Australia: EPC Contracts In The Australian Renewable Energy Sector – Wind Farms, part 6

Last Updated: 28 October 2012
Article by Damian McNair
This article is part of a series: Click EPC Contracts In The Australian Renewable Energy Sector – Wind Farms, part 5 for the previous article.

APPENDIX 1 EXAMPLE CLAUSES

Part I - Performance Testing and Guarantee Regime

1 TESTING

Tests and Inspections

1.1 The Contractor must, at its own expense, carry out at the place of manufacture and/or on the Site all tests and/or inspections of the Equipment and any part of the Works as specified in this Contract or as required by any applicable Laws, and as necessary to ensure the Facility operates safely and reliably under the conditions specified in the Schedule of Scope of Work and the Schedule of Tests. [Appendix 1 should specify all the categories of tests other than the Tests (example: test at manufacturers plant, test on site, functional test etc.)]

1.2 The Contractor must also comply with any other requirements of the Owner in relation to testing and inspection.

1.3 The Owner and the Lenders? Representative are entitled to attend any test and/or inspection by its appointed duly authorised and designated inspector.

1.4 Whenever the Contractor is ready to carry out any test and/or inspection, the Contractor must give a reasonable advance notice to the Owner of the test and/or inspection and of the place and time. The Contractor must obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner?s inspector and the Lenders? Representative to attend the test and/or inspection.

1.5 The Contractor must provide the Owner?s Representative with a certified report of the results of any test and/or inspection within 5 days of the completion of that test or inspection.

1.6 If the Owner or the Lenders? Representative fails to attend the test and/or inspection, or if it is agreed between the parties that the Owner or the Lenders? Representative will not attend, then the Contractor may proceed with the test and/or inspection in the absence of the Owner?s inspector and provide the Owner and the Lenders? Representative with a certified report of the results.

1.7 The Owner may require the Contractor to carry out any test and/or inspection not described in this Contract. The Contractor?s extra costs necessarily incurred, which do not include head office or corporate overheads, profit or loss of profit, in the carrying out of the test and/or inspection will be added to the Contract Price only if the test shows that the relevant Works conform with the requirements of the Contract, but otherwise all costs will be borne by the Contractor.

1.8 If any Equipment or any part of the Works fails to pass any test and/or inspection, the Contractor must either rectify to the Owner?s satisfaction or replace such Equipment or part of the Works and must repeat the test and/or inspection upon giving a notice under GC 1.4.

1.9 The Contractor must afford the Owner and the Lenders? Representative access at any time to any place where the Equipment is being manufactured or the Works are being performed in order to inspect the progress and the manner of manufacture or construction, provided that the Owner gives the Contractor reasonable prior notice.

1.10 The Contractor agrees that neither the execution of a test and/or inspection of Equipment or any part of the Works, nor the attendance by either or both the Owner and the Lenders? Representative nor the issue of any test report pursuant to GC 1.5 releases the Contractor from any other responsibilities under this Contract.

1.11 No part of the Works are to be covered up on the Site without carrying out any test and/or inspection required under this Contract and the Contractor must give reasonable notice to the Owner whenever any part of the Works are ready or about to be ready for test and/or inspection.

1.12 The Contractor must uncover any part of the Works or make openings in or through the same as the Owner may from time to time require at the Site and must reinstate and make good that part.

1.13 If any part of the Works have been covered up at the Site after compliance with the requirement of GC 1.12 and are found to be performed in accordance with the Contract, the Contractor?s extra costs, which do not include head office or corporate overheads, profit or loss of profit, necessarily incurred in uncovering, making openings in or through, reinstating and making good the same will be added to the Contract Price.

Performance Tests Procedures and Guidelines

1.14 The relevant Performance Tests must be conducted by the Contractor after Commissioning to ascertain whether the Facility can achieve Completion and after Completion to ascertain whether the Facility can meet the Performance Guarantees.

1.15 All Performance Tests must be conducted in a professional, timely, safe and environmentally responsible manner and in accordance with the Schedule of Scope of Work and the Schedule of Tests, all other terms and conditions of this Contract, applicable standards, Laws, Government Approvals and must be accomplished at no additional cost or expense to the Owner.

1.16 The Facility must not be operated during any Performance Test in excess of:

  1. the limits allowed by any manufacturer to maintain its warranty;
  2. the limits imposed by the Law and Government Approvals applicable standards; and
  3. the limits stated in the Schedule of Tests.

