These terms are referred to as the NMC terms and shall apply to the provision of services and goods under contracts into which they are expressly incorporated.
Once incorporated, these terms shall apply to the exclusion of all other terms and conditions including any terms which a Client may purport to apply under any confirmation of instruction or similar document. The IMC terms shall continue to apply to all services provided by the Consultant to the Client under any contract hereafter until expressly excluded in writing.
The Client agrees to pay the charges and expenses in accordance with the provisions of the Terms of Engagement.
All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Consultant under these terms) shall bear interest from day to day at the same annual rate as is prescribed from time to time pursuant to section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 with a minimum rate of 10% per annum.
The Consultant may from time to time increase the hourly rates (if applicable) referred to in the Terms of Engagement by such amount as is reasonable and unless the Client objects to such increased rates within seven days of notification in writing all services shall thereafter be provided at the increased rates notified. If the Client objects to the increased rates, the Client shall remain liable for the existing contractual rate payable in accordance with the terms hereof plus such additional rate as shall be reasonable.
During any period in which payments from the Client are overdue, the obligations of the Consultant may be suspended.
Under no circumstances, NMC shall be liable for any indirect, special, incidental or consequential damages, including without limitation lost profits, loss of use, business interruption, or loss of data, arising out of or relating to the site, the operation of the site, any application or information submitted to us through the Site and/or the services described therein, even if NMC is expressly advised of the possibility of such damages.