Policies

Marker Privacy Statement

Marker Legal Disclaimer

Marker Consultancy Services - Terms and Conditions

 

Privacy Statement


Introduction

Partner in Business LLP is committed to privacy issues, and this privacy statement details our approach on such issues. By using this site and submitting any personal data, you agree to the use by us of such data in accordance with this privacy statement. If you have questions on privacy issues, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Data collection

We only collect identifiable personal data or information that is specifically and voluntarily provided by a visitor to our website. We may receive limited identifiable information, such as name, title, company address, email address, and telephone and fax numbers, from website visitors. Typically, identifying information is collected to:
• Register for certain areas of the site
• Enquire for further information
• Distribute requested materials
Visitors are also able to send email to us through the website. Their messages will contain the user’s screen name and email address, as well as any additional information the user may wish to include in the message

Use of data

When a visitor provides personal data to us, we will use it for the purposes for which it was provided to us as stated at the point of collection (or as is obvious from the context of collection). Examples of the types of use are given in the ‘data collection’ section above. We may also use your data to contact you with information about our business, services and events, and other information which may be of interest to you; you may unsubscribe from our mailing list at any time by contacting us as set out in the 'Unsubscribe' section below.
Our website does not collect or compile personally identifying information for dissemination or sale to outside parties for consumer marketing purposes, or host mailings on behalf of third parties.

Data controller

Partner in Business LLP (the limited liability partnership registered in England under registration no. OC385856 and with its registered address at Halstede House, Hinton in the Hedges, Northants NN13 5NF) is the data controller of any personal data collected through this website, and will process such data in accordance with the Data Protection Act 1998.

Disclosure to third parties

Our policy is not to share personally identifiable information with any third parties, unless required by law, or unless explicitly requested by a visitor or otherwise as set out in this section. We recognise that your information is valuable and we take all reasonable measures to protect your information while it is in our care.
Personal data which has been submitted to us may be disclosed to the Partner firms of the Partner in Business LLP partnership group, where this is necessary to meet the purpose for which the visitor has submitted the information. By submitting personal data to this site, the visitor is providing explicit consent to the transfer of such data for the fulfilment of their voluntary requests.
This data is not shared with any member firms in the Partner in Business LLP partnership group for any secondary or unrelated purposes, or shared with any third party, unless otherwise disclosed at the point of collection. If there is an instance where such information may be shared, the visitor will be asked for permission beforehand.

Security

We have implemented generally accepted standards of technology and operational security in order to protect personally identifiable data and information from loss, misuse, alteration or destruction. In particular, we ensure that all appropriate confidentiality obligations and technical and organisational security measures are in place to prevent any unauthorised or unlawful disclosure or processing of such information and data and the accidental loss or destruction of or damage to such information and data. Only authorised personnel are provided access to personally identifiable information and these employees have agreed to ensure confidentiality of this information.

Access to information

If you would like to update any personal data you have submitted through this site, please do so via the original registration page or please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.
When personally identifiable information is retained, we do not assume responsibility for verifying the ongoing accuracy of the content of personal information. When practically possible, if we are informed that any personal data collected through a Web site is no longer accurate, we will make appropriate corrections based on the updated information provided by the authenticated visitor.
If you would like details of the information which you have submitted to us through this site, you have a right of access to such information and you may contact us via the above email address. We may charge for a request for access in accordance with applicable legal requirements.

Unsubscribe

Should visitors subsequently choose to unsubscribe from mailing lists or any registrations, we will provide instructions, on the appropriate webpage or in communications to our visitors, or a visitor may contact by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Data retention

The personal data you submit to us will only be retained for as long as is required for the purposes for which it was collected or as required by law.
For example, contact information about visitors (such as information generated though registration for access to areas on the site) will be kept as long as the information is required to completely service the contact request or until a user requests that we delete that information. Mailing list information, discussion posts and email are kept for only the period of time considered reasonable to facilitate the visitor’s requests.

Cookies

We may use small text files called ‘cookies’ which are placed on your hard drives to assist in providing a more customised website experience. The use of cookies is now standard operating procedure for most websites. However if you are uncomfortable with the use of cookies, most browsers now permit users to opt-out of receiving them. In that case you will be unable to use this registration process and may find other functionality in the site impaired. After termination of the visit to our site, you can always delete the cookie from your system if you wish.

