Agreements
Licencing
These Terms and Conditions ("Agreement") govern the provision of services by Hatten ("Service Provider") to [CLIENT COMPANY] ("Client"). By signing this agreement, the client agrees to the terms and conditions outlined below.
The service provider agrees to provide the following services as described in the contract:
Services will be provided as specified in the contract agreement. Any additional services requested by the client will be subject to a new agreement.
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the engagement. This confidentiality obligation remains in effect even after contract termination.
a) Hatten undertakes to exercise due care in the performance of the project in accordance with applicable professional standards. The Company’s objective is to provide a high-quality, professional service that fully meets the client’s expectations and requirements.
b) The Company shall not be liable to the Client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by the company, its servants or agents, in a sum which is greater than the total price of the associated fees.
c) The Company shall not be liable to the client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the Client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by the Company, its servants or agents.
d) The Company shall not be liable to the client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the client may suffer by reasons outside the direct control of the Company, its servants or agents.
e) The client shall not be liable to the Company in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the company may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by the Client its servants or agents, in a sum which is greater than the total price of the Fee.
f) The Client shall not be liable to the Company in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the Company may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by the Client, its servants or agents.
g) Nothing in this Contract shall operate so as to exclude:
i) Either party’s non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents;
ii) The application of Section 12 of the Sale of Goods Act 1979; or
iii) Liability for fraudulent misrepresentation.
h) Hatten holds a current Certificate of Professional Liability Insurance to cover any civil liabilities arising from its professional activities.
This agreement is governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from this agreement will be subject to the exclusive jurisdiction of UK courts.
If either party is affected by Force Majeure it shall forthwith inform the other party in writing of the matters constituting the Force Majeure and shall keep the party fully informed of the continuance and of any change of circumstances whilst such Force Majeure continues
If the Force Majeure continues for longer than 3 months either party may at any time whilst such Force Majeure continues by notice in writing to the other terminate this contract.
Save as provided for in this Clause Force Majeure shall not entitle either party to terminate this Contract and neither party shall be in breach of this Contract, nor otherwise liable to the other party, by reason of any delay in performance or non-performance of any of its obligations due to Force Majeure.