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Fees and Payment 15. Whilst Acuity Group may offer limited free advice and evaluations in some cases, this is at Acuity Group's absolute discretion, and this service may be withdrawn at any time and for any reason. Acuity Group will give the Client due notice of Acuity Group's intention to stop giving free advice on some or all of it's services and clarify any charges that may apply in it's stead. Where Acuity Group does give free advice, Acuity Group will normally respond quickly to queries. However, this will not always be possible. By taking advantage of any of Acuity Group's free advice services the Client is accepting that this is the case. Acuity Group makes no representation and accepts no liability as to the current validity of such advice. On no occasion shall Acuity Group's application services be construed as free or obligatory and on no occasion shall Acuity Group’s consultancy services be offered or construed as free or obligatory. 16. Payment and method of payment of Company's fees and any other relevant remuneration under this agreement shall survive the termination of this agreement. 17. The Client agrees to pay to Acuity Group, both via initial engagement deposit fees and/or ongoing or balance fees, such fees as are detailed to the Client either based upon the detailed consultancy service subject to the relevant clauses herein or upon withdrawal of any application by the Client or Third party subject to the relevant clauses herein and where relevant to pay a deposit as stated by Acuity Group which may amount to the entire fee and is at the sole discretion of Acuity Group. The engagement deposit is limited to a minimum of 30% of the agreed fees. 18. The Client agrees to pay any balance sum or statement of account of any fees due by return as indicated on such invoices but in any case within 28 days of receipt from Acuity Group of an invoice. 19. Any cancellation, delay or other default of any such payment shall incur interest at 1% above the base rate of HSBC Bank plc. 20. From time to time, discounts may be offered including but not limited to repeat business and other quoted volume or discountable services or applications. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this agreement. Quoted discounts shall be honoured by Acuity Group only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein. Discounts are reliant on the presence and integrity of the relevant data as required by Acuity Group. Acuity Group reserves the right to refuse discounts on the grounds of inaccurate or insufficient application or evidence data. 21. The Client undertakes not to withhold any payment due to Acuity Group arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and Acuity Group or any other party regarding a contract or any other matter. Liability 22. Acuity Group recognises the Client’s statutory rights. Acuity Group shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any contract or arising from any third party action. 23. In any event Acuity Group's liability shall be limited to the amount of our Fees received by Acuity Group in respect of any individual contract from which such liability may arise. 24. Acuity Group shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of Acuity Group being unable to fulfil any of it's obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God. |
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