Terms of Engagement (Surface Water)
The purpose of this Contract is to engage Portrait Group Limited to provide professional services to the Client to challenge their surface water charges. This No Win No Fee Contract (“Contract”) is entered into between Portrait Group Ltd and the relevant company (“Client”).
Scope of Services:
Portrait Group Limited agrees to undertake the following services:
Conducting a thorough review and analysis of the surface water & drainage charges for the client. Preparing and submitting necessary documentation, evidence, appeals or applications to relevant water supplier / retailer, for the purpose of challenging the surface water and drainage charges. Representing the client in any negotiations or discussions with the supplier or retailer concerning the surface water drainage charges. Providing guidance and advice to the the client throughout the process.
No Win No Fee Arrangement:
Portrait Group Limited agrees to handle the surface water & drainage charge appeal/audit on a “No Win No Fee” basis. “No Win No Fee” means that Portrait Group Limited will not charge any fees unless they are successful in achieving savings for the client. If Portrait Group Limited successfully reduces the surface water & drainage charge, or any savings for the client, Portrait Group Limited is entitled to receive a fee equal to 30% of the total amount of any retrospective repayments, credits, or adjustments awarded from the water supplier / retailer. The fee shall be calculated based on the actual savings realised by the client as a direct result of the surface water & drainage charges being overpaid by the client historically.
Where ongoing savings are achieved, a 30% fee shall only be applied from the date in which the savings are reflected on the new bill. This is calculated based on the difference in surface & drainage water charge only and has no bearing on the consumption of water.
Monthly Payment Structure – Supporting Your Business Cash Flow:
In recognition of the importance of maintaining a positive cash flow outcome for our clients, payment of the commission fee relating to historic overpayments being refunded by the water company will be spread out over a 24 month term. This ensures the client can benefit from an initial lump sum refund and realise savings before payments are made to Portrait Group Limited. Ongoing savings we will calculated based on the difference / reduction in surface & drainage water only (no bearing on water consumption) and charged monthly until the occupancy of the client ends at the relevant property. Should the client cease to occupy the relevant property, Portrait will cease to continue to charge for ongoing savings, however the client will be required to ensure any moneys owed to Portrait Group Limited (in relation to the historic refund from the water company / retailer) are repaid.
Late Payments:
If a payment is not received within the agreed payment terms, a late payment fee of £15 will be added to the outstanding balance and shown on your next bill. This fee is to cover administrative costs incurred due to delayed payments.
Withdrawal of Monthly Payment Terms:
If a customer fails to pay three (3) recurring monthly invoices, Portrait Group Limited reserves the right to withdraw the monthly payment terms. In such cases, the outstanding commission amount will be consolidated into a single invoice, which will be due for payment in full within seven (7) days in accordance with our standard payment terms. This measure ensures the continued smooth operation of our services. As a business who strives to support its clients, we do not wish for accounts to escalate to such matters which is why we always encourage our clients to communicate with us via phone or email to discuss any difficulties they are experiencing.
Obligation to Provide Necessary Information:
The client agrees to provide Portrait Group Limited with the following information within twenty-eight (28) days from the date of signing this agreement:
- Copy of water supply bill
• Completion of a Direct Debit mandate.If the client fails to provide the required information within the specified twenty-eight (28) day period, the client agrees to pay an administration cost of £200 plus VAT to Portrait Group Limited for each applicable premises.
the client acknowledges that timely provision of the aforementioned information is essential for Portrait Group Limited to effectively perform its services in seeking to achieve a saving or reduction (Benefit). the client agrees to cooperate fully with the Portrait Group Limited in any reasonable requests for further information or clarification to facilitate the Portrait Group Limited’s work.
In the event of non-compliance, Portrait Group Limited reserves the right to suspend its services until the required information is provided and the administration cost is paid. The client acknowledges that any delays in providing the required information may result in delays in the Portrait Group Limited’s ability to submit evidence to the applicable water supplier or retailer and potentially impact the outcome of the business rates reduction process.
In such cases, the client acknowledges and agrees that the efforts of Portrait Group Limited were the primary cause of discovering and pursuing the Benefits. Consequently, Portrait Group Limited shall be compensated for its services based on the agreement terms, irrespective of any direct involvement or actions taken by the client following the initial communication with the water supplier or retailer.
the client further agrees not to circumvent Portrait Group’s involvement in any correspondence or negotiations with the water supplier or retailer that pertain to the Benefits identified through Portrait Group Limited’s efforts. Should the client and the water supplier or retailer engage in such direct communication, the client remains liable for the full payment of Portrait Group’s services as agreed upon in this agreement.
Confidentiality:
Both parties agree to keep all confidential information obtained during the course of this engagement in confidence. Portrait Group Limited shall take reasonable measures to protect the confidential information of the client as per our privacy statement that can be found here.
