TERMS OF AGREEMENT FOR PROFESSIONAL SERVICES
1. 4D Surveying shall provide to the Client the consulting services describe in the accompanying letter.
2. In providing the services 4D Surveying shall exercise the degree of skill, care and diligence normally exercised by professional consultants in similar circumstances.
3. The Client shall provide to 4D Surveying briefing and all information concerning the Client’s requirements for the commission.
4. The Client shall pay to 4D Surveying the Fee and Expenses as set out in the accompanying letter.
5. 4D Surveying carry all the required insurances.
6. No action shall lie against 4D Surveying at the suit of the Client after the expiration of one (1) year from the date of the invoice in respect of the final amount claimed by 4D Surveying pursuant to clause 4.
7. Copyright on all drawings, reports, specifications, bills of quantity, calculations and other documents provided by 4D Surveying in connection with the project shall remain the property of 4D Surveying
8. Subject to Clause 10, the Client alone shall have a license to use the documents referred to in Clause 7 for the purpose of completing the project, but the Client shall not use, or make copies of such documents in connection with any work not included in this project.
9. If the Client is in breach of any obligation to make payment to 4D Surveying, 4D Surveying may revoke the license referred to in Clause 8, and the Client shall then cause to be returned to 4D Surveying all documents referred to in Clause 8, and all copies thereof.
10. Any dispute between 4D Surveying and the Client shall first be the subject of mediation provided that this provision shall not prevent 4D Surveying from instituting legal action at any time to recover monies owing by the Client to 4D Surveying.
11. 4D Surveying may suspend or terminate its obligation under this Agreement in the event of:
(a) Monies payable to 4D Surveying hereunder being outstanding for more than 60 days;
(b) In other substantial breach by the Client of his obligations hereunder, which breach has not been remedied within 30 days of written notice from 4D Surveying requiring the breach to be remedied.
(c) Upon giving the Client 60 days written notice of his intention to do so.