Terms of Business
1.1. We aim to offer our clients quality HR advice with a personal service at a reasonable cost. We hope it is helpful to you to set out below the basis on which we provide our professional services.
1.2. HR4UK.com Limited (HR:4UK) is a limited company with company registration number 1804171 which operates from our registered offices in Hinckley, Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ. We also trade under the titles of 2Apply; The Employment Handbook and Your Employment Handbook.
1.3. It is your responsibility to keep us informed of any events that may change the nature of the services you may require from us.
1.4. The law governing any dispute arising from these Terms of Business shall be the law of England and shall be determined by English Courts.
2. Subscription Fees
2.1. The level of your monthly subscription fees are as agreed at the commencement of our services.
2.2. The level of subscription is based upon the level of service you have subscribed. The subscription fee is also based on your declaration of employee numbers and the number of locations or centres in the UK.
2.3. Any joining fee is payable by credit/debit card or bank transfer prior to the commencement of any service.
2.4. Subscription fees are payable monthly in advance by direct debit. Two weeks’ prior to the payment falling due, an invoice shall be emailed to the main contact confirming the amount to be debited from your account and the date on which payment will be taken. The date upon which payments are taken are the 1st or the 15th of each month.
2.5. In the event that you change the level of service you subscribe to, the subscription fee shall change accordingly and shall become effective the month immediately following the change.
2.6. If any direct debit payment is not honoured, we reserve the right to terminate our services immediately without any further notice to you.
2.7. We can accept payment by debit or credit card but we reserve the right to charge a 2% handling fee.
2.8. We reserve the right to instigate legal proceedings against you in order to recover any debt arising from any unpaid invoices. We reserve the right to notify any non-payment of invoices to credit agencies and/or associations to which you may belong. This could have significant implications on your ability to obtain credit and may impact your current credit rating.
2.9. These terms do not restrict your right to challenge our charges if you do not think that our invoice is correct. You may challenge our charges by raising a complaint under our formal Complaints Procedure.
2.10. We reserve the right to on each anniversary to amend fees under our terms of business in line with the percentage increase in the UK retail price index published by the Office for National Statistics but not exceeding 3%.
3. Communication between you and us
3.1. We value all feedback concerning our services and conduct regular reviews to help us to improve our services.
3.2. The Data Protection Act requires us to advise you that your particulars are held on our database. We may from time to time, use these details to send you information that we think might be of interest to you.
4. Hours of business
4.1. HR:4UK’s offices are open for business between 8:45am and 5:15pm Monday to Friday. We do not open our offices on a Bank Holiday.
4.2. In cases of an urgent nature that cannot wait until our offices re-open, we operate an out of hours’ service.
5. Queries and complaints
5.1. We are committed to providing a high standard of professional service. A copy of our service standards are available upon request.
5.2. We are confident that we will provide you with a high quality of service. However, if you have any queries or concerns in relation to the services we offer you, you must make this clear to the person who has been assisting you.
5.3. If this does not resolve the problem to your satisfaction, or if you think it is appropriate to do so, you should follow our Complaints Procedure or raise the matter with our Managing Director, Angela Clay at our offices which are Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ, telephone 01455 444222 or email firstname.lastname@example.org
6. Confidentiality and Data Protection
6.1. HR:4UK will hold personal information about you that you provide to us or that may be provided to us during the course of business. We will use this information for the purpose of providing our services.
6.2. HR:4UK will use your information in accordance with your instructions and with the Data Protection Act 1998.
6.3. You have the right to access the personal data that HR:4UK holds about you. If you wish to have access to this information, please send a written request to our offices at Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ together with a cheque in the sum of £10 made payable to HR4UK.com Limited.
6.4. If you believe that any of the personal information that we hold about you is incorrect, please let us know. For further information about how to access personal data, please visit the Information Commissioner’s website at www.ico.gov.uk
6.5. We may wish to seek publicity on your behalf. We may wish to use references to you for similar service proposals to prospective clients of similar work, in which event we shall seek your consent prior to doing so.
6.6. We shall keep confidential all information you pass on to us (unless the information is in the public domain, or we become aware of it from another source, or we are required by law to disclose it) and all reports, advice and recommendations produced by us as a result of the services we offer to you.
6.7. We shall keep confidential any methodologies and technology used by us to carry out our services provided to you.
6.8. Where you have provided us with personal information you consent to our use of this information in our working relationship. We may also use this information to contact you by email, telephone or post to provide you with details about our products and services or any other information we believe may be of interest to you. If you would like us to stop using your personal information for such purposes, please notify us in writing.
