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Terms and Conditions

Version v8-2026-05-05 · Last updated 5 May 2026

Terms and Conditions

These standard terms of engagement apply to any contract between ET Planning Ltd (Company No. 10646740, VAT No. 284128593) ("ET Planning", "we", "us" or "our") and the Client, unless specifically amended in writing by ET Planning before work commences. The Client is the person, company, authority, agency or other body who instructs ET Planning to carry out work. The Contract is between the Client and ET Planning.

1. Interpretation

1.1 Definitions. In these Conditions, the following definitions apply:

  • Advertised Services: the planning consultancy services offered by ET Planning as described from time to time on ET Planning's website or in ET Planning's published marketing materials.

  • AI: artificial intelligence tools and systems used to support the preparation of Deliverables, including (without limitation) large language models and generative AI applications.

  • Business Engagement: a category used by ET Planning for administrative classification of engagements. An engagement is classified by ET Planning as a Business Engagement where the Services relate to: (i) any development undertaken by or for any person in the course of a trade, business, craft or profession; (ii) any development intended (in whole or in part) for sale, rent, letting, commercial exploitation or for profit, whether by the Client or any other person; (iii) the provision of one or more new dwellings, except where the development is for a single new dwelling intended exclusively for long-term occupation by the Client (or the Client's immediate family) as the Client's permanent primary residence, with no intention at the time of engagement of subsequent sale, letting or commercial exploitation; (iv) any commercial, industrial, retail, leisure, agricultural or institutional use; (v) any caravan, mobile home, holiday park or similar site, or any site comprising multiple plots, pitches or units; or (vi) any matter undertaken on behalf of a company, partnership, limited liability partnership, public authority, charity, unincorporated association, residents' group, action group or other body of two or more persons (whether formally or informally constituted). In classifying an engagement, ET Planning may have regard to the dominant purpose of the development or activity in question. Classification of an engagement as a Business Engagement is for ET Planning's administrative purposes only and does not, of itself, determine the Client's legal status. Nothing in this definition or in these Conditions prevents a Client from being treated as a Consumer where required by law, and the Client's rights under consumer protection legislation are not displaced by any such classification. ET Planning may revise the classification of an engagement where there is a material change to the scope, purpose or circumstances of the engagement; any such revision shall take effect by way of a variation under clause 7.

  • Charges: the charges payable by the Client for the supply of the Services in accordance with clause 6.

  • Conditions: these terms and conditions, in the form in force at the date the Contract is entered into.

  • Consumer: a Client who is an individual acting wholly or mainly outside that individual's trade, business, craft or profession, within the meaning of the Consumer Rights Act 2015.

  • Contract: the contract between ET Planning and the Client for the supply of Services in accordance with these Conditions.

  • Deliverables: all reports, drawings, plans, statements and other documents prepared by ET Planning for the Client under the Contract.

  • Services: the services supplied by ET Planning to the Client as set out in the Fee Quotation, Fee Estimate or other written instruction.

1.2 Construction. In these Conditions:

a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

b) a reference to a party includes its personal representatives, successors and permitted assigns;

c) a reference to a statute or statutory provision is a reference to it as amended or re-enacted;

d) any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

e) a reference to writing or written includes email but excludes fax.

2. Basis of Contract

2.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of ET Planning which is not set out in the Contract. Nothing in this clause shall limit or exclude any liability for fraud or fraudulent misrepresentation.

2.2 Any samples, drawings, descriptive matter or advertising issued by ET Planning, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.3 Subject to clause 17 (Consumer Clients), these Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Supply of Services

3.1 ET Planning shall supply the Services to the Client in accordance with the contract or instruction letter, which may be amended by agreement between the parties.

3.2 ET Planning shall use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services, save as expressly provided in clause 5 (Statutory Deadlines and Timely Information).

3.3 ET Planning shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and shall notify the Client in any such event.

3.4 ET Planning warrants to the Client that the Services will be provided using reasonable care and skill.

3.5 ET Planning may subcontract any or all of its obligations under the Contract, but shall remain responsible to the Client for the acts and omissions of its subcontractors as if they were its own.

