Business Start-up Services

Terms and Conditions

1. Interpretation
In these Conditions the following terms shall have the meanings set out below:
1. 1.1 "Commercial Work" means the provision of legal services in relation to business or related issues;
2. 1.2 "Disbursement" means a payment incurred by Forbes on behalf of a client;
3. 1.3 "New Client" means a Party that has not previously instructed Forbes in relation to any Item of Commercial Work;
4. 1.4 "Party" means any individual, partnership or company and partners in a partnership, members in a limited liability partnership and shareholders and directors in a company;
5. 1.5 "Start-Up Scheme" means the Business Start-Up Service as offered by Forbes from time to time;
6. 1.6 "VAT" means Value Added Tax.
2. Entitlement to Start-Up Scheme
1. 2.1 The Start-Up Scheme shall only apply to New Clients requiring Items of Commercial Work as described in the Start-Up Scheme terms to be carried out by Forbes.
2. 2.2 To qualify for consideration under the Start-Up Scheme confirmed instructions for Items of Commercial Work must be placed with Forbes within 28 days of the first instructions from the New Client for an Item of Commercial Work.
3. 2.3 Entitlement to the Start-Up Scheme shall depend upon the Start-Up Scheme being in effect at the time of instructions from the New Client.
4. 2.4 The decision of the Managing Partner of Forbes shall be final on any issue of entitlement to participate in the Start-Up Scheme.
3. Terms of Start-Up Scheme
1. 3.1 A New Client participating in the Start-Up Scheme shall be entitled to the benefit of the Start-Up Scheme terms as in force from time to time.
2. 3.2 The terms of the Start-Up Scheme from time to time shall be those published by Forbes including publication by means of the internet.
3. 3.3 For the avoidance of doubt the applicable terms of the Start-Up Scheme shall be those most recently published by Forbes.
4. 3.4 Prices set out in the Start-Up Scheme from time to time shall be exclusive of VAT and Disbursements unless otherwise stated.
5. 3.5 Forbes reserves the right to vary or withdraw the terms of the Start-Up Scheme in its absolute discretion and to make some or none of its terms available to any New Client.
4. Additional Work
1. 4.1 Where a Party requires Commercial Work beyond that specified in the Start-Up Scheme Forbes shall be entitled to invoice the Party for such additional work at the rates from time to time in force for Commercial Work and notified by Forbes to the Party.
2. 4.2 For the avoidance of doubt where an Item of Commercial Work covered in a basic form by the Start-Up Scheme requires Commercial Work in excess of the specification in the Start-Up Scheme such work shall be additional work for the purpose of these terms.
5. Invoice Terms
1. 5.1 All accounts, both interim and final, are due and payable on presentation. In the event that they remain unpaid for one month, we reserve the right to charge interest at the rate of 1% per month from the date of the account until payment.
6. Disclaimer
1. 6.1 Materials provided as part of the Start-Up Scheme as indications of possible contractual terms for consideration by a Party are not provided as an alternative to detailed legal advice and should not be relied upon as such.
2. 6.2 Forbes will not accept liability for any actions or omissions of a Party undertaken by reference only to standard materials provided as part of the Start-Up Scheme.
7. General
1. 7.1 These terms and conditions shall be construed in accordance with and are subject to English law.
2. 7.2 All agreements on the part of a Party which comprises more than one person or entity shall be joint and several and the neuter singular gender shall include all genders and the plural and the successors in title to a Party.
3. 7.3 The benefit of the Start-Up Scheme shall not be assignable by a Party.
4. 7.4 In the event that any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable it shall be severed from these terms and conditions in which event the remaining provisions of these terms and conditions shall remain in full force and effect.
5. 7.5 Each instruction by a New Client to Forbes qualifying under the Start-Up Scheme shall constitute a separate contract made upon these terms and conditions and such other terms as may be stated by Forbes to the New Client. No person not a party to such contract shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.