7.1. HR:4UK is a limited company. The effect of this is that the company is responsible to you for any acts of default or negligence but the directors are not personally liable to you. No member, employee or consultant of HR:4UK is personally liable to you or accepts any personal responsibility to you or any third party in providing our services to you. We believe that this is reasonable as it corresponds to modern business practice and HR:4UK has in place indemnity insurance.
7.2. In the event of default (which for these purposes means any act, representation or omission by us or any of our directors, employees, consultants or agents in connection with our work for you as a result of which we are legally liable to pay you or any third party compensation) we shall not be liable for any loss incurred after the date we correct the default, or for any losses incurred more than12 months after the date of the default, or whichever of these events arises sooner.
7.3. HR:4UK shall not be liable to you to the extent that we afford you a reasonable opportunity to mitigate your loss, damage, liability or expenses by providing alternative or additional services.
7.4. Save for damages arising in relation to death or personal injury caused by our negligence or for fraud, the aggregate liability of HR:4UK (including its directors and staff) in respect of any and all claims made by you (under contract, tort, statute, negligence or otherwise) arising out of or in connection with our engagement to act in connection with your matter, shall not exceed £1,000,000 (including interest and costs) unless we expressly state a higher amount. All claims which are to be treated as a single claim for the purposes of our indemnity insurance are to be aggregated in applying that limit, apportioning the capped liability between the aggregated claims in a just and equitable manner.
7.5. HR:4UK shall not be liable for any of the following losses or damage howsoever caused and even if foreseeable by us:
a) loss, or damage to or the cost of replacement, recovery or reconstruction of your or a third party’s documents, records, information or other data on any media;
b) special, indirect or consequential loss including loss of use, profits, goodwill or anticipated savings;
c) loss arising from any claim made against you by a third party;
d) loss or damages arising from your failure to fulfil your responsibilities or loss or damages arising from acting in accordance with your instructions or instructions received from your offices, members, directors, employees, agents or third parties engaged by you;
e) losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or others failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax or other authorities
7.6. Nothing in these Terms excludes or limits:
a) Any liability or claim that cannot be excluded under English law.
b) Any liability or claim that cannot be excluded under any relevant professional rule or regulation.
7.7. HR:4UK will not be responsible for any increased liability falling on HR:4UK by reason of any limit which you may have agreed with any other adviser or which may otherwise have fallen upon HR:4UK by reason of the contributory negligence of any other person against whom you do not make recovery for any reason. This is relevant in circumstances in which HR:4UK and other persons may be liable in respect of the same damage. In these circumstances, HR:4UKs’ liability will be limited to such sums as it reasonably ought to pay having regard to its responsibility for the damage (within the meaning of section 2(1) of the Civil Liability Contribution Act 1978) and on the basis that such other persons are deemed to have paid to you such sums as they ought reasonably to have paid (i) having regard to their own responsibility for it; and (ii) disregarding any limitation which you may have agreed with such person, any subsequent extension of your claims against that person or the fact that such person has ceased to exist. If you agree to limit the liability of such persons, or if the claim against such person lapses or becomes extinguished for any reason or is not pursued by you or any such person fails to satisfy any judgment obtained by you, HR:4UK will not be liable to you for more than the net amount it would have paid, after allowing for the amounts you would otherwise have been entitled to recover from such persons.
7.8. Please ask if you would like us to explain any of the terms in this section.
8.1. Following any initial contracted period, you can terminate your subscription for our services at any time giving 30 days’ written notice. Such notice may be sent by email to email@example.com or faxed to 01455 444213.
8.2. We can only accept cancellation if signed by a Director or other authorised person.
8.3. Upon termination your employees’ benefit packages will cease.
8.4. Access to the systems will cease at the end of the notice period or immediately after non-payment of any monthly subscription.
8.5. If either party cease to trade, is declared insolvent or reaches an agreement with its creditors under any legislation currently in force in the UK, the subscription services shall terminate immediately.
8.6. We reserve the right to stop acting for you only with good reason, for example, if you do not follow our advice or there is a conflict of interest (non-exhaustive).
9. Law and Jurisdiction
9.1. The relationship between you and HR:4UK and any matter arising out of or in connection with it will be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction (but nothing shall prevent us from enforcing the payment of any debt due to us in courts outside England).
We welcome your feedback and questions. If you wish to contact us, please send an email to firstname.lastname@example.org or you can write to us at Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ or call us on 01455 444222.