3.6 Professional standing and scope. ET Planning's practitioners are chartered members of, and subject to the Code of Professional Conduct of, the Royal Town Planning Institute (RTPI). RTPI membership is voluntary; there is no statutory requirement to hold RTPI membership in order to provide planning consultancy services in the United Kingdom. The Services do not include any work regulated by the Royal Institution of Chartered Surveyors (RICS), including formal valuations, Red Book valuations or surveying services. Any reference in the Deliverables to value, worth or marketability is illustrative or contextual only and shall not constitute, or be relied upon as, a formal valuation. Where the Client requires services outside ET Planning's scope (including legal advice, valuation, structural or engineering advice, ecology, heritage, transport, contamination or similar specialisms), ET Planning may, with the Client's agreement, instruct or recommend appropriate third parties, but ET Planning is not responsible for the work or advice of any such third party (subject to clause 3.5 where the relevant party is engaged as a subcontractor of ET Planning).

3.7 Use of AI tools. ET Planning uses AI tools to assist in the preparation of Deliverables. The extent of AI use in any particular Deliverable varies between (i) editorial assistance only (grammatical review and document structuring) and (ii) broader assistance (research, information gathering and document drafting). Where AI has been used in either capacity, ET Planning will include an appropriate disclosure in or with that Deliverable. The standard disclosure used where AI has assisted with research, information gathering or document drafting is as follows:

"This statement has been prepared with assistance from AI tools for research, information gathering and document drafting. All planning judgement, professional opinion and conclusions drawn are the original work of the named author, who has reviewed and verified all content prior to finalisation."

ET Planning remains responsible for the content of its Deliverables in accordance with these Conditions, regardless of the use of AI tools. Further information about ET Planning's AI use, source-handling and verification practices is available on request.

4. Client's Obligations

4.1 The Client shall:

a) ensure that the terms of engagement are complete and accurate;

b) co-operate with ET Planning in all matters relating to the Services;

c) provide ET Planning with such information and materials as ET Planning may reasonably require in order to supply the Services and ensure that such information is accurate and complete in all material respects; and

d) where access to a site or premises is required, procure such access on reasonable notice and ensure that the site or premises is reasonably safe.

4.2 If ET Planning's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation ("Client Default"):

a) ET Planning shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays ET Planning's performance;

b) ET Planning shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from ET Planning's failure or delay to perform any of its obligations as a result of Client Default; and

c) the Client shall reimburse ET Planning on written demand for any reasonable costs or losses sustained or incurred by ET Planning arising directly or indirectly from the Client Default.

5. Statutory Deadlines and Timely Information

5.1 ET Planning takes responsibility for tracking statutory and procedural deadlines relevant to the Services, including planning application validation periods, appeal deadlines, consultation response windows and any deadlines specified in writing as agreed between the parties, and will use reasonable endeavours to meet such deadlines.

5.2 The Client acknowledges that meeting any deadline depends on ET Planning receiving complete and accurate information, instructions and supporting materials (including reports, drawings and supporting documents prepared by other consultants engaged by the Client) in sufficient time to review them, prepare ET Planning's own statements and Deliverables, and effect submission to its professional standards.

5.3 The Client shall provide all such information, instructions and materials in good time. In any event:

a) where the parties have agreed in advance a submission timetable and ET Planning has scheduled time in its workload to undertake the work, the Client shall provide all required materials no later than ten (10) working days before the agreed submission deadline; and

b) where no submission timetable has been agreed in advance and ET Planning has not been able to schedule time in its workload, the Client shall allow ET Planning a minimum of twenty (20) working days from receipt of complete materials to prepare and effect submission.

In each case, ET Planning may agree shorter periods in writing at its discretion.

5.4 Where information, instructions or materials are received later than the timeframes required by clause 5.3, ET Planning will use reasonable endeavours to accommodate the late provision and to work around the time available, but:

a) ET Planning may decline to submit on the original deadline if it cannot do so to its professional standards;

b) where ET Planning agrees to submit notwithstanding the late receipt, the Client accepts that the work may be performed in a more limited or expedited manner than would otherwise be the case, and ET Planning shall not be liable for any consequences arising from such time pressure;

c) ET Planning shall not be liable for any deadline missed, application invalidated or rejected, appeal lost or other adverse outcome arising from late provision of information, instructions or materials by the Client or any third party engaged by the Client, or from any other matter outside ET Planning's reasonable control; and

d) ET Planning may charge for any additional time reasonably required to deal with the late submission, including (without limitation) for resubmission, validation responses or related correspondence.