1.17 The Contractor agrees that the Owner and the Lenders? Representative will monitor the conduct of the Performance Testing to ensure compliance with the terms and conditions of this Contract.

1.18 The Contractor agrees that an inspection pursuant to GC 1.17 by the Owner and/or the Lenders? Representative does not release the Contractor from any other responsibilities under this Contract, including meeting the Performance Guarantees.

1.19 If a Performance Test is interrupted or terminated, for any reason, that Performance Test must be restarted from the beginning, unless otherwise approved by the Owner or the Lenders? Representative.

1.20 The Owner or the Contractor is entitled to order the cessation of any Performance Test if:

  1. damage to the Works, the Facility or other property or personal injury; or
  2. breach of the conditions specified in the relevant environmental Laws or Government Approvals, is likely to result from continuation.

1.21 If the Contractor fails to pass a Performance Test (or any repetition in the event of prior failure) or if a Performance Test is stopped before its completion, that Performance Test must, subject to 24 hours prior notice having been given by the Contractor to the Owner and the Lenders? Representative, be repeated as soon as practicable. All appropriate adjustments and modifications are to be made by the Contractor with all reasonable speed and at its own expense before the repetition of any Performance Test.

1.22 The results of the Performance Tests must be presented in a written report, produced by the Contractor and delivered to the Owner and the Lenders? Representative within 5 days of the completion of the Tests. Those results will be evaluated by the Owner and the Lenders? Representative. In evaluation of the results, no additional allowance will be made for measurement tolerances over and above those specified in the applicable ISO test standard.

Sale of electricity during the Performance Tests

1.23 The Contractor acknowledges and agrees that:

  1. the Owner is entitled to all energy, revenues and other benefits, including all Renewable Energy Certificates under the REC Act, carbon credits and all other "green" renewable energy credits, that may be generated or derived from the Facility during the Performance Tests or otherwise; and
  2. nothing in this Contract imposes any restrictions on the Owner from selling any electricity generated during the Performance Tests.

2 MECHANICAL COMPLETION, PRECOMMISSIONING, COMMISSIONING AND TESTS ON COMPLETION

2.1 Mechanical completion

  1. As soon as the Facility, in the opinion of the Contractor, reaches the stage of Mechanical Completion the Contractor must give a notice to the Owner.
  2. The Owner?s Representative must, promptly, and no later than 5 days after receipt of the Contractor?s notice under GC 22.1(a), either issue a Certificate of Mechanical Completion stating that the Facility has reached Mechanical Completion or notify the Contractor of any defects and/or deficiencies.
  3. If the Owner?s Representative notifies the Contractor of any defects and/or deficiencies, the Contractor must then correct those defects and/or deficiencies and the procedures described in GCs 2.1(a) and (b) must be repeated until the Owner issues a Certificate of Mechanical Completion.

Precommissioning

2.2 The Contractor must comply with the Owner?s requirements and procedures in relation to Precommissioning as set out in the Schedule of Scope of Work.

2.3 As soon as all works in respect of Precommissioning are completed and, in the opinion of the Contractor, the Facility is ready for Commissioning, the Contractor must give notice to the Owner.

Commissioning

2.4 Commissioning of the Facility or any part must be commenced by the Contractor at a time agreed between the Contractor?s Representative and the Owner after achieving Mechanical Completion and completing Precommissioning.

Tests on Completion

2.5

  1. After Commissioning when the Contractor is satisfied that all the requirements for Completion (other than the passing of the Tests on Completion) have been satisfied the Contractor must give notice to the Owner that the Facility or that part is ready for the Tests on Completion.
  2. The Owner must, as soon as reasonably practicable, after receipt of a notice under GC 2.5(a), issue a notice to the Contractor specifying the date for commencement of those Tests on Completion not already identified in the Program and the Schedule of Tests.

