Terms of Business

This document sets out the basis on which we will provide professional services to you. It should be read together with any Authority to Act that you have signed. These documents set out the contract between us. If there is any conflict between these terms of Business and the Authority to Act, then the Authority to Act will take precedence.

In this document, ‘you’ means the person who is our client, or if there is more than one person, those persons who together are our client. ‘We/us’ means Sherwill Forbes Limited trading as Sherwill Drake Forbes and its successors. ‘Director’ means a Director of Sherwill Forbes Limited.

1.Our Role

To identify and secure an appropriate Agreement with the power company due to the presence of electricity equipment at your property.

2.Your Involvement

We will achieve the best results for you if you give us as much information as possible at the outset. Please tell us as soon as you can of any changes in your circumstances, or if you receive new and relevant information.

3.Responsibility

Our Directors play an active part in the management of the work we do for you.

Any advice given by us, unless otherwise agreed in writing by us, is solely for your benefit and must be kept confidential to you and other professional advisers working for you. Our advice may not be relied on by you except for the purposes of the matter to which it relates. Our advice may not be used or relied on by any third party without our prior written consent.

4.Communication

We may communicate with you at any postal or e-mail address or telephone number we have for you, unless you ask us to use a particular address or number.

5.Email

Email travels over the public internet and is subject to its shortcomings: once a message has left our server, we cannot guarantee that it will remain confidential nor when or whether, the message will arrive. If you do not want us to communicate by email, whether with you or with others (e.g. other professionals, other advisers or on your behalf at other addresses), please advise the person dealing with your instruction.

6.Confidentiality

We will keep all information relating to your affairs confidential. If, on your authority, we are working in conjunction with other professional advisers we will assume that we may disclose any relevant aspect of your affairs to them.

We may also disclose such information to third parties if:

  • you agree that we should; or
  • it is within the scope of our instructions to do so; or
  • it is in accordance with our Data Protection and Privacy Policy; or
  • we are required to do so by law, by our insurers or by our professional rules.

We are required by law to report arrangements that may involve the proceeds of crime and may not be permitted to tell you that this has been done.

7.Data Protection

We are committed to respecting your privacy and the data which we hold about you in accordance with the General Data Protection Regulation. Please see our policy statement overleaf.

8.Clarification

We will explain the issues raised in dealing with your business and will from time to time keep you informed of progress. If you are uncertain about what is happening, please feel free to contact our dedicated client support team on 01908 614248 or support@sdforbes.com

We seek to provide you with a high quality service in a way which gives you confidence and satisfaction. If you have concerns about the work undertaken on your behalf at any stage, please raise them with us.

If you are not satisfied with the response, you should request our Complaints Handling Procedure from our Complaints Manager, James Paynter, who can be contacted on 01908 614248 or jmp@sdforbes.com.

9.Copyright

All copyright in all documents we produce is owned by us. You may copy any document we produce for you, but you must not modify, reuse or adapt any documents we produce for you without our written agreement. We reserve all our legal rights to be identified as the creator and copyright owner of any document we produce.

10.Our Fees

You are ultimately responsible for the payment of our fees. We have agreed a fee with you as shown on the Authority to Act. In addition we may be entitled to a fee paid by the power company in certain circumstances.

11.Invoicing Arrangements

Payment of any Invoice raised is due within 14 days. We reserve the right to charge you interest on the unpaid sum, from the date that the payment became due to the date of final payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.

12.Claims

You agree that you will not make any claim or take any action personally against any of our Directors or staff. However, this does not alter or reduce any liability that we may have to you.

We shall not be liable for any consequential or indirect loss (whether or not it might have been foreseeable at the commencement of the matter).

13. Termination

You may terminate your instructions to us in writing at any time. We will however be entitled to keep all papers and documents while there is money owing to us for our charges and expenses to that date together with any future costs to which we are committed.

If we have good reason, for example, if you do not pay an Invoice, or if a conflict of interest arises, we may decide to stop acting for you. Where circumstances permit, we will give you reasonable notice that we cannot continue to act.

14. Contracts (Rights of Third Parties) Act 1999

For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, it is agreed that no term of our agreement with you shall be enforceable by a third party.

15. Applicable Law

This agreement between us is governed exclusively by English law.

16. Registered Office

Sherwill Forbes Limited is registered in England & Wales with number 08470513. Our registered office is: Sovereign Court, 230 Upper Fifth Street, Central Milton Keynes, Buckinghamshire, MK9 2HR