5.5 Nothing in this clause obliges ET Planning to delay submission where doing so would prejudice the Client's interests, and ET Planning may use its professional judgement on the appropriate course of action, having consulted the Client where time allows.

6. Charges and Payment

6.1 The Charges for the Services shall be on a time and materials basis:

a) the Charges shall be calculated in accordance with any fee arrangement agreed in writing between ET Planning and the Client;

b) ET Planning shall be entitled to charge the Client for any expenses reasonably incurred by the individuals whom ET Planning engages in connection with the Services including, but not limited to, travelling expenses, accommodation, subsistence and associated expenses, and for the cost of services provided by third parties and required by ET Planning for the performance of the Services, and for the cost of any materials. Exceptional items of expenditure will be agreed in advance;

c) Fee estimates for the Services will be provided on request. Fee estimates are based on experience but, as each scheme is unique, they should be taken as a guide only and are not a fixed price. ET Planning will endeavour to advise the Client when a budget guide figure is being approached; and

d) All fee proposals exclude Local Authority costs and Community Infrastructure Levy ("CIL"). Such fees and levies will be paid directly by the Client to the relevant authority. Where a fee payment stage is related to a Local Authority decision, it is understood that the grant of Planning Permission is beyond ET Planning's control and no guarantee can be given that it will be granted.

6.2 Fee estimates are valid for four (4) weeks from the date of issue, after which they may be revised or withdrawn by ET Planning.

6.3 To engage ET Planning, the Client shall pay a deposit (the "Deposit") in advance of work commencing. Unless a different amount is specified in the relevant Fee Quotation, Fee Estimate or other written instruction (which shall override the default), the default Deposit is an amount equal to the fixed fees for Services expected to be undertaken in the first month of the engagement, plus VAT. The Client accepts that the delivery of Services will not commence until the Deposit has cleared in ET Planning's account. The Deposit represents pre-payment for work to be carried out and, save where the Client is a Consumer exercising statutory cancellation rights under clause 17, shall be non-refundable to the extent that work has been undertaken; any unused portion of the Deposit will be applied against ET Planning's reasonable costs and disbursements incurred up to the date of termination.

6.4 ET Planning shall invoice the Client for the balance of the fee estimate prior to submission of any application or appeal, with the Deposit deducted from the balance invoice. Where additional Services are provided under the Contract but not specifically detailed in the fee estimate, ET Planning shall invoice in arrears monthly.

6.5 The Client shall pay the outstanding balance of each invoice submitted by ET Planning within 14 days of the date of the invoice. Time for payment shall be of the essence of the Contract.

6.6 All amounts payable by the Client under the Contract are exclusive of value added tax (VAT), which shall be added to invoices at the applicable rate.

6.7 If the Client fails to make any payment due to ET Planning under the Contract by the due date for payment, then ET Planning shall be entitled to interest and statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable). Such interest shall accrue on a daily basis from the due date until actual payment, whether before or after judgment. ET Planning may also suspend all work in respect of any Contract that may exist between the Client and ET Planning until the overdue amount is paid in full.

6.8 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). ET Planning may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by ET Planning to the Client.

7. Variations to Scope

7.1 The scope of the Services, including any specific inclusions and exclusions, is as set out in the Fee Quotation, Fee Estimate or other written instruction agreed between the parties at the outset of the engagement.

7.2 If at any time the Client wishes to vary the scope of the Services, or if ET Planning identifies that work is required which is outside the agreed scope, the requesting party shall notify the other in writing.

7.3 Any variation to the scope (including any change to fees, timetable or Deliverables) shall be set out in a written variation, which may take the form of an updated quotation, estimate or revised instruction. A variation is not binding on either party until it is confirmed in writing by an authorised representative of each party.