3 COMPLETION, TESTS AFTER COMPLETION AND FINAL COMPLETION

Completion

3.1

  1. As soon as the Facility, in the opinion of the Contractor, reaches the stage of Completion the Contractor must give a notice to the Owner.
  2. The Owner?s Representative must, promptly, and no later than 5 days after receipt of the Contractor?s notice under GC 3.1(a), either issue a Certificate of completion stating that the Facility has reached Completion or notify the Contractor of any defects and/or deficiencies.
  3. If the Owner?s Representative notifies the Contractor of any defects and/or deficiencies, the Contractor must then correct those defects and/ or deficiencies and the procedures described in GCs 3.1(a) and (b) must be repeated until the Owner issues a Certificate of Completion.
  4. Despite any other provision of this Contract, no partial or entire use or occupancy of the Site, the Works or the Facility by the Owner, whether during the Tests on Completion or otherwise, in any way constitutes an acknowledgment by the Owner that Completion has occurred, nor does it operate to release the Contractor from any of its warranties, obligations or liabilities under this Contract.
  5. Upon the issue of the Certificate of Completion, the Contractor must handover care, custody and control of the Facility to the Owner.

Tests after Completion

3.2

  1. Upon the issue of the Certificate of Completion the Contractor must carry out the Tests after Completion in accordance with GCs 3.3 to 3.5 and the Schedule of Tests to meet the Performance Guarantees;

Guaranteed Power Curve Test

3.3 The Contractor must carry out a Guaranteed Power Curve Test:

  1. immediately after the issue of the Certificate of Completion in accordance with Clause 3.4(a);
  2. subsequently up to the expiry of the term of the O&M deed, at any time as instructed by the Owner in accordance with Clause 3.4(b); and
  3. 12 months prior to the end of the term of the O&M Deed in accordance with Clause 3.4(c), on all the WTGs in order to verify the Guaranteed Power Curve.

Methodology

3.3

  1. The Contractor must perform the Power Curve Test immediately after the issue of the Certificate of Completion in accordance with the methodology set out in the Schedule of Tests.
  2. If the measurement resulting from performance of the Guarantee Power Curve Test under GC 3.4(a)(i) determines that the average Guaranteed Power Curve is equal to or greater than [95%], the security provided under GC [#] will be reduced to 5% of the Contract Price.
  3. If the measurement resulting from performance of the Guaranteed Power Curve Test under GC 3.4(a)(i) determines that the average Guaranteed Power Curve is less than [95]%, GC 27.2(b) will apply and the security provided under GC 8.2 will only be reduced to 5% of the Contract Price when the Guaranteed Power Curve is equal to or greater than [95]%.
  4. The Performance Liquidated Damages payable pursuant to GC 27.2(b) must be calculated from the date of issue of the Certificate of Completion until the Contractor establishes by a subsequent Guaranteed Power Curve or IEC Power Curve Test, as the case may be, that the Guaranteed Power Curve is more than [95]%.
  1. The Owner has the right to perform further measurements using the Guaranteed Power Curve Test at any time after the completion of the first Guaranteed Power Curve Test under GC 3.4(a) up to the expiry of the term of the O&M Deed if the Scada data evidences a deficiency in the Guaranteed Power Curve of less than 95% occurring over 20 consecutive days.
  2. If the measurement resulting from performance of the Guaranteed Power Curve Test under GC 3.4(b)(i) determines that the average Guaranteed Power Curve is less than 95%, GC 27.2(b) will apply.
  3. The Performance Liquidated Damages payable pursuant to GC 27.2(a) must be calculated retrospectively from the time at which the Guaranteed Power Curve, according to Scada data, was less than [95]% and where this point cannot be established, from the date when the last VMP Scada Test or IEC Power Curve Test, as the case may be, was performed which proved the Guaranteed Power Curve was equal to or greater than [95]%.
  1. The Contractor must carry out a Guaranteed Power Curve Test 12 months prior to the expiry of the term of the O&M Deed.
  2. If the measurement resulting from performance of the Guaranteed Power Curve Test under Clause 3.4(c) determines that the average Guaranteed Power Curve is less than [95]%, GC 27.3(b) will apply.
  3. The Performance Liquidated Damages payable pursuant to GC 27.2(a) shall be calculated retrospectively from the time at which the Guaranteed Power Curve, according to Scada data, was less than [95]% and where this point cannot be established, from the date when the last Guaranteed Power Curve Test or IEC Power Curve Test, as the case may be, was performed which proved the Guaranteed Power Curve was equal to or greater than 95%.
  4. If the Contractor performs an IEC Power Curve Test in the 12 months prior to the expiry of the term of the O&M Deed, that sample test will be deemed to be representative of the entire Facility. The parties agree that the results of the IEC Power Curve Test will be final and binding, GC 27.2 shall apply and no further IEC Power Curve Test or VMP Power Curve will be carried out.
  5. Subject to Clause 3.4(c)(iv), if the Contractor is unable to increase the Power Curve so that the Guaranteed Power Curve is equal to or greater than 95% prior to the expiry of the term of the O&M Deed, GC 27.2(c) will apply.

