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Terms and conditions (2016-2017)

  • Inspativity’s responsibilities: We are committed to fulfilling the services outlined within this engagement proposal in the most competent way according to the industry’s and region’s standards for the type of engagement. To ensure that the best value from this proposition is achieved, Inspativity may, in agreement with the client and according to providing sufficient notice, replace some or all of the consultants working on the project performing the services by consultants who posses equal expertise and training to fulfill the services agreed.
  • Client’s responsibilities: The client would furnish documents and information relevant and required for the successful execution of the project in a timely manner as well as facilitate the cooperation to ensure deliverables are conducted according to the agreed timeframes.
  • Inspativity will not use any Confidential Information it receives from the client, shared for the purpose of this engagement project for any purpose other than to perform its obligations under this Agreement. Inspativity will not disclose any Confidential Information to third parties or to its employees, other than employees or third parties who are required to have the Confidential Information to perform obligations under this Agreement and who are bound by confidentiality terms substantially similar to those in this Section.
  • Upon request, Inspativity will destroy the client’s Confidential Information in its possession, but may: (i) retain copies of Confidential Information that it is required to retain by law or regulation; (ii) retain copies of its work product that contain Confidential Information for archival purposes or to defend its work product; and (iii) store copies made as part of routine back up of its information technology systems but the Confidential Information must continue to be handled in accordance with this Section.
  • Limitation of Liability: The total aggregate liability in tort (excluding negligence, fraud, willful misconduct or breach of statutory duty howsoever arising), contract, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall in all circumstances be limited to an amount equal to the amount actually paid by the Client to Inspativity under this Agreement excluding negligence, fraud or willful misconduct.
  • For marketing and references, Inspativity may use the logo of the client post-project on its previous clients references.
  • Governing Law: This Agreement will in all respects be governed by and construed in accordance with the laws of Dubai excluding any choice of law provisions and without effect to principles of conflicts of law, regardless of the place of making or performance.
  • Fees included in this proposal do not include flights, accommodation or other expenses for consultants working on this project unless stated otherwise. Inspativity will arrange for reasonable transportation, accommodation and other travel arrangements should the consultants be required to travel to different geographical locations outside of Dubai and would invoice the client accordingly, providing relevant proof when necessary. Where possible, Inspativity will seek to resource a consultant from the same geographical location where the project is taking place to ensure cost efficiency, except when qualified calibre is required to be resourced from elsewhere.
  • Should the client opt for project arrangements by Inspativity, we will make the necessary reservations for delegates and candidates (accommodation, flights, etc.), Inspativity will make necessary arrangements and invoice the client.
  • Cancellation for assessment/feedback must be at least 48 hours before scheduled time. Cancelled sessions would be charged unless notified more than 48 hours.
  • Deliverables are in UK English, unless agreed otherwise.
  • Actual project start date begins at least 2 weeks from the date of signing the contract, with a maximum consultant mobilization time of 4 weeks, unless agreed otherwise.
  • Client will be responsible for all applicable taxes imposed by any taxing or governmental authority, whether designated as sales, use, or other similar taxes, including any penalties or interest thereon (together “Transaction Taxes”) and bank charges related to fees transaction now in effect or hereafter imposed or based upon or resulting from the fees arising pursuant to this Agreement.
  • Inspativity may create a case study post-project to summarise the challenge, approach and results for the project. The client may choose to opt out from participating or elect to be anonymised. Inspativity may also take pictures during projects for improvement and marketing purposes. Inspativity will inform the client in advance for approval.