Terms & Conditions

BETWEEN:
CompassAI is a trading name of Compass Computing Ltd. When Compass Computing Ltd, their employee(s), director(s), consultant(s), agent(s) or associate(s) [hereafter referred to as ‘CompassAI’] are engaged to carry out any accident (collision / crash) investigation or any associated services these Terms and Conditions shall be deemed as being accepted by those instructing CompassAI, whether an individual or a company, including solicitors [hereafter referred to as ‘the Client’].

PAYMENT PERIOD:
Full payment of due invoices to be paid within thirty (30) days of the invoice date at the latest.

Work for “private clients”, that is those not known as “Solicitors” or “Insurers” may be asked to pay 50% of the estimated total [plus VAT] prior to work commencing.

CHARGING METHOD:
Work will be invoiced either at a fixed rate or per hours worked plus additional fees such as travelling. Where an hourly rate is applicable an estimate of these hours will be provided prior to starting the work, and if likely to be exceeded will only happen if agreed to by the client.

INTEREST ON LATE PAYMENT:
All overdue amounts will be charged at a rate of 8% per annum above bank base rate. Any failure to pay an invoice will be pursued through UK court(s), all costs to CompassAI for this process will be paid by the client.

PRICES:
Prices quoted / estimated for services will remain correct for 60 days from the date of the quotation / estimate, whether the quotation / estimate is verbal, written or computer generated.

VAT:
CompassAI is VAT registered; therefore all prices quoted / estimated will be subject to Value Added Tax, VAT will be charged at the applicable rate at the time of invoicing.

TERMINATION:
CompassAI may terminate this agreement forthwith upon notice to the Client without prejudice to the rights of CompassAI accrued on or prior to such termination if the Client:

• Is dissolved;
• Becomes insolvent or fails or is unable or admits in writing its inability to pay its debts as they become due;
• Makes a general assignment, arrangement or composition with or for the benefit of its creditors;
• Institutes or has instituted against it a proceeding seeking a judgement of insolvency bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights or has presented against a petition for its winding-up or liquidation and, in the case or any such proceeding or petition:
  results in a judgement of insolvency or bankruptcy or the entry of an Order for relief or the making of an Order for the winding-up or liquidation of the Client, or is not dismissed, charged, stayed or restrained in each case within 15 days of the institution or presentation thereof.
• Has a resolution passed for its winding-up or liquidation.
  Seeks or becomes subject to appointment of an administrator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; or
• Any event occurs with respect to the Client which under the applicable laws for any jurisdiction has an analogous effect to any of the events specified in (a) to (g) above (inclusive).

PROFESSIONAL INDEMNITY:
CompassAI holds professional indemnity insurance, to the value of £1,000,000. If a client feels this is insufficient cover they must inform CompassAI prior to instructing them.

PUBLIC LIABILITY:
CompassAI holds public liability insurance, to the value of £1,000,000. If a client feels this is insufficient cover they must inform CompassAI prior to instructing them.

TIMELINESS:
A delivery date estimation will be proved at the commencement of any instructed work, CompassAI reserves the right to terminate instructions if an unrealistic time constraint that is required that was not requested at the time of instruction. Work completed up to that point will still be subject to payment.

COURT ATTENDANCE:
The expert that completed any instructed work will be able to attend court, at CompassAI standard expert hourly rate, with travelling time charged at half the hourly rate with additional expenditure invoiced also. If dates to avoid are not sought CompassAI shall not be held liable for any outcome caused by their expert’s non-attendance if insufficient notice is given. Please apply for ‘dates to avoid’ in a timely manner. CompassAI reserves the right to invoice for late cancellation of court attendance.

RESPONSIBILITY:
Instructions will be held as being between the client, whether an individual or a company, not with the Legal Services Commission or the Courts. The client giving instructions are responsible for all fees incurred, including those for Court attendance. If the client is a professional client such as a Solicitor instructing CompassAI on behalf of a lay Client, the professional client will be responsible for the firm’s fees whether or not he or she has received funds from the lay client or from the Legal Aid Fund. Any shortfall in fees due and fees claimed from and paid by the court will be invoiced to the client.

JURISDICTION:
Any contract or agreement shall be construed as having been made in England and subject to the Law of England and Wales and subject to the jurisdiction of the English Courts.

DOCUMENT STORAGE:
CompassAI will, at the conclusion of each case, retain the client’s file of papers and other documents for such a period of time that they feel appropriate at their discretion. If the client requires such papers to be retained for any specific period, they must give CompassAI notice in writing to that effect. If this is the case we reserve the right to require the client to take personal custody of the papers, and cover the cost of transferring the documents to their premises.