Termination:
Either party may terminate this Contract by providing written notice to the other party. Upon termination, Portrait Group Limited shall be entitled to payment within 14 days for any actual savings that continue to be realised by the client as a direct result of the business rates appeal/audit process conducted by Portrait Group for the client.
Cancellation Policy:
- Administration Charge for Cancellation:
If the client cancels this Contract, an administration charge of £300 plus VAT will be applied. - Applicable Costs:
In addition to the administration charge, the client agrees to pay any of the following costs incurred by Portrait Group Limited, if applicable:
- Site Survey / Surface Water & Drainage Search – £275
- Submission of Surface Water / Drainage Charge Case – £250
- Administration charge – £300
No Contact Clause:
If the client fails to maintain reasonable communication with Portrait Group Limited within a period of sixty (60) days, and such lack of communication prevents Portrait Group Limited from effectively carrying out its work, Portrait Group Limited reserves the right to invoke the cancellation clause.
In such circumstances:
- Notice of Non-Communication:
Portrait Group Limited will issue a written notice to the client, advising them of the 60-day period of non-communication and requesting a response within 14 days. - Right to Terminate and Apply Cancellation Clause:
If no response is received within the 14-day notice period, Portrait Group Limited may terminate the Contract. The client will then be liable for:
- The administration charge of £300
- Any additional costs incurred by Portrait Group Limited in accordance with the cancellation policy.
- Payment of fees for any savings, reductions, or Benefits achieved, or for work performed that contributed to potential future savings.
This clause ensures Portrait Group Limited can recover reasonable costs for time and resources allocated to the project in the absence of communication from the client.
Right to Payment for Achieved Reductions:
If the client cancels the Contract and Portrait Group Limited has achieved any reductions, savings, or Benefits (or if any part of the work performed has been used to achieve such reductions, savings, or Benefits), the client agrees to compensate Portrait Group Limited for the full fee as outlined in the No Win No Fee Agreement, as per the terms outlined in this Contract.
If at any time after the termination or completion of this Contract, the client identifies or secures further reductions, savings, or Benefits resulting from the work carried out by Portrait Group Limited, agrees to notify Portrait Group Limited promptly and pay the agreed fee.
The obligation to compensate Portrait Group Limited remains valid regardless of whether the client actively pursued or was involved in securing such savings.
Governing Law and Jurisdiction:
This Contract shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
Entire Agreement:
This Contract represents the entire agreement between the client and Portrait Group Limited and supersedes any prior discussions or agreements, whether written or oral. By signing, the parties acknowledge and agree to the terms and conditions of this agreement.
Portrait Group Limited will engage with the relevant water supplier / retailer on behalf of the client. This may be in the form of, (but not limited to); written correspondence, email and phone calls (collectively referred to as “Communication”) for the purposes of achieving a reduction, saving, discount, or any other benefit (collectively referred to as “Benefits”) to which the client is entitled to.
Portrait Group Limited shall be entitled to payment in accordance with this terms of engagement, irrespective of subsequent communication between the water supplier or retailer and the client, providing a saving or reduction (Benefit) has been applied after Portrait Group Limited’s communication can be evidenced.
This includes, but is not limited to, situations where:
• Portrait Group Limited identifies and informs the client of their eligibility for any Benefits through its investigative work.
• The water supplier / retailer, upon receiving notification, or intention from Portrait Group Limited of the client to apply or enquire regarding a Benefit, initiates direct Communication with the client.
Ethical Statement:
At Portrait, we are committed to maintaining the highest standards of professionalism, integrity, and ethical conduct in everything we do. We believe that our customers deserve the very best service, and we are dedicated to ensuring that our actions consistently align with this principle.
Our Commitment to You:
1. Maximising Value and Savings:
We will leverage our expertise, industry knowledge, and resources to identify and secure the maximum possible savings for your business. Throughout our engagement, we will leave no stone unturned in our pursuit of delivering value.
2. Transparent Communication:
We pledge to communicate with you openly, clearly, and honestly. We will keep you informed at every stage of the process, ensuring that you fully understand our approach and the progress we are making on your behalf.
3. Thorough and Diligent Effort:
We take our responsibility to you seriously. Our team will dedicate itself to conducting a comprehensive review of your water supply and related matters, using best practices and innovative strategies to achieve the best outcomes.
4. Continuous Improvement:
We are committed to ongoing learning and improvement, ensuring that we remain at the forefront of industry developments. This dedication allows us to provide you with the most effective solutions and adapt our approach to meet your evolving needs.
5. Customer-Centric Approach:
Your satisfaction is our priority. We will always act in your best interests, treating your business with the same care and diligence as we would our own.
Our Promise:
We promise to act as a trusted partner, working tirelessly to achieve your goals and deliver results that exceed your expectations. We are driven by a genuine passion for helping businesses succeed and are proud to be a part of your journey toward greater financial efficiency.