Terms & Conditions
AGP’s terms of business with its clients, suppliers and any other parties (i.e. you) are governed by our individual written contracts as provided or negotiated when we enter those specific agreements. AGP encourages all parties to seek their own legal advice before entering contracts, and we assume that we are dealing with all counterparties on a commercial arm’s length basis. Except as required by law, AGP makes no representations other than as expressly stated in its written contracts.
If AGP has commenced acting for you as a client (“Client”) prior to entering a specific written contract, for example in the event of an urgent situation, the following terms and conditions will apply:
To avoid any uncertainty as to AGP’s terms of engagement, Client agrees to seek as a priority to enter a specific written contact.
If and when a specific written contract is executed, its terms will replace or prevail over the terms and conditions set out here.
The Client will pay AGP’s advisory fees at our standard rate per hour.
The Client will pay AGP’s invoices within 14 days of the date of the relevant AGP invoice.
The Client agrees to reimburse any expenses incurred by AGP in relation this engagement, e.g. travel, accommodation or engaging a third party’s services on Client’s behalf or for their benefit.
As part of its advice to the Client, AGP may refer the Client to a supplier or vendor of risk management services (“Vendor”). Following any such a referral by AGP, it is at Client’s discretion whether or not to enter into a contract with the recommended Vendor (“Client/Vendor contract”) and on what terms; i.e. the Client will not be obliged to engage a recommended Vendor.
AGP seeks to maintain a world-class panel of AGP-approved Vendors. To assist in this process (“Vendor Review Process”), AGP may ask the Client to provide feedback to AGP on the performance of a recommended Vendor. As a limited waiver to any confidentiality obligations of the Vendor in the Client/Vendor contract, Client agrees and consents to the Vendor sharing with AGP reasonable details of the Client/Vendor contract. To manage the cost of its Vendor Review Process and its own client fee levels, AGP usually receives fees from its recommended Vendors.
Whilst AGP seeks to ensure that AGP-approved Vendors are the best in their industry, AGP (including its directors and management) is not legally responsible for the performance of a Vendor and Client agrees that any Client actions or remedies whether in contract or otherwise regarding the performance of a Vendor will be directed solely against the Vendor. The Client agrees to indemnify AGP and its directors and management against any costs or losses incurred by AGP as a result of any such legal action by Client or a related party. In any event, AGP’s aggregate liability in relation to any claim or claims by the Client in relation to this Engagement Agreement (including for advice provided to Client by AGP) will be capped at the quantum of all fees received by AGP from the Client in the six-month period prior to the date of the claim. AGP will not be liable for any consequential loss (including any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit or damages for lost opportunity, or cost of finance). The Parties agree that any advice provided by AGP is provided only to Client and not to any other person or entity.
Intellectual property – In providing advice to the client, AGP retains the ownership of all intellectual property rights owned by AGP and that any intellectual property developed or created in the course of AGP’s assignment will be and remain the exclusive property of AGP.
Governing law and dispute resolution – The arrangements between AGP and Client will be governed by the laws of England. In the event of a dispute, either party is entitled to refer the issues to the London Court of International Arbitration (LCIA) for a binding resolution under LCIA Rules with one arbitrator.