Engagement

8.    Immediately upon the Client's engagement of Acuity Group to commence consultancy services or to assess or make any application or report, the Client agrees to the terms of this agreement and further the Client agrees and accepts that Acuity Group is under no obligation to commence or undertake any work in respect of that service or application until such requested initial information and/or data has been received and passed as satisfactory by Acuity Group. In the interests of clarity, acceptance of these Terms of Business is required only once from the Client and any subsequent communication by the Client to Acuity Group pertaining to any application will be similarly binding upon the Client.

9.    The client agrees, upon engagement of Acuity Group, to provide any and all documentation and any other data as may be requested by Acuity Group from time to as applicable for the purposes of performing its consultancy service.

10.    The Client agrees that any information or documentation provided to Acuity Group pursuant to Clause 9 above shall be true and accurate and if any claims made by the Client are inaccurate or cannot be substantiated by relevant documentation deemed acceptable to Acuity Group then Acuity Group will provide options to the Client on how to proceed pursuant to these terms of business. Further the Client hereby indemnifies Acuity Group for any loss or damage Acuity Group may suffer directly or indirectly as a result of the Client’s breach of this Clause 9 such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against Acuity Group arising from the Client’s breach hereof.

11(i)    The Client accepts that Acuity Group charges fees for its services. Such fees are normally based on the quotation, which will have been clearly identified to the Client. Acuity Group does offer on occasion, and where clearly detailed to the Client, some discounted, staged-payment or flat-rated application-specific fees, which significantly reduce the level of fees that would otherwise be charged by Acuity Group to the Client.   

11(ii)    Consequently, with particular regard to any discounted, staged-payment or flat-rated application-specific fee options offered to the Client, should the Client withdraw or instruct Acuity Group to withdraw or fail to make payment within a contracted timescale or in any way breach these terms of business in respect of any such service or application prior to the completion of such service or application, fees will be due from the Client to Acuity Group for the amount of work done up until that notification of withdrawal, which will be accepted immediately and subject to paragraph 11(iv).

11(iii)    For the absence of any doubt, relevant billable time in this instance shall not include Acuity Group providing a response to any client complaint, providing the client with a balance of their financial account with Acuity Group, providing the client with copies of any paperwork concerning the Client's contract or providing the client with a written justification of the actions taken by Acuity Group. 

11(iv)    Any time or work undertaken to pursue or retrieve any fees due to Acuity Group or to engage in any matter instructed by the client not listed in 11(iii) shall represent billable time based upon Acuity Group's hourly rate and subject to this Clause 11. Such fees shall not exceed the contract total, shall be determined solely by Acuity Group and for hourly-rated consultancy services shall equal the balance of the Clients account upon receipt of such instructions or until the client's payment of any outstanding fees to Acuity Group, whichever is the later.

12.    It is accepted by the Client that upon engagement Acuity Group shall have already delivered services in whole or in part to the Client, and consequently there shall be no standard ‘cooling off’ period or cancellation of services at this point such condition to have been made clear to the Client in prior communications from Acuity Group including but not limited to delivery of these terms of business. At no time shall the Client hold legitimate claim against Acuity Group under the conditions in this clause 12.

13.    The Client accepts that if The Client fails to communicate in writing with Acuity Group with regard to the active contract, such active progress to be defined as the honest and accurate provision by the Client of relevant requested documentation and/or responses to specific queries, for any period in excess of 30 days at any time without good reason, the viability of such reason to be at the sole discretion of Acuity Group but at all times fair, a default process will be activated by Acuity Group, which will request such active progress from the Client within a defined period without which the Client shall be considered in default and therefore in breach of these terms of business. At such a time any outstanding case fees will be payable to Acuity Group within 7 days by the Client. In the interests of clarity, it is the desire and intension of Acuity Group at all times to complete the Client’s case successfully.

14.    The Client accepts that where Acuity Group offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and due processes of Acuity Group. The Client is at any time within his/her rights to instruct Acuity Group to proceed with a relevant case against the advice of Acuity Group, provided that this instruction is not in any way detrimental to the business or good name of Acuity Group such to be defined and confirmed solely by Acuity Group. Should the Client so instruct Acuity Group subject to this paragraph 14, any terms of deferred payment or payment in abeyance shall be removed by Acuity Group and settled in full by the Client prior to any further action being taken on the relevant case by Acuity Group.

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