7.4 Where additional work is undertaken by ET Planning at the Client's request or with the Client's knowledge before a written variation has been confirmed under clause 7.3, ET Planning shall be entitled to charge for that work at its applicable rates and the Client shall pay accordingly.

7.5 ET Planning is not obliged to commence any work outside the agreed scope until a variation has been confirmed in accordance with this clause.

7.6 A variation under this clause may, where the scope, purpose or circumstances of the engagement have materially changed, include a revised classification of the engagement under clause 1.1 (Business Engagement). A revised classification shall be recorded by ET Planning at the time of variation and shall thereafter govern the administrative handling of the engagement. For the avoidance of doubt, this does not affect the Client's rights under consumer protection legislation, which are determined by law.

8. Intellectual Property Rights

8.1 All Intellectual Property Rights in or arising out of or in connection with the Services and the Deliverables shall be owned by ET Planning.

8.2 Subject to payment in full of all Charges due to ET Planning under the Contract, ET Planning grants to the Client a non-exclusive, perpetual, royalty-free, worldwide licence to use the Deliverables for the purpose for which they were prepared. The Client may not modify, sub-licence, sell or otherwise commercially exploit the Deliverables without ET Planning's prior written consent.

8.3 The Client acknowledges that, in respect of any third party Intellectual Property Rights, the Client's use is conditional on ET Planning obtaining a written licence from the relevant licensor on such terms as will entitle ET Planning to license such rights to the Client.

9. Confidentiality

9.1 Each party (the "receiving party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (the "disclosing party"), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that they comply with the obligations in this clause as if they were a party to the Contract. The receiving party may also disclose confidential information as required by law, any governmental or regulatory authority, or by a court of competent jurisdiction.

9.2 The obligations in this clause 9 shall survive termination of the Contract for a period of seven (7) years.

10. Data Protection

10.1 In this clause, "Data Protection Legislation" means the UK General Data Protection Regulation, the Data Protection Act 2018 and any other applicable data protection laws in force from time to time.

10.2 Each party shall comply with its respective obligations under Data Protection Legislation in connection with the performance of the Contract.

10.3 In most engagements, ET Planning acts as an independent controller in respect of personal data it processes (for example, contact details of the Client and any third parties relevant to a planning matter). ET Planning's processing of personal data is described in our Privacy Notice, available on our website.

10.4 Where the parties agree in writing that ET Planning is to process personal data on behalf of the Client as a processor, the parties shall enter into a separate data processing agreement that complies with Article 28 of the UK GDPR.

10.5 The Client warrants that it has all necessary rights and consents to share any personal data with ET Planning for the purposes of the Services.

11. Records and Retention

11.1 ET Planning shall maintain records relating to the Services, including correspondence (whether by email, client portal, telephone file note or otherwise), meeting notes, working papers and draft and final Deliverables, for the duration of the engagement and for a period of not less than seven (7) years following closure of the matter. This retention period reflects the requirements of ET Planning's professional indemnity insurance and applicable limitation periods.

11.2 Records may be retained in electronic form. ET Planning's data security standards, including encryption at rest for case files, apply throughout the retention period.

11.3 Where ET Planning is on notice of actual or anticipated litigation, regulatory investigation, complaint or other formal proceedings relating to an engagement, ET Planning may retain relevant records beyond the standard retention period for as long as is reasonably necessary ("Legal Hold"). A Legal Hold suspends any scheduled destruction of the affected records until it is lifted.

11.4 During the retention period, the Client may request a copy of records relating to its matter. ET Planning will use reasonable endeavours to provide such records within a reasonable time.

a) Where the request is, or includes, a request by a data subject under the UK General Data Protection Regulation or the Data Protection Act 2018, ET Planning will respond in accordance with that legislation. Any fee charged in respect of such a request shall only be charged to the extent permitted by that legislation.

b) Otherwise, where a request is materially time-consuming to fulfil, ET Planning may charge a reasonable fee for doing so, notified to the Client in advance.

11.5 On closure of a matter, ET Planning will, on request, provide the Client with a copy of the substantive correspondence and final Deliverables relating to the matter, in electronic form, at no additional charge.

11.6 At the end of the retention period (or, where a Legal Hold applies, at the end of that hold), ET Planning may securely destroy the relevant records in accordance with its retention review process, save where law requires longer retention.

