TERMS AND CONDITIONS FOR SUPPLY OF PROFESSIONAL SERVICES
“Agreement” means these Terms and Conditions together with the terms of any applicable Service Specification. “Customer” means the limited company, partnership, sole trader, organisation, or person for whom services are rendered by the Supplier. “Supplier” refers to Business Rates & Valuations Limited. “Service Specification” means a statement of work describing the services to be provided by the Supplier. “Ratings List” refers to the list of Rateable Values issued by the Inland Revenue Valuation effective from 1 April 2017, valid for 10 years, as amended from time to time, except for reductions achieved by the Supplier on behalf of the Customer. “Rateable Value” refers to the value of a property as listed on the Ratings List and the value achieved following a successful appeal made by the Supplier on behalf of the Customer.
General
These Terms and Conditions apply to all contracts and agreements for the supply of services by the Supplier to the Customer. Before commencing services, the Supplier will provide the Customer with a Service Specification detailing the services and applicable fees. The Customer must notify the Supplier immediately if they disagree with any part of the Service Specification. Once signed, the Service Specification becomes a binding contract. The Supplier agrees to carry out all services as specified in the Service Specification. The Supplier is granted authority to act on behalf of the Customer in appeals, settlements, or any other relevant actions regarding business rates, as per the terms of this Agreement. The Supplier shall use all reasonable skill and care when delivering the agreed services. The Customer agrees to make payments to the Supplier for services as set out in the Service Specification and these Terms and Conditions. If the Customer terminates or cancels services as agreed in the Service Specification, the Customer is required to compensate the Supplier with a fixed net fee of £495.00, in addition to any applicable commission outlined in Section 3. The Customer is liable for any expenses incurred by the Supplier due to the Customer’s failure to comply with the terms of this Agreement. The Supplier reserves the right to amend these Terms and Conditions and will notify the Customer of any changes. Amendments will not affect contracts already in effect unless agreed by both parties. If the Customer disinstructs the Supplier at any stage of the Check, Challenge, or Appeal process, the Customer remains liable for any obligations under the agreed contract. The Customer must be registered on the Valuation Office Agency (VOA) Online Portal within seven (7) days of signing the Service Specification. Failure to do so may delay or affect the Supplier’s ability to act on the Customer’s behalf. In some cases, there may be insufficient grounds to proceed with a business rates challenge. The Supplier is not responsible for any increases in the Customer’s Rateable Value during the Check, Challenge, or Appeal process.
Fees for services are outlined in the Service Specification and become payable once the Valuation Office Agency has approved the Supplier as the Customer’s acting agent. Payment is due within seven (7) days or as otherwise agreed between the parties. The Supplier’s commission for services is 25% of the reduction in Rateable Value for each successful appeal made during any rating period, payable by the Customer. If the Customer achieves a reduction in their Rateable Value while under contract with the Supplier, a 25% commission is applicable.
Alteration to the Service Specification
Warranty
No alterations to the Agreement between the parties will be binding unless agreed in writing and signed by authorised representatives of both parties.
The Supplier warrants that services will be performed with reasonable skill and care. All warranties, whether express or implied, are excluded to the fullest extent permitted by law, except as stated in this Agreement.
Limitation of Liability
Termination
The Supplier’s liability for any breach of this Agreement, including negligence, is limited to the fees paid by the Customer for the relevant services.
Either party may terminate this Agreement by written notice if the other party resolves to wind up (other than for the purpose of amalgamation or reconstruction), ceases to conduct its business or substantially the whole of its business, or if a receiver, trustee, or similar officer is appointed over the other party’s assets.
Interest
Independent Third Parties
If the Customer fails to make payment as required, the Supplier is entitled to interest at 8% per annum above the base rate of the Bank of England from the date the sum became overdue until payment is received.
The Supplier and Customer are independent entities. Neither party has authority to bind the other, except as expressly agreed in writing. This Agreement does not confer any rights on third parties.
Assignment
Severability
The Customer may not assign its rights or delegate its obligations under this Agreement without prior written consent from the Supplier.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Notices and Communication
Entire Agreement
Any notice required under this Agreement may be served via email, fax, personal service, or post to the address provided in the Service Specification or as updated by written communication.
This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes any prior agreements, arrangements, or proposals, whether oral or written. This Agreement may only be varied by a document signed by both parties.
Representations
The Supplier’s officers, employees, or agents are not authorised to make representations regarding the services unless confirmed in writing by the Supplier. Nothing in these Terms and Conditions limits liability for fraud or negligence resulting in death or personal injury.
