Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your use of ETP Consultancy's services, including our Climate Action Plan preparation and related consultancy services for schools. By engaging our services, you agree to be bound by these Terms.

1. Definitions

• "We", "Us", "Our": ETP Consultancy
• "You", "Client": The school, academy trust, or educational institution engaging our services
• "Services": Climate Action Plan preparation, Mini-HDP analysis, and related consultancy
• "CAP": Climate Action Plan
• "Deliverables": Reports, plans, and materials provided as part of our Services

2. Services

2.1 Scope of Services

We provide:

• Climate Action Plan preparation aligned with DfE requirements
• Carbon baseline assessments
• Heat Decarbonisation Plan (Mini-HDP) analysis
• Recommendations for energy efficiency and decarbonisation
• Supporting documentation and briefing materials

2.2 Service Delivery

We commit to delivering your Climate Action Plan within 10 working days from receipt of all necessary information and payment, subject to the provisions in Section 6.

3. Client Responsibilities

You agree to:

• Provide accurate and complete information about your school and energy usage
• Grant access to necessary documentation and utility data
• Facilitate site visits where required (for Mini-HDP services)
• Respond promptly to our requests for information
• Designate a point of contact for the project
• Review and approve deliverables in a timely manner

4. Fees and Payment

4.1 Pricing

Our standard fees are:

• Starter CAP: £1,950 (primary) / £2,900 (secondary)
• CAP + Mini-HDP: £3,450 (primary) / £4,750 (secondary)
• Multi-school discounts available upon request

All prices exclude VAT.

4.2 Payment Terms

Payment is due within 30 days of invoice date. We reserve the right to charge interest on late payments at 8% above the Bank of England base rate.

4.3 Additional Work

Any work outside the agreed scope will be subject to additional charges, agreed in writing before commencement.

5. Intellectual Property

5.1 Ownership

Upon full payment, you own the specific Climate Action Plan created for your school. We retain ownership of our methodologies, templates, and general know-how.

5.2 License

We grant you a non-exclusive license to use the Deliverables for your school's internal purposes and to meet regulatory requirements.

6. Warranties and Disclaimers

6.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• Deliverables will comply with DfE guidance current at the time of delivery
• We have the necessary expertise and qualifications

6.2 Disclaimers

We do not guarantee that implementation of our recommendations will result in specific energy savings or funding awards. Projections are estimates based on available data and standard assumptions.

7. Limitation of Liability

7.1 Cap on Liability

Our total liability under these Terms shall not exceed the fees paid for the Services giving rise to the claim.

7.2 Exclusions

We exclude liability for indirect, consequential, or special damages, including lost profits, lost savings, or lost funding opportunities.

7.3 Exceptions

Nothing in these Terms limits liability for death, personal injury, fraud, or any liability that cannot be excluded by law.

8. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party. This obligation survives termination of these Terms.

9. Termination

9.1 Termination Rights

Either party may terminate the engagement by written notice if the other party materially breaches these Terms and fails to remedy within 14 days of notice.

9.2 Effect of Termination

Upon termination, you must pay for all work completed to date. We will provide any work product completed up to the termination date.

10. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including acts of God, pandemic restrictions, or government actions.

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements.

11.2 Amendments

Any amendments must be in writing and signed by both parties.

11.3 Governing Law

These Terms are governed by English law. The parties submit to the exclusive jurisdiction of the English courts.

11.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights to any affiliate or successor.

12. Contact Information

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.