IEC Power Curve Test

3.5

  1. An IEC Power Curve Test will be performed if the Contractor elects to perform an IEC Power Curve Test pursuant to GC 27.3(b)(iii) or if either party disputes the results of the Guaranteed Power Curve Test carried out under Clauses 3.4(a), (b) or (c).
  2. The IEC Power Curve Test may be performed at up to 3 WTG locations on the Site. The locations must be selected from WTGs which represent an average of the performance of all WTGs as assessed from the scada data collected from the issue of the Certificate of Completion to the time of the IEC Power Curve Test or as otherwise agreed by the Owner.

  3. While performing the first IEC Power Curve Test, the Contractor must perform an additional VMP Scada Test concurrently with the IEC Power Curve Test and the Correlation Factor will be used for the performance of all subsequent VMP Scada Tests.
  4. The costs of the IEC Power Curve Test must be borne by the Contractor if the Contractor elects to perform an IEC Power Curve Test pursuant to Clause 27.3(b)(iii) or by the party electing to perform the test, together with all indirect costs incurred as a result of the test including any loss of production of electricity.

Final Completion

3.6

  1. As soon as the Facility, in the opinion of the Contractor, reaches the stage of Final Completion the Contractor must give a notice to the Owner.
  2. The Owner?s Representative must, promptly, and no later than 5 days after receipt of the Contractor?s notice under GC 3.6(a), either issue a Certificate of Final Completion stating that the Facility has reached Final Completion or notify the Contractor of any defects and/or deficiencies.
  3. If the Owner?s Representative notifies the Contractor of any defects and/or deficiencies, the Contractor must then correct those defects and/ or deficiencies and the procedures described in GCs 3.6(a) and (b) must be repeated until the Owner issues a Certificate of Final Completion.
  4. Despite any other provision of this Contract, no partial or entire use or occupancy of the Site, the Works or the Facility by the Owner, whether during the Tests after Completion or otherwise, in any way constitutes an acknowledgment by the Owner that Final Completion has occurred, nor does it operate to release the Contractor from any of its warranties, obligations or liabilities under this Contract including the satisfactory performance of its obligations during the Defects Liability Period, the carrying out of the Tests after Completion and meeting the Performance Guarantees.

Part II – Extension of Time Regime

  1. The Contractor must immediately give notice to the Project Company of all incidents and/or events of whatsoever nature affecting or likely to affect the progress of the Works.
  2. Within 15 days after an event has first arisen the Contractor must give a further notice to the Project Company which must include:
    1. the material circumstances of the event including the cause or causes;
    2. the nature and extent of any delay;
    3. the corrective action already undertaken or to be undertaken;
    4. the affect on the critical path noted on the Program;
    5. the period, if any, by which in its opinion the Date for Commercial Operation should be extended; and
    6. a statement that it is a notice pursuant to thisGC [ ].2.
  1. Where an event has a continuing effect or where the Contractor is unable to determine whether the effect of an event will actually cause delay to the progress of the Works so that it is not practicable for the Contractor to give notice in accordance with GC [ ].2, a statement to that effect with reasons together with interim written particulars (including details of the likely consequences of the event on progress of the Works and an estimate of the likelihood or likely extent of the delay) must be submitted in place of the notice required under GC [ ].2. The Contractor must then submit to the Project Company, at intervals of 30 days, further interim written particulars until the actual delay caused (if any) is ascertainable, whereupon the Contractor must as soon as practicable but in any event within 30 days give a final notice to the Project Company including the particulars set out in GC [ ].2.
  2. The Project Company must, within 30 days of receipt of the notice in GC [ ].2 or the final notice in GC [ ].3 (as the case may be), issue a notice notifying the Contractor?s Representative of its determination as to the period, if any, by which the Date for Commercial Operation is to be extended.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

This article is part of a series: Click EPC Contracts In The Australian Renewable Energy Sector – Wind Farms, part 5 for the previous article.
This article is part of a series: Click EPC Contracts In the Australian Renewable Energy Sector – Wind Farms, part 7 for the next article.
Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions