General
All work carried out by OPS is accepted in accordance with these terms and conditions. By requesting OPS to begin work for you, you agree to accept the terms and conditions of this agreement.
Pricing
Work carried out by OPS is priced per hour, unless a fixed price for work of specified extent has been agreed in writing. Estimates of the number of hours that work may require before being completed, are for guidance only. All applicable prices and written quotations are valid for, and apply only to, work conducted within 30 days from date of issue and may be subject to changes by OPS thereafter.
Quality
While OPS endevours to conduct all its work with the greatest care and attention to detail, no liability shall be incurred by OPS for any errors in any work conducted. Full responsibility for checking the accuracy and completeness of all work remains with the client.
Delivery
While OPS endevours to provide a prompt and timely service, no liability shall be incurred by OPS for any late delivery of work, whatever the cause. All delivery times given remain estimates. All costs incured by delivery, eg postal or courier, will be passed on to the client. Full responsibility for estimating all delivery dates and delivery costs remains with the client. OPS reserves the right to subcontract all or part of the work to a contractor of its choice.
Payment
Payment is expected within 30 days from date of invoice. Late payments will result in the addition of a service charge to all accounts outstanding beyond the due date.
Cancellation
If work is cancelled after OPS have commenced work, then OPS will make a charge of up to 75% of the expected project invoice, in addition to charging for the hours completed.
Confidentiality
OPS treats all information and documentation in the strictest confidence. OPS is pleased to complete a client's specific confidentiality agreement on request, before any documents are exchanged.
Force Majeure
Neither party shall be liable to the other or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or failure to perform, any of its obligations under this agreement if the delay or failure was beyond that party's reasonable control (including, without limitation, any strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, or prohibition by governments or other legal authority). A party claiming to be unable to perform its obligations under these Terms and Conditions (either on time or at all) in any of the circumstances set out in this clause must immediately notify the other party of the nature and extent of the circumstances in question. If any circumstance relied upon by any party for the purpose of this clause continues for more than 30 days, the other party shall be entitled to terminate this agreement immediately by sending written notice to the party relying upon the force majeure circumstances.
Limitation of Liability
OPS shall not be liable for any loss of profits or contracts, loss of goodwill or other special, indirect or consequential loss or damages whether arising from negligence, breach of contract or any other reason or cause. OPS's liability on behalf of itself or any subcontractor connected with an assignment shall be limited to the invoice amount of that assignment.
Complaints/Disputes
OPS shall make every effort to resolve any complaints quickly and effectively. You should address any complaints to OPS in writing within thirty (30) days of receipt of the completed project. Should a complaint remain unresolved within sixty (60) days of your initial written complaint, the matter shall be exclusively referred to the decision of a single arbitrator to be agreed between us or, if we cannot agree, appointed at the request of either of us by the President for the time being of the Institute of Arbitrators in London. Arbitration shall take place in London according to the rules of the Institute of Arbitrators in existence at the date of reference to the arbitrator and the arbitrator's decision shall be final and binding on both parties. You and OPS agree not to seek court redress except as shall be necessary to enforce the award of the arbitrator. Each of us shall bear our own costs of the arbitration and one half of the arbitrator's costs and expenses, subject to the power of the arbitrator, in OPS's sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.
Governing Law
This agreement and the services provided by OPS shall be governed by and construed in accordance with English law.