11.7 Nothing in this clause limits the parties' separate obligations under clause 10 (Data Protection) or clause 9 (Confidentiality).

12. Limitation of Liability

The Client's attention is particularly drawn to this clause.

12.1 Nothing in these Conditions shall limit or exclude ET Planning's liability for:

a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

b) fraud or fraudulent misrepresentation;

c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

d) any other liability which cannot lawfully be limited or excluded.

12.2 Subject to clause 12.1:

a) ET Planning shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of goodwill, or any indirect or consequential loss arising under or in connection with the Contract; and

b) ET Planning's total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fees paid by the Client to ET Planning under the Contract for the Advertised Services and/or the Services specifically quoted for under the Contract (excluding expenses, disbursements, third-party costs and VAT).

12.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.4 Outline planning applications are frequently required to be supported with indicative layouts or illustrations of principles of development. Whilst every effort is made to ensure accuracy, these drawings are intended to serve as a guide to the broad nature, density and composition of development and should not be regarded as definitive.

12.5 Final development schemes may show more or less development than the original indicative layouts depending on the development control criteria prevailing at the time of implementation of the final scheme.

12.6 ET Planning will not be liable for any errors or omissions which may result from information supplied on planning histories, site survey information or similar by Local Authorities, Statutory Undertakers and other relevant bodies.

12.7 Any Deliverables prepared by ET Planning under the Contract that could be affected by the Consumer Protection from Unfair Trading Regulations 2008 or the Business Protection from Misleading Marketing Regulations 2008 should not be included in any statements about land (which includes buildings) offered for sale without the information being cleared with ET Planning in advance.

12.8 The Client acknowledges that ET Planning has drawn attention to the duties imposed on the Client by the Construction (Design and Management) Regulations 2015 (as amended).

12.9 Third-party reliance. The Deliverables and any advice provided under the Contract are prepared for and addressed solely to the Client (as the addressee named in the Fee Quotation, Fee Estimate or other written instruction) and for the specific purpose stated in that document. No other party shall acquire any right of reliance on the Deliverables or advice. ET Planning accepts no duty of care or liability to any third party who acts on or relies upon the Deliverables or advice, and the Client shall not provide the Deliverables or advice to any third party for the purpose of reliance, in either case without ET Planning's prior written agreement (which may be subject to additional terms, including a higher liability cap or a separate reliance fee).

12.10 This clause 12 shall survive termination of the Contract.

13. Conflicts of Interest

13.1 ET Planning operates in a market in which conflicts of interest may arise. Before accepting an engagement, ET Planning will undertake reasonable conflict checks based on the information provided by the Client.

13.2 Where a potential or actual conflict is identified, ET Planning will notify the Client and discuss the appropriate course of action, which may include declining the engagement, putting in place appropriate information barriers, or (where consents permit) acting for both clients on agreed terms.

13.3 The Client shall promptly notify ET Planning of any circumstances of which it becomes aware that may give rise to a conflict.

14. Termination

14.1 Without limiting its other rights or remedies, ET Planning may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Contract on the due date for payment.

14.2 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

a) the other party commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so;

b) the other party suspends, threatens to suspend, or ceases to carry on all or a substantial part of its business; or

c) the other party becomes unable to pay its debts as they fall due, enters into any compromise or arrangement with its creditors, has a receiver, administrator or liquidator appointed in respect of it or any of its assets, or any analogous event occurs in any jurisdiction.

14.3 Without limiting its other rights or remedies, either party may terminate the Contract by giving the other party 28 days' written notice. Termination by the Client will be subject to payment of outstanding fees and expenses incurred up to the date of termination in accordance with clause 15.

15. Consequences of Termination

15.1 On termination of the Contract for any reason:

a) the Client shall immediately pay to ET Planning all of ET Planning's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, ET Planning shall submit an invoice, which shall be payable by the Client immediately on receipt;

b) the accrued rights, remedies, obligations and liabilities of the parties as at the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination, shall survive; and

c) clauses which expressly or by implication survive termination shall continue in full force and effect.