 

Legal Disclaimer

 

While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, Partner in Business LLP is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the reader. In no event will Partner in Business LLP, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Certain links in this Site connect to other Web Sites maintained by third parties over whom Partner in Business LLP has no control. Partner in Business LLP makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

Partner in Business LLP is a limited liability partnership registered in England with registered number OC385856. The registered office of is Halstede House, Hinton in the Hedges, Northants, NN13 5NF.

Unless otherwise indicated either expressly or by the context, we use the word "partner" to describe a member of Partner in Business LLP in their capacity as such.

The information contained in this Site is intended solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice or services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a Partner of Partner in Business LLP or other qualified professional.

 

Consultancy Services - Terms and Conditions

 

Definitions and Interpretation

 

Additional Charges - means any additional costs incurred by Partner in Business LLP as a result of specification variations or the actions or inactions of the Client or its agents for which Partner in Business LLP will be reimbursed by the Client;
Client - means the person or company for whom Partner in Business LLP has agreed to provide the Specified Consultancy Service in accordance with these Conditions;
Conditions - means Partner in Business LLP’s standard terms and conditions for the supply of consultancy services set out in this document;
Contract - means the Specification, together with these Conditions and any Special and Overriding Terms and Conditions for the provision of the Specified Consultancy Service;
Contract Period - means the time to complete the Specified Consultancy Service stated in the Specification;
Document - includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, film, negative, tape or other device embodying visual images and any disc, tape, flash drive or other device embodying any other data;
Input Material - means any Documents or other materials, and any data or other information provided by the Client to Partner in Business LLP relating to the Specified Consultancy Service;
Key Personnel - means any key Partner in Business LLP personnel named in the Specification;
Output Material - means any Documents or other materials, and any data or other information provided by Partner in Business LLP to the Client relating to the Specified Service;
Parties - means the Client and Partner in Business LLP;
Price - means the price or fee to be paid by the Client to Partner in Business LLP for the Specified Consultancy Service;
Special and Overriding Terms and Conditions - means any additional terms and conditions included in the Specification that are in addition to and/ or override these Conditions.
Specification - means the details of the Specified Consultancy Service;
Specified Consultancy Service - means the service to be provided by Partner in Business LLP for the Client and referred to in the Specification;
Partner in Business LLP - is a group of business partners registered in England and Wales, number OC385856 whose registered office is at Halstede House, Hinton-in-the Hedges, Northants NN13 5NF.

1. SUPPLY OF THE SPECIFIED CONSULTANCY SERVICE

1.1 Partner in Business LLP shall provide the Specified Consultancy Service to the Client subject to these Conditions and any Special and Overriding Terms and Conditions. Any changes or additions to the Specified Consultancy Service, the Specification, the Conditions or any Special and Overriding Terms and Conditions must be agreed in writing by Partner in Business LLP and the Client.
1.2 No terms or conditions endorsed upon, delivered with or contained in the order or similar from the Client shall form part of the Contract.
1.3 In the event of any ambiguity or conflict arising between these Conditions and any Special and Overriding Terms and Conditions, the Special and Overriding Terms and Conditions shall prevail.
1.4 The Specified Consultancy Service shall be provided in accordance with the Specification provided by Partner in Business LLP and otherwise in accordance with Partner in Business LLP ‘s current brochure or other published literature relating to the Consultancy Services from time to time, subject to these Terms and Conditions.
1.5 Partner in Business LLP may correct any typographical or other errors or omissions in any quotation, brochure, promotional literature or other Document relating to the provision of the Specified Consultancy Service without any liability to the Client.
1.6 Partner in Business LLP may at any time without notifying the Client make any changes to the Specified Consultancy Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
1.7 No order submitted by the Client shall be deemed to be accepted by Partner in Business LLP unless and until confirmed in writing by Partner in Business LLP.
1.8 The Client shall be responsible to Partner in Business LLP for ensuring the accuracy of the terms of any order.
1.9 No order which has been accepted by Partner in Business LLP may be cancelled by the Client except with the agreement in writing of Partner in Business LLP and on terms that the Client shall indemnify Partner in Business LLP in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by Partner in Business LLP as a result of cancellation.
1.10 The Client shall supply Partner in Business LLP with all necessary Input Materials within sufficient time to enable Partner in Business LLP to provide the Specified Consultancy Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
1.11 The Client shall retain duplicate copies of all Input Material.
1.12 Partner in Business LLP shall have no liability for any loss or damage of Input Material, however caused.

