Terms of service
Terms and Conditions – FUTURE BY ENERGY LTD
(Professional UK Version – Legally Robust & Suitable for Corporate/Commercial Use)
These Terms and Conditions apply to all services provided by FUTURE BY ENERGY LTD (“the Company”) to NEGIN JAVAHERNESHAN or any other Client, and shall prevail over any other terms and conditions, warranties or representations, whether written, oral, implied, or contained in any Client document.
1. Definitions
“Company” / “FUTURE BY ENERGY LTD”
FUTURE BY ENERGY LTD, including its employees, agents, consultants, and subcontractors, providing services under these Terms.
“Client”
The individual or organisation requesting or benefiting from services supplied by the Company.
“Report”
Any document, written advice, assessment, calculation, certificate, or statement provided by the Company in connection with the Client’s instructions.
“Disbursements”
Reasonable expenses incurred by the Company including, but not limited to, travel, accommodation, subsistence, photography, printing, reproduction of documents, electronic transmission fees, and any third-party costs.
“Fees”
The Company’s charges for services, including VAT (where applicable) and Disbursements.
2. Scope of Services
The Company shall provide services exclusively in accordance with these Terms.
The Client must specify in writing the services to be provided.
Where the Company provides professional opinions or technical assessments, such opinions are given without prejudice unless expressly authorised otherwise by the Client.
3. Fees
Unless agreed otherwise in writing, work is charged at an hourly rate, up to a maximum of nine (9) hours per day.
The Company reserves the right to review and adjust its rates annually to reflect increased operational costs.
4. Payment Terms
(a) Payment
Invoices must be paid in full within 10 working days of the invoice date.
Late payments shall accrue interest daily at 6% above HSBC Bank plc Base Rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Continued non-payment may result in formal debt recovery action, including legal proceedings and recovery of associated costs.
(b) Single-party billing
The above payment terms apply equally where invoices are issued to a single individual or entity.
5. Disputed Invoices
Should any part of an invoice be disputed, the Client must pay the undisputed amount by the due date.
Both Parties shall seek to resolve the disputed portion promptly and in good faith.
6. Obligations and Responsibilities
(a) Company Responsibilities
The Company shall perform services with reasonable care, skill, and diligence in accordance with professional industry standards applicable in the United Kingdom.
(b) Reporting
The Company shall provide interim updates, site reports, and a final Report as appropriate unless instructed in writing that such reporting is not required.
(c) Confidentiality
The Company shall maintain confidentiality over all Client-provided information and shall not disclose such information to third parties except:
where the Client authorises disclosure in writing, or
where required by law, regulatory authority, or court order.
(d) Intellectual Property
All intellectual property created by the Company during the provision of services shall remain the property of the Company.
The Client may disclose the Report to third parties only where it forms part of the original purpose of the engagement.
The Company shall notify the Client immediately of any conflict of interest, lack of qualification, or other matter that may affect the continuation of services.
The Client shall pay all Fees accrued up to the date of such notification.
(e) Client Responsibilities
The Client shall pay all invoices in accordance with the payment terms set out above, and provide accurate, timely information necessary for carrying out the services.
7. Liability
(a) General Limitation
The Company shall have no liability for loss, damage, delay, or expense unless directly caused by the gross negligence or wilful default of the Company.
(b) Professional Negligence Cap
The Company’s liability for professional negligence is limited to the total Fees paid by the Client for the relevant service.
(c) Personal Injury or Property Damage
Liability for death, personal injury, or direct damage to tangible property caused by the Company’s negligence shall be limited to the amounts covered by the Company’s insurance policies (details available upon request).
(d) Third-party Claims
Subject to clauses 7(b) and 7(c), the Client shall indemnify the Company against all third-party claims, costs, losses, or expenses arising from the Client’s misuse of Reports or actions taken contrary to the Company’s advice.
8. Force Majeure
Neither Party shall be liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to: natural disasters, war, terrorism, strikes, civil unrest, legal seizure, or government restrictions.
9. Insurance
The Company shall maintain appropriate Professional Indemnity Insurance at no cost to the Client for any liability arising under these Terms.
10. Sub-Contracting
The Company may engage qualified subcontractors to perform parts of the services.
The Company shall remain fully responsible for all subcontracted work.
The Client may object to a subcontractor on reasonable grounds.
11. Time Bar
Any claim against the Company is deemed waived and barred 12 months after the submission of the final Report to the Client.
12. Document Retention
The Company shall retain project documents, correspondence, and records for 7 years from completion of services.
Client-supplied documents will be returned or securely destroyed upon written request.
13. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with English Law.
The Parties submit to the exclusive jurisdiction of the courts of England and Wales, or arbitration seated in London.
The Company may enforce any judgment or award in any jurisdiction where the Client holds assets.
Your sincerely,
NEGIN JAVAHERNESHAN
By using our services, the Client confirms acceptance of these Terms and Conditions.