Terms of Use

General

1. Unless otherwise agreed in writing, all work, products, and services are provided by Trash Talk Consulting in accordance with these Terms and Conditions. These should be read alongside any fee proposal, which together form the basis of the service agreement. By accepting a fee proposal or otherwise instructing Trash Talk Consulting, the Client agrees to be bound by these Terms and Conditions. All clauses shall apply unless expressly agreed otherwise in writing.

2. Trash Talk Consulting reserves the right to update these Terms and Conditions at any time.

3. Trash Talk Consulting will exercise reasonable skill, care, and diligence in line with professional standards.

4. The Client agrees to provide timely information and decisions as reasonably required for service delivery. Trash Talk Consulting is not liable for delays or additional costs resulting from the Client’s failure to do so.

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Services, Fees and Payment

5. The quoted fee covers only the work described in the quotation. Should additional work be required, Trash Talk Consulting reserves the right to charge an additional fee, to be quoted in advance. Quotations remain valid for 90 days from issue.

6. Invoices will typically be issued monthly, upon completion of work, or as otherwise agreed. Payment is due within 14 days of the invoice date. Any queries must be raised within 5 days of receipt; otherwise, the invoice shall be deemed accepted.

7. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, interest may be charged at 8% above the base rate from the due date until payment is received.

8. Trash Talk Consulting reserves the right to withhold final reports or deliverables until full payment has been received.

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Access to Sites

9. The Client is responsible for providing safe and timely access to sites. If access is unavailable and Trash Talk Consulting was not informed before travel, a call-out fee and any reasonable associated costs may be charged.

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Health and Safety

10. The Client must ensure the health, safety, and welfare of Trash Talk Consulting personnel while on site.

11. The Client must inform Trash Talk Consulting in advance of any known hazards or site-specific safety procedures. This includes (but is not limited to):

• Hazardous waste or materials (e.g. chemicals, biological waste, sharps)

• Confined spaces or restricted access areas

• Operational machinery or vehicles

• Asbestos or building-related hazards

• Fire safety procedures and emergency exits

• PPE requirements

• Any safeguarding policies (e.g. for schools or colleges)

12. Trash Talk Consulting reserves the right to suspend or withdraw from a site visit if, in their professional judgement, safety is compromised or insufficient information has been provided.

13. Confirmation of risk assessments and control measures may be required before site attendance.

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Insurance and Liability

14. Trash Talk Consulting shall maintain appropriate public liability and professional indemnity insurance. Liability is limited to the amount paid by the Client for the services, unless arising from gross negligence or wilful misconduct.

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Confidentiality

15. All information shared by the Client will be treated as confidential unless already public or the Client agrees otherwise in writing.

16. Trash Talk Consulting shall take practical steps to restrict access to confidential information to only those involved in service delivery, who shall be subject to the same confidentiality obligations.

17. Confidentiality does not apply where there is a legal obligation to disclose.

18. Trash Talk Consulting is not liable for disclosure unless the information was clearly marked as confidential and was not otherwise made public by lawful means.

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Copyright and Title

19. Unless agreed otherwise, copyright and ownership of all materials created by Trash Talk Consulting shall remain with Trash Talk Consulting.

20. The Client may use provided materials only for the project and site for which they were prepared, and only once all fees have been paid in full. No copying, alteration, or distribution is permitted beyond the original scope without prior written consent.

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Completion and Termination

21. Trash Talk Consulting will use best endeavours to complete services by the agreed date, subject to force majeure events including (but not limited to): natural disasters, industrial action, war, or the acts or omissions of third parties or authorities. Trash Talk Consulting is not liable for delays due to such events.

22. The Client may suspend or terminate services by providing written notice and settling payment for all work completed up to that point.

23. If the appointment is suspended and no instruction is received within six months, Trash Talk Consulting may request further instructions in writing. If none are received within 30 days, the appointment shall be deemed terminated.

24. Trash Talk Consulting shall notify the Client promptly of any force majeure or unforeseen circumstances affecting service delivery and agree on a suitable course of action. Fees remain payable for all completed work.

25. In the event of the death or incapacity of Trash Talk Consulting, the agreement shall terminate. The Client may continue to use project materials, subject to prior provisions regarding copyright.

26. Trash Talk Consulting may cancel the agreement before work commences, or during service delivery if conditions become prejudicial or unsafe.

27. If the Client cancels a site visit with less than 48 hours’ notice, a cancellation fee may be charged to cover lost time and travel.

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Disputes

28. If a dispute arises, the parties shall first attempt to resolve it through mediation with a mutually agreed mediator experienced in dispute resolution.

29. If mediation fails, either party may refer the matter to arbitration. The arbitrator shall be mutually agreed, or appointed by the President or Vice President of the Chartered Institute of Arbitrators.

30. Each party shall bear its own mediation or arbitration costs unless the arbitrator decides otherwise.

31. These Terms and Conditions are governed by the laws of England and Wales.

These Terms and Conditions were last updated on 25th April 2025.