2. GENERAL DUTIES OF PARTNER IN BUSINESS LLP

2.1 Partner in Business LLP shall provide the Specified Consultancy Services to the Client in a professional manner with due care and diligence to the best of its abilities.
2.2 Partner in Business LLP accepts no liability for the use of any information or data provided.
2.3 Partner in Business LLP shall not be restricted in providing similar services to other third parties.
2.4 Partner in Business LLP shall supply the Specified Consultancy Service using the Key Personnel where identified and shall have the right to nominate alternative personnel if any or all of the Key Personnel become unavailable.

3. WORK ON CLIENT’S PREMISES

3.1 Where Partner in Business LLP requires access to the Client’s premises for the purposes of performance of the Specified Consultancy Service the Client shall provide reasonable access and all services necessary to permit Partner in Business LLP to fulfil its obligations under the Contract at mutually convenient times.
3.2 Partner in Business LLP will commit no act or omission at the Client’s premises which would render the Client liable to any person and Partner in Business LLP shall observe the Client’s regulations and provisions in force relating to the safety of persons when using the Client’s premises.

4. PRICE OF SERVICES

4.1 The Price, unless otherwise so stated, shall be exclusive of value added tax which shall be payable by the Client (subject to receipt of a VAT invoice) at the rate prevailing at the relevant tax point.
4.2 The Price includes the cost of all Materials unless otherwise expressly stated in the Contract.
4.3 Exceptional costs including exceptional travelling costs may be itemised separately in the specification or subject to a separate additional charge based on actual costs incurred by Partner in Business LLP.
4.4 No variation in the Price will be accepted by the Partner in Business LLP without its express consent in writing.

5. TERMS OF PAYMENT

5.1 In the event of no special payment terms being specified payment of the Price shall be made 50% with order and 50% within 30 days of the date of the invoice for each and all invoices.
5.2 Trade credit terms can only offered by Partner in Business LLP if approved by a Partner of Partner in Business LLP Management Board.
5.3 The Client may not withhold payment for any disputed amount greater than the value of rectifying the disputed element of the Specified Consultancy Service.
5.4 If payment is not made on the due date, Partner in Business LLP shall be entitled without limiting any other rights it may have to charge interest on the outstanding amount (both before and after any judgment) at the rate of 3 per cent above the base rate from time to time of Barclays Bank PLC from the due date until the outstanding amount is paid in full.
5.5 If any payment is not received on the due date Partner in Business LLP reserves the right to cease providing any Service until the payment is received.

6. VARIATIONS AND ADDITIONAL CHARGES

6.1 Partner in Business LLP shall make Additional Charges to the Client for any variation requested by the Client that results in additional costs being incurred by Partner in Business LLP.
6.2 Partner in Business LLP shall give not less than two weeks’ written notice to the Client of its intention to invoice the Additional Charges.
6.3 All Additional Charges are exclusive of any value added tax, for which the Client shall be additionally liable.
6.4 Partner in Business LLP’s Additional Charges shall be paid by the Client together with any applicable value added tax and without any set-off or other deduction within 30 days of the date of Partner in Business LLP’s invoice.
6.5 No variations to the Contract shall be made or binding unless agreed in writing by the Parties.

7. INTELLECTUAL PROPERTY RIGHT AND RIGHTS IN INPUT MATERIAL AND OUTPUT MATERIAL

7.1 Any Background Intellectual Property shall belong to the Party that created it.
7.2 Any Input Material originating from the Client shall belong to the Client.
7.3 All Foreground Intellectual Property shall belong to Partner in Business LLP subject only to the right of the Client to use that intellectual property for the purposes of utilising the Specified Consultancy Service by way of a non exclusive licence subject only to payment in full of all sums payable under the Contract unless otherwise agreed in writing between the two Parties.
7.4 Any Output Material shall, unless otherwise agreed in writing between the Client and Partner in Business LLP, belong to Partner in Business LLP, subject only to the right of the Client to use the Output Material for the purposes of utilising the Specified Consultancy Service by way of a non exclusive licence subject only to payment in full of all sums payable under the Contract.
7.5 Any Input Material or other information provided by the Client which is so designated by the Client shall be kept confidential by Partner in Business LLP, and all Output Material or other information provided by Partner in Business LLP which is so designated by Partner in Business LLP shall be kept confidential by the Client, except that the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
7.6 The Client warrants that any Input Material and its use by Partner in Business LLP for the purpose of providing the Specified Consultancy Service will not infringe the copyright or other rights of any third party and the Client shall indemnify Partner in Business LLP against any loss, damages costs expenses or other claims arising from any such infringement.
7.7 Subject to clause 7.6, Partner in Business LLP warrants that any Output Material and its use by the Client for the purposes of utilising the Specified Consultancy Service will not infringe the copyright or other rights of any third party and Partner in Business LLP shall indemnify the Client against any loss damages costs expenses or other claims arising from any such infringement.

