Terms and Conditions

Professional Services Terms & Conditions 

1. Invoicing & Payment 

Time and Material (T&M) engagements are estimated based on the work effort to complete the agreed deliverables within the Statement of Works (SoW). Time will be scheduled and invoiced monthly in arrears based on the actual time consumed, subject to the provisions below regarding size of engagements. For the avoidance of doubt, a T&M SoW is a project estimate and not a fixed price agreement and will be invoiced based on the following terms:

1. Invoiced 50% upfront with monthly timesheet reports to track actual time consumed, with the balance invoiced monthly in arrears based on actual time consumed. Payment within 30 days from invoice date.

Fixed price engagements are fixed based on the work effort to complete the agreed deliverables within the Statement of Works (SoW). If your requirements change during the project or we experience unforeseen technical issues beyond our control, we will confirm in advance if additional time is required to complete the project. For the avoidance of doubt, a Fixed Price SoW will be invoiced based on the following terms:

1. Engagements up to €20,000 – invoiced upfront, payment within 30 days from invoice date.
2. Engagements over €20,001– invoiced 50% upfront, balance on project completion or 6 months from receipt of order, whichever comes first, payment within 30 days from invoice date.

2. Charges

1. Professional services are charged on a per-day basis.
2. Minimum chargeable period is 4hrs for Engineering work.
3. Chargeable activities excluding Engineering work would be: consultancy advice, meetings, analysis, testing support, bug fixing, amendments and documentation.
4. Expenses (travel, accommodation, meals, subsistence etc.) are charged to the client at cost plus a 12.5% surcharge where the client does not arrange to pay directly.
5. Mileage charges are at the rate of €0.60 per mile. 
6. Expenses will be invoiced as incurred with payment due within 30 days. 

3. Pre-Purchased Days

1. Where a customer has pre-purchased professional service days, these must be used within 6 months from the date of the original order, unless otherwise agreed by CWSI.
2. Pre-purchased professional service days are not transferable.
3. Pre-purchased days not used within the above period will expire automatically.
4. No refunds will be provided for unused or expired pre-purchased professional service days.

4. Cancellation

The following cancellation rates will apply for professional services:

b. Any deferment of professional services, regardless of the length of notice, shall result in the related invoice for such professional services being payable immediately. 

5. Project Closure

1. An expected Project Close Date may be specified within the project documentation.
2. Where not specified in the project documentation, and unless otherwise agreed, the Project Close Date will be 6 months from receipt of order.
3. Should any project fail to be completed within the Project Close Date, due to circumstances other than those caused by CWSI, CWSI reserves the right to immediately invoice for all agreed fees and time consumed relating to the project, without any further work being completed, payment within 30 days. 

6. Limitation of Liability

1. The maximum liability relating to services rendered under this Agreement (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to CWSI for the portion of services or work giving rise to liability. Neither party will be liable to the other for incidental, indirect, consequential, or punitive damages or lost profits even if aware of their possible existence. 
2. Recommendation(s) and/or suggestion(s) provided by CWSI are considerations for the client and are not intended as Legal and/or Tax advice. The client should have their Legal and/or Tax advisor(s) review any recommendation(s) given by CWSI to ensure recommendation(s) are compliant with local jurisdictional laws and are consistent with the client’s policies.