The Chartered Institute of Ecology and Environmental Management (CIEEM) require us to inform clients in writing about our terms of business. Our standard terms below will apply unless other terms are agreed in writing.
Duty of Care and Authority
We will use reasonable skill, care and diligence in accordance with the normal standards of our profession. We will act on behalf of the client in the matters set out or implied in the appointment and co-ordinate the work and services of other consultants (whether employed directly by ourselves or by the client) where this is agreed and set out in the appointment. No employee or director accepts personal responsibility to you for any advice given to you or for work that we carry out for you. You must not bring a claim against any employee or director for any loss or damage that you suffer as a result of the advice or work that we provide to you.
As required by CIEEM, Darwin Ecology Ltd are expected following the completion of surveys, to submit all relevant biodiversity data obtained to the relevant Local Environmental Records Centre. By accepting these terms, the client gives permission for us to submit this data.
Fees
Our charges are normally calculated as either fixed or estimated lump sum fees or by reference to time spent (hourly or daily). Time based rates are reviewed in April each year. For the majority of time based commissions, fee estimates can generally be provided, although in certain circumstances it can be difficult to estimate the total extent of the services required and therefore the likely overall fee. In these instances, we can agree, for example to set a limit beyond which we must obtain the clients authority to continue.
We seek to ensure that costs are kept to a reasonable minimum consistent with delivering a thorough service or project. Furthermore, if at any time the client requires an indication of our fees to date or an anticipated total up to completion this can be provided. Until work is paid for in full, it remains the property of Darwin Ecology Ltd.
Value Added Tax (VAT) at the prevailing standard rate will be charged on all fee accounts.
Disbursements
Disbursements include expenses actually incurred, which are passed on at cost eg third party consultation charges. Except where otherwise stated, travel costs are passed on at cost and car mileage is charged at 50p per mile. These costs will be charged to the client and in certain circumstances we may ask for funds in advance to pay those disbursements as and when they are incurred. VAT will be added to disbursements.
Payment Terms
We will request payment of fees and disbursements as itemised in your fee proposal following completion of site work and before any associated reporting is issued. Reports will be released to the client upon receipt of payment. We also reserve the right to ask clients to pay us a sum in advance on account of our costs.
Invoices will be issued in stages to spread costs and assist with project monitoring. If payment is not made within the payment terms, we will pause all further work and any ongoing project management responsibilities. The full value of work completed to that date will then be due.
Payment is due on receipt of the invoice, on the issue date. We request that all payments are made by either BACS payment or cheque. We normally allow up to a 30-day grace period for payment. If any invoice is not paid within these terms we will send a reminder. If no payment is received despite our reminders Darwin Ecology Ltd. reserve the right to charge interest on any outstanding balance at 9.5% per annum pro rata. Administration fees of £80 will also be added at the point of interest calculation to cover our time for chasing debt. Continued failure to pay will result in further debt recovery action.
It is the client’s responsibility to ensure we are kept up to date with any changes of contacts for invoicing to ensure they are paid on time. You will be asked for correct invoicing details at the point of instruction and we reserve the right not to commence work until confirmation has been received from the bill payer. All of our invoices are issued by email only.
Cancellation Policy
To ensure we can effectively manage our schedule and accommodate all clients, the following cancellation terms apply:
Cancellations made more than 48 hours before the scheduled appointment will not incur a cancellation fee.
Cancellations made within 48 hours of the scheduled appointment will incur a 50% cancellation fee.
Cancellations made within 24 hours of the scheduled appointment, or in the event of a no-show or access not being made available, will incur a 100% cancellation fee.
Cancellation fees are calculated based on the total value of the booked service(s).
By confirming your booking, you acknowledge and agree to these cancellation terms.
Copyright, Confidentiality and Warranties
The property and any copyright or other intellectual property rights in any documents or any other material produced by Darwin Ecology Ltd shall belong to Darwin Ecology Ltd subject only to the client’s right to use the documents or any other material for the purpose stated in the project brief, but this does not include the right to authorise any other person or organisation to use the documents or any other material produced by Darwin Ecology Ltd. If at some point in the future, the work produced by Darwin Ecology Ltd is required to be warranted to a third party, Darwin Ecology Ltd should be informed and will produce a letter of reliance to transfer the rights to the new owner. An hourly fee will be charged for this to cover administration.
Any documents or material or other information provided by the client which is so designated by the client will be kept confidential by Darwin Ecology Ltd and will only use or disclose it as may be required in the performance of the service. This clause shall not apply to any document or other materials, data or other information which are public knowledge at the time when they are so provided by the party and shall cease to apply if at any future time they become public knowledge through no fault of Darwin Ecology Ltd.
Insurance
All our works are insured and will be carried out in accordance with task and site risk assessments. Copies of risk assessments and method statements will be provided upon request. Darwin Ecology Ltd hold Professional Indemnity Insurance and Public Liability insurance with limits of £5,000,000 each. We also hold Employers Liability Insurance up to £10,000,000. Certificates are available upon request.
Complaints Procedure
Darwin Ecology have a complaints procedure, and if you wish to make a complaint or have any questions, please make this in writing to Michael Cummings, Director of the company – [email protected]