Terms and Conditions

By accessing this website you agree to be bound by the following Terms and Conditions as to its use.

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Rebecca Bevins HR Consultancy Terms and Conditions of Business

Rebecca Bevins HR Consultancy Limited (“Us”, “Our”, “We”) - Terms and Conditions

1. DEFINITIONS

HR Consultancy Services: the human resources consultancy services to be provided by Us to You under the Contract.

Intellectual Property Rights: all copyright and any other intellectual property rights, in each case whether registered or unregistered in any part of the world.

Contract: the agreement incorporating these terms and conditions between You and Us for the supply of HR Consultancy Services.

HR Documents: the draft, sample and template documents supplied by Us to You as set out in the Contract.

Project: scheduled consultation for the supply of HR Consultancy Services by Us to You as set out in the Contract.

You and Your: the person, firm or company entering into the Contract with Us

2. COMMENCEMENT

The HR Consultancy Services supplied under the Contract shall be provided by Us to You upon Our confirming your instructions by way of a welcome letter.

3. OUR OBLIGATIONS

3.1 We shall use all reasonable endeavours to meet any performance dates specified under the Contract but any such dates shall be estimates only and time shall not be of the essence for performance of the HR Consultancy Services.

3.2 As Your professional advisors We carry professional liability insurance.

3.3 We undertake to protect your confidential interests and all Our representatives are instructed to prevent the disclosure of such interests.

4. YOUR OBLIGATIONS

4.1 You shall:

(a) co-operate and collaborate with Us in all matters relating to the HR Consultancy Services;

(b) provide to Us, in a timely manner, such information as We may require and ensure that it is accurate in all material respects

4.2 If Our obligations under the Contract are prevented or delayed by any act or omission by You then We shall not be liable for any costs, charges or losses sustained or incurred by You arising directly or indirectly from such prevention or delay.

4.3 You shall be liable to pay to Us, on demand, all reasonable costs, charges or losses sustained or incurred by Us arising directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of any of Your obligations under the Contract, subject to Us confirming such costs, charges and losses to You in writing.

5. CHARGES AND PAYMENT

5.1 You shall pay the charges as set out in the Contract which shall specify whether they shall be on a time bank basis, a fixed fee basis, an ad-hoc basis or a combination of any. Condition 5.2 shall apply if We provide HR Consultancy Services on a time and materials basis. Condition 5.3 shall apply if the Company provides Services for a fixed fee. The remainder of this Condition 5 shall apply in either case.

5.2 Where HR Consultancy Services are provided on a time basis:

(a) the charges payable for the HR Consultancy Services shall be calculated in accordance with Our fee rates, as set out in the Welcome Letter;

(b) our fee rates for each individual person are calculated on the basis of a 7.5 hour day, worked between 8.30 am and 5.00 pm on weekdays;

(c) all charges quoted to You shall be exclusive of VAT, which We shall add to the invoices at the appropriate rate;

(d) We shall ensure that every individual whom we engage to provide HR Consultancy Services completes time sheets recording time spent on the HR Consultancy Services, and We shall use such time sheets to calculate the charges covered by each monthly invoice referred to in condition 5.2 (e); and

(e) We shall invoice You monthly for charges for time, expenses, materials and travel together with VAT where appropriate for the month concerned, calculated as provided for in this condition 5.2.

5.3 Where HR Consultancy Services are provided for a fixed fee, the total price for the HR Consultancy Services shall be the amount set out in the Welcome Letter.

5.4 Any necessary travelling time, will be charged accordingly – see On Demand and Time bank packages at 11. & 12.

5.5 Car mileage incurred by Us in carrying out HR Consultancy Services will be charged at 45 pence per mile as per 11. And 12.

5.6 You shall pay each invoice submitted by Us, in full and in cleared funds, within 30 days of the date of invoice to a bank account nominated in writing by Us.

5.7 Without prejudice to any other right or remedy that We may have, if You fail to pay Us on that date, We may:

(a) charge interest on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of HSBC Bank Plc.

(b) claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and

(c) suspend all HR Consultancy Services until payment has been made in full.

5.8 All sums payable to Us under the Contract shall become due immediately on its termination, despite any other provision.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All Intellectual Property Rights shall be owned by Us.

6.2 We licence all Intellectual Property Rights to You free of charge and on a non-exclusive basis to such extent as is necessary to enable You to make reasonable use of the HR Consultancy Services.

6.3 The licence provided by Us shall terminate if You terminate the Contract.

7. CONFIDENTIALITY

7.1 You shall keep in strict confidence all commercial know-how, processes or initiatives which are of a confidential nature and have been disclosed to You by Us.

