shall submit an invoice to the address stated on the Purchase Order within 28 days of supplying any goods or services.
The Customer must pay invoiced charges by bank automatic clearing service (BACS) within thirty (30) days of the date the invoice was received and if not paid when due the Council may claim interest on such overdue sum from the due date until payment is made at four percent per annum above the Bank of England base rate as varied from time to time.
Intellectual Property Rights
All materials, in whatever medium, are "literary works" as far as UK law is concerned and are covered by copyright law. Unless otherwise agreed in writing the copyright for all resources and documents provided under this contract is owned by Essex County Council. You are permitted to use these materials within your school or organisation, provided that they are not used externally or for commercial purposes and that you cite Essex County Council as the author.
Any reuse of material owned and supplied by Essex County Council outside of your school or organisation is prohibited without express written consent by Essex County Council.
Where any document is specifically created for the use of your organisation, Essex County Council retains the copyright in the material created (but does not claim copyright of your logos or any material supplied by you) and upon payment of the charges relating to the document in full, you are granted a non-exclusive licence to use and copy the document for your internal purposes.
You acknowledge that any external release of any document in which the Council has intellectual property rights would damage the Council’s commercial interests and that it should not be released outside your organisation under the FOI or otherwise.
Warranties and Liabilities
- The Council warrants that it will use reasonable care and skill in performing services under this agreement.
- If the Council performs the services or any part of the Services negligently or materially in breach of this Agreement then, if requested by the Customer, the Council will re-perform the relevant part of the Services, subject to 4 and 5 below. The Customer’s request must be made within 1 month of the date the Council completed performing the Services OR the termination of this Agreement.
- The Council provides no warranty that any result or objective can be or will be achieved or attained at all or by a given date, whether stated in this Agreement or elsewhere.
- Except in the case of death or personal injury caused by the Council’s negligence, the liability of the Council under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fee paid by the Customer to the Council.
- Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
- Neither Party shall be liable to the other Party for loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract.
- Any information obtained by either party under these Terms and Conditions shall be kept confidential and shall at no time be divulged to a third party without the prior written consent of the other party, unless such information is already in the public domain. Such consent shall not be unreasonably withheld. The Council reserves the right to disclose information in accordance with the Freedom of Information Act 2000 and related statutory provisions pursuant to a valid request for such information.