Planning Terms of Business 2025
HL Rural
1 – DEFINITIONS AND GENERAL
1.1 – HL RURAL registered office is at: Little Trethellan, Lanner, Redruth, Cornwall TR16 6BP.
1.2 – General correspondence or enquiries should be forwarded to: HL Rural, Little Trethellan, Lanner, Redruth, Cornwall TR16 6BP. By phone: 077927611687 or by email to yvonne@hlrural.co.uk.
1.3 – Accounts enquiries should be sent to yvonne@hlrural.co.uk.
1.4 – “Client” means any person, partnership or company whose request for the provision of services is accepted by HL Rural Limited for the purposes of this document and related contractual undertakings hereinafter referred to as HL RURAL.
1.5 – For the avoidance of doubt HL RURAL itself shall have no liability whatsoever to the Client under these conditions.
1.6 – These conditions shall apply to all services provided by HL RURAL to the Client (“Services”) unless otherwise agreed in writing. These conditions shall take effect to the exclusion of any other terms and conditions of the Client or otherwise. No prior correspondence, addition to, variation or waiver of these conditions shall be binding unless agreed in writing by HL RURAL.
1.7 – The headings in these conditions shall not affect their construction or interpretation.
2 – PROVISION OF SERVICES
2.1 – HL RURAL shall provide Services according to the written instructions received from the Client from time to time for the fee agreed in writing. In default of agreement HL RURAL shall charge for the Services at its usual unadjusted rates for such work at a rate of £120 / hour plus disbursements and expenses. Any discounts, offers or reduced rates offered by HL RURAL to the Client shall be offered in good faith. However, in any case of default of agreement, any discounts, offers or reductions offered shall become void and the full unadjusted fees shall become payable (at HL RURAL discretion).
2.2 – Where a member of HL RURAL staff is named as the person to provide the Services HL RURAL shall be entitled to use other staff of comparable skill and experience to supply Services.
2.3 – Unless otherwise agreed in writing between the parties HL RURAL will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases HL RURAL will take reasonable steps to safeguard the security of the information held and transmitted, but will not accept liability for its security and confidentiality beyond these steps.
2.4 – HL Rural may record, without further notice, all telephone and verbal communications (incoming and outgoing) for monitoring, training, security and customer service purposes. Information recorded and data held will be treated as with all other electronic communications.
3 – CLIENT OBLIGATIONS
3.1 – The Client warrants that all information provided by or for them to HL RURAL will be complete and accurate.
3.2 – The Client will be responsible for assessing and acting upon the recommendations and advice given by HL RURAL and for any commercial decisions that it makes. The Client is responsible for taking into account the limitations in the instructions given to HL RURAL, and commercial and other factors, of which the Client and its other advisors are, or should be, aware.
3.3 – The Client will ensure that all legislative and health and safety requirements are complied with in relation to employees of HL RURAL working on the Client’s premises.
3.4 – The Client will ensure that any employee, employees, agents or themselves attending HL RURAL premises will comply with statutory and HL RURAL health, safety, welfare, information technology and security arrangements.
3.5 – Delivery, maintenance and insurance of materials and equipment provided by the Client shall be the responsibility of the Client.
3.6 – HL RURAL will be responsible for its own materials and equipment.
3.7 – The Client will indemnify HL RURAL against claims brought or threatened by third parties (including all liabilities, losses, reasonable legal fees and internal management and administrative costs arising from such claims) as a result of or connected with the Services except to the extent that HL RURAL is legally liable to the Client.
3.8 – Where it is appropriate to do so the client will assist HL RURAL with any marketing and promotional activities that HL RURAL may choose to undertake (at the company’s own cost unless by mutual agreement) either during or after the completion of the agreed works. This will include but is not limited to providing reasonable opportunity for collection of promotional photographs and other marketing media (including written articles) relating to works undertaken and, where safe and lawful to do so, the Client will permit HL RURAL to install promotional signage at the site for the duration of the project.
