Last updated: 1 January 2024. Please read these terms carefully before engaging our services.
These Terms and Conditions ("Terms") govern the provision of consultancy services by Nicky Gould Ltd ("the Company," "we," "us," or "our"), a company registered in England and Wales. Our registered office is located at Cardinal House, 2nd Floor, 20 St Mary's Parsonage, Manchester, England, M3 2LG.
By engaging Nicky Gould Ltd to provide consultancy services, you ("the Client") agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not engage our services.
The Company provides supply chain management, procurement, cost optimisation, mergers and acquisitions advisory, and capability building consultancy services ("Services") as specifically defined in an agreed Statement of Work ("SOW") or engagement letter.
All Services are subject to a separate, written agreement that sets out the specific scope, deliverables, timelines, and commercial terms applicable to each engagement. In the event of any conflict between these Terms and a specific engagement agreement, the engagement agreement shall take precedence.
The Company reserves the right to sub-contract elements of the Services to appropriately qualified third parties, provided that such sub-contracting does not compromise the quality or confidentiality of the work.
Fees for Services are set out in the relevant SOW or engagement letter and may be structured as fixed-price, time-and-materials, milestone-based, or retainer arrangements.
Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date. The Company reserves the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
All fees are exclusive of VAT, which will be charged at the prevailing rate where applicable. Out-of-pocket expenses reasonably incurred in the provision of the Services (including travel, accommodation, and subsistence) will be recharged to the Client at cost.
Each party agrees to hold in strict confidence all Confidential Information received from the other party and to use such information solely for the purposes of the engagement. "Confidential Information" means all non-public business, financial, technical, and operational information disclosed by either party.
These confidentiality obligations shall survive the termination of any engagement for a period of five (5) years.
Exceptions apply where information: (a) is or becomes publicly available other than through a breach of these Terms; (b) was already known to the receiving party; (c) is required to be disclosed by applicable law or a court of competent jurisdiction.
Unless otherwise agreed in writing, all intellectual property rights in methodologies, frameworks, tools, templates, and know-how developed or used by the Company in the provision of Services ("Company IP") shall remain the sole property of the Company.
Deliverables produced specifically for the Client as part of an engagement (such as reports and recommendations) shall, upon receipt of full payment, be licensed to the Client on a non-exclusive, non-transferable basis for internal business use only.
The Client shall not reproduce, distribute, or use Company IP for any purpose other than as permitted under these Terms without prior written consent from the Company.
To the maximum extent permitted by applicable law, the Company's total aggregate liability to the Client in connection with any engagement shall not exceed the total fees paid by the Client to the Company in the three (3) months preceding the event giving rise to the claim.
The Company shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, revenue, business, or data, even if the Company has been advised of the possibility of such damages.
Nothing in these Terms shall limit or exclude the Company's liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be lawfully limited or excluded.
Either party may terminate an engagement by providing written notice in accordance with the terms set out in the relevant SOW. In the absence of a specific notice provision, a minimum of 30 days' written notice is required.
Upon termination, the Client shall pay all fees and expenses accrued up to the date of termination. The Company shall promptly return or destroy all Client Confidential Information upon termination, subject to any legal retention obligations.
The Company reserves the right to terminate any engagement immediately and without notice in the event of the Client's material breach of these Terms or non-payment of invoices.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
Nicky Gould Ltd is committed to protecting your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Data We Collect: We collect personal data you provide to us when making an enquiry, engaging our services, or communicating with us. This may include name, business contact details, job title, and information about your business and its supply chain challenges.
How We Use Your Data: We use personal data to respond to enquiries, deliver contracted services, send relevant business communications, and fulfil our legal obligations. We will never sell your personal data to third parties.
Data Retention: We retain personal data for as long as necessary to fulfil the purposes for which it was collected, and in any event for no longer than 7 years following the end of an engagement unless required otherwise by law.
Your Rights: You have the right to access, rectify, erase, restrict, or port your personal data, and to object to its processing. To exercise these rights, please contact us at sales@nicky-gould.co.uk.
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For any questions regarding these Terms, our privacy practices, or to exercise your data rights, please contact:
Nicky Gould Ltd
Cardinal House, 2nd Floor
20 St Mary's Parsonage
Manchester, England, M3 2LG
Email: sales@nicky-gould.co.uk
Telephone: 01617 265 252