8. FORCE MAJEURE

8.1 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.
8.2 Partner in Business LLP shall not be liable for any breach of its obligations resulting from a cause beyond its control including but not limited to fire, strikes, insurrection, riots, embargoes, shortage of materials, delays in transportation, requirements of civil or military authority, war, civil unrest or terrorist action. If a default due to any of these matters shall continue for 60 days, Partner in Business LLP shall have the right to terminate the Contract without liability to the Client by serving written notice on the Client.
8.3 Save as provided for in clause 8 a Force Majeure shall not entitle the Client 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 a Force Majeure.

9. WARRANTIES AND LIABILITY

9.1 Partner in Business LLP warrants to the Client that the Specified Consultancy Service will be provided using reasonable care and skill and, as far as reasonably possible in accordance with the Specification and at the intervals and within the times referred to in the Specification.
9.2 Where in connection with the provision of the Specified Consultancy Service Partner in Business LLP supplies any goods or services supplied by a third party Partner in Business LLP does not give any warranty guarantee or other term as to their quality fitness for purpose or otherwise but shall where possible assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Partner in Business LLP.
9.3 Any claim by the Client of any breach by Partner in Business LLP of the Contract or these Conditions (including the warranty contained in Clause 9.1 above), must be notified to the Partner in Business LLP within 10 working days of the supply of the Specified Consultancy Service. If the Client does not notify Partner in Business LLP accordingly, the Client will be deemed to have accepted the Specified Consultancy Service and Partner in Business LLP shall have no liability in relation to the provision of the Specified Consultancy Service and the Client shall be bound to pay the Price in full. Where the Client has made a valid claim, Partner in Business LLP will at its sole discretion either re-perform the part of the Specified Consultancy Service which does not comply with the Contract or refund the Client of such amount of the Price as is reasonable on a quantum meruit basis.
9.4 Partner in Business LLP shall have no liability to the Client for any loss damage costs expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non-arrival or any other fault of the Client.
9.5 Except in respect of death or personal injury caused by Partner in Business LLP’s negligence or as expressly provided in these Conditions Partner in Business LLP shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Partner in Business LLP, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of Partner in Business LLP under or in connection with the Contract shall not exceed the amount of Partner in Business LLP’s charges for the provision of the Specified Service, except as expressly provided in these Conditions.
9.6 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.7 Any dates quoted for delivery of the provision of the Specified Consultancy Services are approximate. Partner in Business LLP shall not be liable to the Client or be deemed to be in any breach of the Contract by reason of any delay in performing, or any failure to perform, any of Partner in Business LLP’s obligations in relation to the Specified Service. Unless stated in the Overriding Terms and Conditions time of delivery of the Specified Consultancy Service shall not be of the essence of the Contract.

10. CONFIDENTIALITY

10.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by Partner in Business LLP or its agents and any other confidential information concerning Partner in Business LLP’s business or its products which the Client may obtain and the Client shall restrict disclosure or such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Client’s obligations to Partner in Business LLP and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind the Client.

11. TERMINATION

11.1 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and if capable of remedy fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into administration, administrative receivership, receivership, voluntary arrangement or liquidation or in the case of an individual or firm becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
11.2 The cost of all and any work completed by Partner in Business LLP up to the date of termination and any costs incurred by Partner in Business LLP as a result of a cancellation by the Client under clause 11.1 will be payable by the Client to Partner in Business LLP.

12. DATA PROTECTION

12.1 Partner in Business LLP will only use any personal information made available to it for the purpose of providing the Specified Consultancy Service to the Client outlined in the Contract.

13. GOVERNING LAW

13.1 The construction, validity and performance of the Contract and these terms and conditions shall be governed and construed in accordance with English law.

14. GENERAL

14.1 These Conditions (together with the terms, if any, set out in the Specification and/or Special and Overriding Terms and Conditions) constitute the entire agreement between the Parties, supersede any previous agreement or understanding and may not be varied except in writing between the Parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
14.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.5 When Services are provided by Partner in Business LLP as part of a Government funded scheme the Client shall keep and make available for audit by Partner in Business LLP’s or Government auditors all records relating to the Services including any Baseline, Outputs or Results data for a period of six years from the completion of the Contract or any alternative date provided in writing by Partner in Business LLP.