7.2 You may disclose such information to your employees, officers, representatives, advisors or agents who need to know such information for the purposes of carrying out your obligations under the Contract

7.3 You shall ensure that your employees, officers, representatives, advisors or agents to whom you disclose such information comply with condition 8.

8. LIMITATION OF LIABILITY- YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

8.1 This condition 8 sets out the entire financial liability of Us to You in respect of:

(a) any breach of the Contract; and

(b) any use made by You of The HR Consultancy Services; and

(c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.

8.2 All warranties, conditions and other terms implied or expressed by statute or common law are, to the fullest extent permitted by law, excluded from the contract.

Subject to conditions 9.1 and 9.2:

(a) Our total liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the value of the Contract; and

(b) We shall not be liable to You for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.

9. TERMINATION

9.1 If You terminate the Contract and We have arranged a Project with You, You shall pay to Us at Our discretion on the following terms either:

(a) 50% of the agreed charge for the Project set out in the Contract for termination with at least two weeks’ notice; or

(b) the agreed charge for the Project set out in the Contract for termination with less than a week’s notice.

9.2 If You terminate the Contract We reserve the right not to fulfil the HR Services until you pay to Us the agreed charge as set out in the Contract.

9.3 Subject to clauses 9.1 and 9.2, on termination of the Contract You shall immediately pay to Us all of the outstanding unpaid invoices and interest and, in respect of HR Consultancy Services supplied but for which no invoice has been submitted, We may submit an invoice, which shall be payable immediately on receipt.

9.4 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:

(a) the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 28 days after being notified in writing to make such payment; or

(b) the other party commits a breach of any of the terms of the Contract and fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

(c) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits liability to pay its debts.

10. GENERAL

10.1 These terms and conditions shall prevail over any others set out or referred to in any documentation sent by You to Us.

10.2 We may, from time to time and without notice, change the HR Consultancy Services. If We request a change to the scope of the HR Consultancy Services for any reason, You shall not unreasonably withhold or delay consent to it.

10.3 We are not authorised by the Financial Services and Markets Act 2000 to offer You investment-related activities (including insurance mediation activities) because we are not regulated by the Financial Services Authority. We are engaged only to provide HR Consultancy Services and nothing that we say or do should be construed as advice to anybody on the investment merits of acquiring or disposing of particular investments, including insurance contracts, or as an invitation or inducement to anybody to engage in investment-related activities (including insurance mediation activities).

10.4 Subject to condition 10.2, no variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of the parties.

10.5 A waiver of any right under the Contract is only effective if it is in writing and it applies only to circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its furthest exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

10.6 If a provision of the Contract is found to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

10.7 If a provision of the Contract is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10.8 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to the subject matter.

10.9 Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty.

10.10 Nothing in this condition shall limit or exclude any liability for fraud.

10.11 You shall not, without the prior written consent of Us, assign or transfer any of the rights or obligations under the Contract.

10.12 The Contract shall be governed by the law of England and the parties agree that the court of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of the Contract.

11. ON DEMAND PACKAGES

Fee

Minimum commitment

Minimum use

Mileage

Travel Time

£115 per hour

NONE

½ Hour

FREE

1st hour of travel each way is free

Time thereafter is charged at £115.00 per hour

£595 per day

NONE

½ day

Less than 25 miles each way = FREE

More than 25 miles each way = 45p per mile

1st hour of travel each way is free

Time thereafter is either charged as part the day rate (i.e. 4 hours on site plus 4 hours travel). If total day in excess of 8 hours we reserve the right to charge additional hours at £115.00 per hour, whether on site or travelling

12. TIME BANK PACKAGES

12.1 Attracts priority response from an allocated consultant. Includes Free Quick Fire questions and meeting room hire. Quick fire questions are those taking less than 5 minutes including any follow up work required. No time will be deducted from you time bank for quick fire questions. The number of quick fire questions per client are monitored and restricted according to fair use.

12.2 Meeting room is subject to availability, fair use and available on a first come, first service basis

Fee

Minimum commitment

Minimum use

Mileage

Travel Time

£99 per hour

10 hours per year

¼ hour

FREE

1st hour of travel each way is free

Time thereafter is deducted from the time bank

£495 per day

2 days per year

½ day

Less than 25 miles each way = FREE

More than 25 miles each way = 45p per mile

FREE

£425 per day

24 days per year

½ day

Less than 25 miles each way = FREE

More than 25 miles each way = 45p per mile

FREE

12.3 Cancellation is subject to 30 days’ notice. Account must be in credit i.e. payments made must be equal to or greater than the time already used. If not, RBHR will invoice the remaining amount due in one final invoice.