The terms and conditions governing our professional services
These Terms of Business govern all services provided by ABL Risk Management Limited ("we", "us", "our" or "ABL Risk") to our clients ("you", "your" or "the Client"). Please read these terms carefully before engaging our services. By instructing us to proceed with any work, you agree to be bound by these terms.
These terms should be read alongside any proposal, engagement letter, or statement of work we provide ("the Proposal"). Together, these documents form "the Contract" between us.
In these Terms of Business:
ABL Risk Management acts as an independent contractor and not as an employee, partner, or agent of the Client, except where specifically appointed to act as agent for a defined purpose within the Proposal.
The Contract comes into effect when you accept our Proposal in writing (including by email), or when you instruct us to commence work, whichever occurs first. No work will be undertaken without a confirmed instruction.
Any changes to the agreed scope of work must be agreed in writing. Where additional work is required beyond the original scope, we will provide a revised Proposal and such work will be charged at our prevailing rates.
Unless otherwise stated in the Proposal, fee rates are fixed for the duration of the Project. All fees are quoted exclusive of VAT, which will be charged at the prevailing rate where applicable.
In addition to our fees, we will charge for reasonable expenses properly incurred in connection with the Project, including:
Significant expenses (over £250) will be agreed with you in advance where practicable.
Invoices are issued upon completion of the Project, or monthly for ongoing engagements. Payment is due within 14 days of the invoice date.
We reserve the right to charge interest on overdue amounts at 4% above the Bank of England base rate, calculated daily from the due date until payment is received.
Note: We may suspend work on any Project where invoices remain unpaid beyond 30 days, without liability for any resulting delays.
You may cancel a Project at any time by giving written notice. The following charges will apply:
If you postpone a scheduled site visit or meeting with less than 48 hours' notice, we reserve the right to charge a postponement fee equivalent to 50% of the applicable day rate.
We may cancel or suspend a Project if:
We will use reasonable endeavours to complete the Project within any timescales set out in the Proposal. However, all dates are estimates given in good faith and are not binding commitments.
Time shall not be of the essence for any delivery dates. If it becomes apparent that a deadline cannot be met, we will notify you as soon as practicable and work with you to agree a revised schedule.
We shall not be liable for any loss, damage, or additional costs arising from delays, whether caused by us or otherwise, except where such delay results from our gross negligence or wilful default.
To enable us to deliver the Project effectively, you agree to:
Where delays occur due to late or incomplete information from you, we may need to revise timescales and/or fees, and we shall not be liable for any resulting impact on the Project.
We will perform all services with reasonable skill and care, in accordance with generally accepted professional standards in our industry.
Our reports and recommendations are based on the information available to us at the time. We do not warrant or guarantee any particular outcome, and our findings should be considered alongside your own judgement and that of your other professional advisors.
Unless expressly stated otherwise in the Proposal, our services do not constitute legal, tax, or regulated financial advice. Where such advice is required, you should consult appropriately qualified professionals.
Any documents, data, or materials you provide to us remain your property. We will take reasonable care of such materials but accept no liability for loss or damage howsoever caused.
You should collect or arrange return of your materials within 30 days of Project completion. After 6 months, we may dispose of physical materials without liability. Electronic data will be retained and deleted in accordance with our data retention policy.
We recommend you retain copies of all materials provided to us.
We will keep confidential all information relating to you, your business, and your customers that we receive in connection with the Project. We will not disclose such information to third parties without your consent, except:
We process personal data in accordance with UK data protection legislation, including the UK GDPR and Data Protection Act 2018. Our full Privacy Policy is available at ablrisk.co.uk/privacy.
Where we process personal data on your behalf:
We will not refer to you or the Project in any marketing materials or public statements without your prior written consent.
All intellectual property rights in our methodologies, templates, systems, know-how, and proprietary tools remain our property. You may not copy, adapt, or share these with third parties.
Upon payment of all fees due, you will own the copyright in the final Deliverables prepared specifically for you. However, we retain the right to use anonymised or aggregated insights for our own research and development.
You may not publish or publicly reference our reports or findings without our prior written consent.
Professional Indemnity Insurance: We maintain Professional Indemnity cover of £5,000,000 per claim. Certificate details are available upon request.
Our total liability to you in connection with the Contract, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of:
We shall not be liable for any:
Nothing in these terms excludes or limits our liability for fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence.
Any claim against us must be notified in writing within 12 months of the date you became aware (or ought reasonably to have become aware) of the circumstances giving rise to the claim, and in any event within 6 years of the completion of the relevant Project.
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond reasonable control, including but not limited to:
The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 days, either party may terminate the Contract without liability.
You agree that we may communicate with you by email and other electronic means. Instructions received by email from authorised representatives will be treated as valid written instructions.
We take reasonable precautions to keep our systems secure, but we cannot guarantee the security of information transmitted electronically. We accept no liability for any loss arising from interception, corruption, or non-delivery of electronic communications.
Our full email disclaimer is available at ablrisk.co.uk/email-disclaimer.
We conduct our business ethically and in compliance with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010.
We do not offer, promise, give, request, or accept bribes or other improper payments or advantages. We expect the same standards from our clients and their representatives.
If you become aware of any actual or suspected breach of anti-bribery laws in connection with our engagement, please notify us immediately.
We are committed to providing an excellent service. If you are dissatisfied with any aspect of our work, please let us know as soon as possible so we can address your concerns.
In the first instance, please contact the person managing your Project. If you remain dissatisfied, or prefer to escalate directly, please write to:
Paul Murphy, Managing Director
ABL Risk Management Limited
Suite 15, Station House, Central Way, Warrington WA2 7FW
Email: paul@ablrisk.co.uk
Either party may terminate the Contract:
On termination, you must pay for all work completed and expenses incurred up to the termination date. We will provide you with any completed Deliverables and return your materials.
Clauses relating to confidentiality, intellectual property, liability, and governing law shall survive termination.
We may subcontract elements of the Project to appropriately qualified individuals or firms, and may assign our rights under the Contract to any successor business. We remain responsible for the performance of any subcontractors.
You may not assign or transfer your rights or obligations under the Contract without our prior written consent.
We hope that any concerns can be resolved through open dialogue. In the event of a dispute:
Nothing in this clause prevents either party from seeking urgent injunctive relief.
The Contract and any dispute arising from it shall be governed by and construed in accordance with the laws of England and Wales.
Both parties submit to the exclusive jurisdiction of the courts of England and Wales.
The Contract constitutes the entire agreement between us and supersedes all prior discussions, representations, and agreements.
No variation of these terms shall be effective unless agreed in writing by both parties.
A failure or delay in exercising any right under the Contract shall not constitute a waiver of that right.
If any provision of the Contract is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
The Contract does not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
Notices under the Contract must be in writing and sent to the addresses specified in the Proposal (or such other address as notified in writing). Notices sent by email are deemed received on the next Working Day; notices sent by post are deemed received 2 Working Days after posting.
Questions about these terms? Please contact us at paul@ablrisk.co.uk or call 07554 584451. We're happy to discuss any aspect of our engagement.