Terms & Conditions
These terms and conditions govern the basis upon which Navitaur Limited provides consultancy services.
Our aim is to provide you with high quality, efficient and timely services. In order to achieve these objectives we will work closely with you and ensure that we are able to deal promptly with your enquiries. We will act in what we perceive to be in your best interests, keeping your affairs confidential and, in the event that any conflict of interests may arise, point these out to you as soon as practical after we become aware of any such conflict.
Fees are based either on:
• Time spent
• A fixed fee agreed at the outset of an assignment
• A retainer plus time spent
Our letter of engagement, which we will require you to sign, will set out the basis of fees for any given assignment. Time spent on a matter will be recorded and this will include time spent seeing you or others, telephone calls, preparing, reading or considering documents, research, preparatory work, correspondence, travelling and waiting.
Our current fee rates will be set out in the letter of engagement. The rates are liable to change: if that happens we will tell you the new rates.
Unless otherwise agreed in writing, you will be responsible for the settlement of fees and for reimbursing any expenses we incur on your assignment.
If you do not pay within a reasonable period, we may treat this as a termination of our instructions from you.
Where the basis of our fees is time spent, we will do our best to keep you informed as to the likely costs.
Billing and payment arrangements
Our invoices will generally only contain a brief summary of the work carried out. You have the right to ask for a more detailed breakdown if you wish.
Depending upon the nature of the assignment, we will render invoices to you on either completion of the assignment, or on a monthly or quarterly basis. We reserve the right to send invoices on a more frequent basis if your assignment requires an unusually large amount of work, or if it is otherwise appropriate to do so.
We also reserve the right to request a payment on account of future fees to be incurred in the assignment.
All bills are for settlement in Sterling upon presentation. We reserve the right to charge interest at the rate of 5% per annum if payment is not received in full within 30 days of the account date.
There is no Value Added Tax or any other similar form of tax or levy made by the Guernsey government, which has to be paid by you on our fees. If you are resident outside Guernsey, taxes or levies on our fees payable in your country of residence or domicile will be for your account in addition to the net amount shown on our account as payable to us.
When considered appropriate, we will communicate with you by way of letter, email or telephone, or any combination of these, at the address or number last given to us by you in communication generally. We do not encrypt messages unless by prior agreement and cannot guarantee the security of any transmission in any event and accept no responsibility or liability in respect of the same. If you do not wish us to communicate with you by any particular method then you must instruct us accordingly.
We reserve the right to record telephone calls.
Storage of files and papers
We will keep all documents, correspondence, memoranda and notes which have been created in the course of our acting for you, for 6 years. During this period we reserve the right, but have no obligation, to make electronic copies of such documents, correspondence, memoranda and notes and, save for original signed documents, we reserve the right to destroy hard copies and store the remainder of the filing electronically. After 6 years our continued retention (whether in electronic form or otherwise) of files of papers and documents (other than originals) is on the clear understanding that we have the right to destroy all such files at such time as we consider appropriate and unless we have been advised by you to the contrary at or prior to the conclusion of any assignment. In accepting these terms we will treat you as having consented to the destruction of such files.
Data protection and registration
We are registered as a holder of personal data in relation to our clients and contacts under The Data Protection (Guernsey) Law, 2001. You may at any time request a copy of any personal data which we hold in electronic form about you.
We will keep your affairs confidential. However, you agree that Navitaur Limited may, if so required by insurers, auditors or other advisers, or if we decide to supply such to insurers in connection with a potential claim against Navitaur Limited, provide them with information (including documents) relating to you on an assignment.
Identity of clients and anti-money laundering procedures
We reserve the right to apply checks and procedures (including in particular confirmation of identity and address/place of business) in respect of all matters in which we are engaged. Any information and documentation provided to us in order to enable us to operate such checks and procedures may be subject to disclosure and production pursuant to orders having legal effect in Guernsey. By engaging us in any matter and providing such information as we require, you will be taken to have consented to our onward disclosure of such information to third parties where appropriate.
Variation and publication of these terms
We reserve the right to vary these terms of business from time to time including during the course of acting for you in any particular assignment. Where we do vary these terms of business in the course of acting for you, we shall use reasonable efforts to draw to your attention any such variations.
A copy of these terms of business and any variations thereto from time to time in force will be sent to you in hard copy upon request at the outset of any matter. However, these terms and any future variations thereto are published on Navitaur Limited’s website at www.navitaur.com by way of public notice to all clients and prospective clients. If we have given you written notice of the existence of these terms of business on our website and you have not requested a hard copy to be sent to you, then, by the publication of these terms and any variations thereto on our website, you shall be deemed to have agreed these terms.
Termination of instructions
Once instructed on a particular assignment, we will continue to work with you on that assignment until its conclusion unless:
• You give us written notification of the termination of your instructions;
• Fees which have been billed are overdue for payment;
• It is not appropriate or in your best interests for us to continue to provide consultancy services to you.
If we cease to act for you in any of the above circumstances we will inform you and you will be responsible for payment of all fees and disbursements up to the date of termination and any costs and disbursements reasonably incurred in connection with the transfer of the assignment to another consultant of your choice. We reserve the right to retain all papers and documents which relate to the transaction until the fees and disbursements have been paid.
Navitaur Limited is not authorised to, and does not, give investment advice.
If you are unhappy with the service which has been provided by Navitaur Limited or the level of fees charged, you should contact the Managing Director.
These terms of business shall constitute the contract for the provision of our services to our clients and shall be governed by and construed in accordance with Guernsey law. In accepting these terms of business you hereby irrevocably agree that the Courts of Guernsey shall have exclusive jurisdiction to settle any claim, difference or dispute which may arise out of or in connection with such contract and waive any rights to claim that such Courts are not an appropriate forum.