4 – PAYMENT TERMS
4.1 – Clients are guided to take notice of payment terms written within estimate and or contractual documentation issued. Unless otherwise stated all invoiced sums are due within 7 days of invoice date with the exception of initial planning applications where fees are payable on submission. HL RURAL reserves the right to withhold planning applications or other submissions until cleared funds are received and confirmed.
4.2 – HL RURAL reserves the right unilaterally to vary payment terms by giving prior written notice.
4.3 – If any payment is not made to HL RURAL by the due date:
i – HL RURAL reserves the right to cease to provide the Services, to withdraw any active applications submitted on behalf of the client and to terminate any contract.
ii – HL RURAL reserves the right to charge additional fees (in accordance with clause 2.1 above) to recover any costs incurred in administration of the account, and where necessary, to pass on the Clients account to an external agency for immediate collection without further notice to the Client.
iii – The Client agrees that payment for all contracted services and or services carried out by HL RURAL up to that date shall become due and payable forthwith whether or not an invoice has been issued in respect of that work and notwithstanding that 7 days may not have expired since the invoice date.
iv – HL RURAL reserves the right to charge compensation and interest on any late or overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or any subsequent revisions or replacement thereof. The rate of interest calculated in respect of late payments will be 5 percent over the base rate of Lloyds Bank PLC in force from time to time.
v – Where any agreement between the Client and HL Rural are not expressly covered by provisions of the Late Payment of Commercial Debts (Interest) Act 1998, the Client agrees to pay compensation and interest on overdue sums as if they were a body corporate and thus obligated by that act.
4.4 – The Client shall reimburse HL RURAL for all expenses properly incurred by HL RURAL in the discharge of the Services.
4.5 – Where required, HL RURAL will add VAT to its charges and expenses at the applicable rate then in force.
4.6 – HL RURAL reserves the right to take up credit, bank and other references.
5 – HL RURAL WARRANTIES AND LIABILITY
5.1 – HL RURAL will use reasonable skill and care in carrying out the Services. HL RURAL advice is based upon the business climate and circumstances prevailing at the time the advice is given. HL RURAL accepts no responsibility for any external factors which may later change or fluctuate or of which HL RURAL cannot reasonably be expected to be aware.
5.2 – The parties agree that HL RURAL advice will only apply in the context of the instructions given by the Client to HL RURAL.
5.3 – HL RURAL will not accept liability for use by the Client in any other circumstances.
5.4 – Any advice or recommendations given by HL RURAL as part of the Services will not be binding on HL RURAL unless confirmed by HL RURAL in writing.
5.5 – Any work carried out for the Client by HL RURAL outside the Services and for which HL RURAL does not charge the Client shall not be, or deemed to be, subject to any contract between HL RURAL and the Client. HL RURAL will not expect or agree to the Client relying upon such work and HL RURAL excludes all liability in contract and in tort, including for negligence, for such work.
5.6 – HL RURAL will not be liable for:
i – Loss of anticipated profits or expected future business.
ii – Damage to reputation or goodwill.
iii – Damages, costs or expenses payable by the Client to any third party.
iv – Loss of any order or contract.
v – Indirect or consequential loss of any kind.
5.7 – HL RURAL will not be liable for:
i – Any failure or delay in carrying out the Services attributable to any act or omission, or delay by the Client, its employees or contractors.
ii – Any products supplied by a third party.
5.8 – The Client shall bring any claim related to the Services within 12 months of:
i – The relevant incident.
ii – The date when the Client ought reasonably to have been aware of the existence of the claim.
HL RURAL excludes liability for claims brought outside this time limit.
5.9 – The liability of HL RURAL in contract, negligence or otherwise relating to the Services shall be limited to the reasonable cost of remedying any defect in the Services or other matter constituting a breach and in no circumstances shall the liability of HL RURAL exceed the greater of £100,000 or one and one half times the total paid by the Client to HL RURAL for the Services.
5.10 – Nothing in this clause 5 shall limit the liability of HL RURAL for death or personal injury caused by its negligence.
