HURLINGHAM
ADVISORY
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Terms & Conditions
I. WHEN HURLINGHAM ACTS AS PRINCIPAL
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Defined Terms:
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"Owner": the party for whom Hurlingham is undertaking services.
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"Contractor": any party contracted to perform services.
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"Work": all services, tasks, or deliverables described in the Contract.
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"Property": the premises or asset involved in the Work.
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Permits, Taxes, and Compliance: The Contractor is responsible for obtaining all required permits and complying with all relevant laws, taxes, and employment regulations.
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Health & Safety / Hazardous Materials: The Contractor must maintain safety on site and may not bring hazardous materials without prior written consent from Hurlingham.
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Contractor Personnel: Hurlingham reserves the right to remove any Contractor personnel who engage in inappropriate behaviour.
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Indemnification: Contractor must indemnify Hurlingham, the Owner, and all affiliated parties against any claims, liabilities, or damages arising from the Work, excluding claims solely caused by Hurlingham's gross negligence or willful misconduct.
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Termination: Hurlingham may terminate the contract immediately upon breach, or without cause by giving 30 days' written notice.
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Recordkeeping and Audit: Contractor must retain accurate records for three years and allow Hurlingham access for audit purposes.
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Warranty: All goods and services provided must be free of defects and suitable for their intended purpose. Issues discovered within one year must be remedied by the Contractor.
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No Liens: Contractor waives any rights to place a lien on the Property.
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Assignment and Subcontracting: Contractor may not assign or subcontract any portion of the Contract without prior written approval.
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Force Majeure: Delays due to unforeseen events are excused, but Hurlingham may procure alternative services during such delays.
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Confidentiality: All information provided by Hurlingham is confidential. Contractor must not disclose or use such information outside of the Contract.
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Compliance with Law: Contractor must comply with all applicable laws including labour, environmental, and safety laws.
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Miscellaneous Provisions
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Modifications must be in writing.
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Governing law is the jurisdiction where the Property is located.
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Severability and headings are for ease of reference only.
II. WHEN HURLINGHAM ACTS AS AGENT FOR OWNER
All the provisions above apply with the following modifications:
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Agent Definition: Hurlingham acts as an agent for the Owner and holds no financial liability for payment or performance unless otherwise stated.
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Owner Liability: Contractor agrees that all financial claims and liabilities are between the Contractor and the Owner, not Hurlingham.
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Assignment by Owner: The Owner may assign the Contract at any time. Hurlingham’s role is solely to facilitate the relationship.
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Indemnity: Contractor must indemnify both the Owner and Hurlingham from any claims arising from Contractor’s actions or omissions.
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Confidentiality and Ownership of Work: All documentation and work product become the property of the Owner. Confidentiality applies equally as if Hurlingham were the principal.
III. ADDITIONAL TERMS (APPLICABLE IN ALL CASES)
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Data Protection: Contractor shall comply with all applicable data protection regulations, including the UK GDPR and Data Protection Act 2018.
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Anti-Bribery and Anti-Corruption: Contractor shall not offer or accept bribes and must comply with the UK Bribery Act 2010.
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Equal Opportunity: Contractor agrees not to discriminate and to take affirmative action to ensure equal employment opportunities.
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Insurance: Contractor must maintain appropriate insurance, including public liability, professional indemnity, and employer’s liability insurance, and provide evidence upon request.
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Survival: Provisions relating to confidentiality, indemnity, recordkeeping, and warranties shall survive termination or completion of the Contract.