Common use of The Practitioner Clause in Contracts

The Practitioner. The Practitioner confirms that: It has all requisite corporate power and authority to enter into this Agreement and to carry out the Work in accordance with this Agreement; It will co-operate with the Firm in all matters relating to this Agreement. The Practitioner shall indemnify the Firm against any liabilities incurred by the Firm as a result of the Practitioner breaching this Agreement It has the necessary skills, qualification and experience to provide the Work; It has sufficient numbers of personnel with the necessary skills, qualification and experience to provide the Work; It conducts its business in accordance with Applicable Laws; It adheres to the professional rules and obligations of their professional body Professional Conduct in Relation to Taxation policies and procedures that apply within the Firm. It will provide the Work with a reasonable level of care, skill and diligence and in accordance with best practice in the Practitioner’s industry, profession or trade; It will ensure its personnel provide the Work with a reasonable level of care, skill and diligence and in accordance with best practice in the Practitioner’s industry, profession or trade; It will be responsible for its personnel and any substitute provided in accordance with the terms of this agreement including, but without limitation, making all payments to its personnel and any substitute in relation to this Agreement. The Practitioner shall undertake the Work in accordance with the Schedule of works in Schedule 1 or agreed between the parties from time to time. [The Practitioner will take instructions from the following named individuals only]/ [The Practitioner will take instructions from anyone involved in the firm]. Where the Practitioner and/or named personnel is to provide the Work then the Practitioner shall be entitled to appoint a Substitute. The Practitioner shall act towards the Firm conscientiously and in good faith and not allow its interests to conflict with the duties that it owes to the Firm under this Agreement and the general law. The Practitioner shall undertake the Work at [a combination of] the [Practitioner’s/Firm’s/Firm’s clients’] Premises [address of premises]. [Whilst at the Firm’s Premises, the Practitioner will adhere to all policies of the Firm including, but not limited to, health and safety policies.] [or] [The Practitioner shall undertake the Work remotely via the Firm’s IT systems. The Firm will provide the necessary log in and password credentials to access the Firm’s IT systems remotely. The Practitioner must keep these credentials confidential. The Practitioner must consider and take the necessary precautions in relation to its location of work to ensure all materials relating to this Agreement are kept confidential.] [and/or] The Practitioner shall undertake the Work on the Client’s IT systems where required. The Firm or client will provide the necessary log in and password credentials to access the Client’s IT systems. The Practitioner must keep these credentials confidential. The Practitioner must consider and take the necessary precautions in relation to its location of work to ensure all materials relating to this Agreement are kept confidential.] [The Practitioner is permitted to contact clients to enable them to deal with the work required for the Firm. AML requirements are set out further on in this document.] [The Practitioner is permitted to tell the client they are working for the firm as a subcontractor]. [or] [The Practitioner must not contact the Firm’s client’s directly but must liaise with the Firm in relation to all communication required with the Firm’s clients.] The Practitioner will agree with the Firm the application of any risk management procedures. The Practitioner shall not, except as expressly authorised by the Firm, act in a way which will incur any liabilities on behalf of the Firm nor to pledge the credit of the Firm The Practitioner must not take part in any dispute or commence or defend any court or other dispute proceedings or settle or attempt to settle or make any admission concerning any such proceedings on behalf of the Firm, except as authorised by the Firm and in accordance with the Firm’s express instructions. The Practitioner shall return to the Firm all working papers on the completion of each piece of work or on termination of the agreement and shall give the Firm access to any working papers relating to the work covered by this agreement. Upon termination of the Agreement or at the request of the Firm, the Practitioner shall return all books, records, passwords and details of access to any systems to which the Practitioner has been given to the Firm within 7 working days. If the Practitioner provides additional work they have not been instructed to do by the Firm, then the Practitioner does so at its own risk and the Firm is not obliged to accept or pay for that additional work. This Agreement does not constitute a promise or assurance by the Firm to provide the Practitioner with work. The Practitioner shall provide the Firm with all the Work including any necessary working papers for the Firm to review unless otherwise agreed. The firm appointing the practitioner is responsible for any complaint received from the client. The Practitioner shall assist the Firm with or explain their actions in the event of a complaint. The Firm confirms that: It has all requisite corporate power and authority to enter into this Agreement It conducts its business in accordance with Applicable Laws, professional body rules and Professional Conduct in Relation to Taxation (where applicable); The Firm shall provide the Practitioner with any assistance or co-operation that it reasonably requires in order to carry out the Work. The Firm shall act towards the Practitioner in good faith.