6 – TERMINATION
6.1 – Without prejudice to their other rights, a party may terminate the contract if:
i – The other party commits a material irremediable breach or fails to remedy a material and remediable breach within 21 days of receipt of written notice to do so.
ii – The other party has an administrator or administrative receiver appointed over all or any of its assets or goes into insolvent liquidation.
iii – An event within the scope of condition 9.2 prevents or delays HL RURAL from carrying out the Services for 60 consecutive days or more.
6.2 – Payment for all Services carried out up to and including the date of termination shall be due immediately upon termination by the Client pursuant to condition 6.1.
6.3 – Payment due on termination by HL RURAL pursuant to condition 6.1 shall include:
i – Payment for all Services carried out up to and including the date of termination.
ii – Reimbursement to HL RURAL of the cost of any commitments entered into by HL RURAL on the assumption that it would otherwise supply all of the Services.
7 – CONFIDENTIALITY AND INTELLECTUAL PROPERTY
7.1 – Subject to the following and to clause 2.3, HL RURAL will treat as confidential all trade secrets and confidential information received from the Client relating to the Services concerning the Client or its business. HL RURAL will not disclose such information to a third party without the prior written consent of the Client. HL RURAL may use information obtained while providing the Services for the compilation of statistics.
7.2 – All information and advice provided by HL RURAL to the Client is for the sole use of the Client and shall not be disclosed or made available by the Client to any third party without the prior written consent of HL RURAL.
7.3 – Neither party shall be prevented from disclosing information which:
i – Is or becomes public knowledge.
ii – Is or becomes known from other sources without restriction on disclosure.
iii – Is required to be disclosed by law.
iv – The recipient party can prove is or has been independently developed by the recipient.
7.4 – The Client will neither display nor use either the name HL RURAL or the HL RURAL logo, nor will the Client disclose to any third party HL RURAL involvement in the Services without the prior written consent of HL RURAL.
7.5 – All copyright in working papers, reports and other materials produced by HL RURAL shall vest in HL RURAL, but the Client may circulate copies of such within its own organisation.
8 – HL RURAL STAFF
8.1 – The Client shall not during the provision of the Services or within 6 months after the completion of the such without HL RURAL prior written consent offer employment to any member of HL RURAL staff who has carried out work in connection with the Services or engage any such person either directly or indirectly to provide services to the Client.
8.2 – If the Client is in breach of condition 8.1 the Client agrees to pay to HL RURAL, on demand, a sum equal to 50 percent of the total annual remuneration package paid by HL RURAL to the member of its staff concerned prior to his or her departure. The Client acknowledges that this sum represents a genuine and fair assessment of the likely loss to HL RURAL.
8.3 – If the Client is in breach of condition 8.1, notwithstanding 8.2 above, and the member of staff is a shareholder in HL RURAL, the Client agrees to pay a sum to HL RURAL equivalent to the total value of shares held by the relevant staff member at the time.
9 – MISCELLANEOUS
9.1 – If two or more parties engage HL RURAL to supply Services in respect of a particular contract then such parties shall be jointly and severally liable for payment for the Services.
9.2 – HL RURAL will not be liable for any failure or delay in carrying out the Services due to any circumstances beyond its reasonable control.
9.3 – Any notice by either party shall be deemed to have been properly given if delivered by hand, or sent by first class recorded delivery post to the other party at its address notified in writing, and shall be deemed to have been delivered two working days after the date of posting.
9.4 – Any condition found to be invalid or unenforceable shall be severed, and the remaining conditions shall continue to be valid and enforceable as if the contract had been agreed without the invalid or unenforceable condition.
9.5 – The contract to which these terms and conditions apply shall be governed by English law and the parties submit to the nonexclusive jurisdiction of the English courts.
9.6 – Conditions 7 and 8 shall remain enforceable irrespective of termination of the contract or completion of the Services for whatever reason. Termination or completion shall not prejudice the accrued rights or liabilities of either party.
9.7 – A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any condition of this Contract. This does not affect any right of a third party which exists other than pursuant to that Act.
10 – AGREEMENT WITH TERMS
10.1 – Clients should read these terms in full and inform us prior to instructing us if they do not agree to any of the above terms or if they require any amendment. Payment of our invoiced fee will be taken as agreement to these terms.
HL Rural
2025