15.2 Where the Contract is terminated before completion of the Services, the Charges payable by the Client up to the date of termination shall be calculated as follows:

a) in respect of any Services that were to be charged on a fixed-fee basis, ET Planning shall be entitled to charge for the time actually spent up to the date of termination at the prevailing hourly rates set out in ET Planning's rate card from time to time, subject to a minimum of fifty per cent (50%) of the agreed fixed fee where the relevant Deliverable has been substantively started;

b) in respect of any Services that were to be charged on a time-and-materials, hourly or other variable basis, ET Planning shall be entitled to charge for the time actually spent up to the date of termination at the prevailing hourly rates; and

c) all expenses, disbursements and third-party costs reasonably incurred by ET Planning up to the date of termination shall be payable by the Client in full.

16. Force Majeure

16.1 For the purposes of the Contract, "Force Majeure Event" means an event beyond the reasonable control of ET Planning, including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of ET Planning or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, epidemic, pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, cyber attack or default of suppliers or subcontractors.

16.2 ET Planning will give immediate notice to the Client of any Force Majeure Event which makes it impracticable to carry out any of the Services and agree a suitable course of action with the Client.

16.3 ET Planning shall not be liable to the Client as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure Event.

16.4 If the Force Majeure Event continues for more than 60 consecutive days, either party may terminate the Contract by giving written notice to the other party.

17. Consumer Clients

17.1 This clause 17 applies wherever the Client is a Consumer, regardless of how the engagement may be classified by ET Planning under clause 1.1 (Business Engagement) or otherwise. To the extent of any inconsistency between this clause and any other provision of these Conditions, this clause prevails. Nothing in these Conditions shall be construed as limiting, excluding or otherwise displacing any rights of the Client arising under consumer protection legislation, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

17.2 Statutory rights. Nothing in these Conditions affects a Consumer's statutory rights, including those under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

17.3 Cancellation right. Where the Contract is concluded off-premises or at a distance (within the meaning of the 2013 Regulations), the Consumer has the right to cancel the Contract within 14 days of its conclusion without giving any reason. To exercise this right, the Consumer must inform ET Planning by a clear written statement (for example, a letter or email) before the cancellation period has expired.

17.4 Work commenced during cancellation period. If the Consumer expressly requests that ET Planning begin performance of the Services during the 14-day cancellation period and subsequently cancels, the Consumer must pay an amount which is in proportion to the Services performed up to the time of cancellation.

17.5 Deposit. Clause 6.3 (non-refundable Deposit) shall apply to a Consumer only to the extent of work actually undertaken; any balance shall be refunded.

17.6 Liability. Clauses 12.2(a), 12.2(b) and 12.3 shall not apply to a Consumer to the extent that they would be unreasonable or unenforceable under the Consumer Rights Act 2015.

18. Dispute Resolution

18.1 If a dispute arises out of or in connection with the Contract, the parties shall first attempt to resolve it through good faith negotiation between senior representatives of each party.

18.2 If the dispute is not resolved within 30 days of being raised in writing, the parties agree to attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure (or such other mediation procedure as the parties may agree). Unless otherwise agreed, the mediator shall be nominated by CEDR.

18.3 Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a court.

18.4 If the dispute is not resolved by mediation within 60 days of the appointment of the mediator (or such longer period as the parties may agree), either party may commence court proceedings in accordance with clause 19.9.

19. General

19.1 Assignment and other dealings. Neither the Client nor ET Planning may assign, transfer or otherwise deal with the Contract without the express written consent of the other party, save that ET Planning may assign or transfer the Contract to any group company on written notice to the Client.

19.2 Notices.

a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case), or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, by commercial courier, or by email.

b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time the courier's delivery receipt is signed; or if sent by email, at the time of transmission, provided that no automated delivery failure notification is received by the sender.

c) The provisions of this clause shall not apply to the service of any claim form, proceedings or other documents in any legal action, which shall be effected in accordance with the Civil Procedure Rules and any relevant practice directions.

19.3 Severance.

a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

19.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

19.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

19.6 Third parties. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms.

19.7 Variation. No variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by an authorised representative of each party.

19.8 Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.

19.9 Jurisdiction. Subject to clause 18 (Dispute Resolution), each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

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