EuroAsia Investment Management

Now that you're a client of EAIM, these terms apply to you. Please read them carefully. If you have any questions just contact us - we'll be happy to help.

All contracts that the EAIM may enter into from time to time for the provision of consultancy services shall be governed by these Terms and Conditions, and EAIM will ask the Client for the Client's express written acceptance of these Terms and Conditions before providing any services to the Client.

TERMS AND CONDITIONS
1. Definitions
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:

• "Charges" means the following amounts: (a) such amounts as may be agreed in writing by the parties from time to time
  
• "Client" means the person or company that uses the professional legal and commercial advice thorough EAIM;
  
• "Client Materials" means all works and materials supplied by or on behalf of the Client to the EAIM for incorporation into the Deliverables or for some other use in connection with the Services;
  
• "EAIM" means EuroAsia Investment Management; a company incorporated in England and Wales (registration number 08695120) having its registered office at ,;
  
• "Contract" means a particular contract made under these Terms and Conditions between the EAIM and the Client;
  
• "Deliverables" means service that the EAIM has agreed to deliver to the Client under these Terms and Conditions;
  
• "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
  
• "Effective Date" means the date of execution of a Statement of Service which will be given to the Client incorporating these Terms and Conditions;
  
• "Services" means the EAIM services provided to the Client;
  
• "Statement of Services" means a written statement of work and charges agreed by or on behalf of each of the parties;
  
• "Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
  
• "Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time; and^
  
• "Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, and which the parties agree in writing shall be incorporated into the Deliverables.
  

2. Term
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force until:

• (a) all the Services have been completed; and
  
• (b) all the Deliverables have been delivered; and
  
• (c) all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Clause 11.
  

2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
3. Services
3.1 The EAIM shall provide the Services to the Client in accordance with these Terms and Conditions.
3.2 The EAIM shall provide the Services with reasonable skill and care.
4. Deliverables
4.1 The EAIM shall deliver the Deliverables to the Client.
4.2 The Client must promptly, following receipt of a written request from the EAIM to do so, provide written feedback to the EAIM concerning the EAIM's proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
4.3 The EAIM shall use reasonable endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in the Statement of Services.
4.4 The EAIM warrants to the Client that:

• (a) the Deliverables will conform with the requirements of the Statement of Work as at the date of delivery of the Deliverables;
  
• (b) the Deliverables will be free from material defects; and
  
• (c) the use of the Deliverables by the Client in accordance with these Terms and Conditions will not:
  
• (i) breach the provisions of any law, statute or regulation;
  
• (ii) infringe any third party's Intellectual Property Rights; or
  
• (iii) give rise to any cause of action against the Client, in each case in any jurisdiction and under any applicable law.
  

5. Charges
5.1 The Client shall pay the Charges to the EAIM in accordance with these Terms and Conditions.
5.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
6. Payments
6.1 The EAIM shall issue invoices for the Charges to the Client in advance of the delivery of the relevant Services to the Client.
6.2 The Client must pay the Charges to the EAIM following the issue of an invoice.
6.3 The Client must pay the Charges by debit card, credit card, direct debit, bank transfer (using such payment details as are notified by the EAIM to the Client from time to time).
6.4 If the Client does not pay any amount properly due to the EAIM under these Terms and Conditions, the EAIM may:

• (a) charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
  
• (b) claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
  

7. Warranties
7.1 The Consultant warrants to the Client that:

• (a) the EAIM has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;
  
• (b) the EAIM will comply with all applicable legal and regulatory requirements applying to the exercise of the Consultant's rights and the fulfilment of the Consultant's obligations under these Terms and Conditions; and
  
• (c) the EAIM has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.
  

7.2 The Client warrants to the EAIM that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
7.3 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions and the applicable Statement of Services. Subject to Clause 8.1, no other warranties or representations will be implied into the Contract and no other warranties or representations relating to the subject matter of the Contract will be implied into any other contract.
8. Limitations and exclusions of liability
8.1 Nothing in these Terms and Conditions will:

• (a) limit or exclude any liability for death or personal injury resulting from negligence;
  
• (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
  
• (c) limit any liabilities in any way that is not permitted under applicable law; or
  
• (d) exclude any liabilities that may not be excluded under applicable law.
  

8.2 The limitations and exclusions of liability set out in this Clause 8 and elsewhere in these Terms and Conditions:

• (a) are subject to Clause 8.1; and
  
• (b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
  

8.3 The EAIM shall not be liable to the Client in respect of any loss of profits or anticipated savings.
8.4 The EAIM shall not be liable to the Client in respect of any loss of revenue or income.
8.5 The EAIM shall not be liable to the Client in respect of any loss of use or production.
8.6 The EAIM shall not be liable to the Client in respect of any loss of business, contracts or opportunities.
8.7 The EAIM shall not be liable to the Client in respect of any loss or corruption of any data, database or software.
8.8 The EAIM shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.

9. Termination
*9.1 *Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

10. Effects of termination
10.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect in accordance with their express terms or otherwise indefinitely.
10.2 The termination of the Contract shall not affect the accrued rights of either party.

11. Status of EAIM
11.1 EAIM is not an employee of the Client, but an independent service provider.