Standard Terms and Conditions
- DURATION OF SERVICE
The Contract will commence upon a date agreed in writing with the client, or on the date the client instructs to proceed and agrees our terms in writing, (for the purposes of this agreement this includes fax, post or electronic transmission) and will be for the length of the agreed project.
- SCOPE OF SERVICE
Belvoir HR will provide the client with consultancy services during the period of the agreement. The activities to be undertaken within the scope of the service are as detailed by us in writing. The proposal is incorporated into, and forms part of, this Contract.
The service shall be delivered by phone or on-site visit during normal working hours (0900-1700 hrs Monday to Friday).
- BELVOIR HR SERVICES OBLIGATIONS
Belvoir HR will exercise all reasonable care and skill in the provision of the Service to the Client. Where processing of data is carried out under the instruction of the Client, Belvoir HR will exercise all due care and have in place all appropriate security measures.
- FEE AND PAYMENT TERMS
The Client will either pay a monthly fee plus VAT in respect of all consultancy work undertaken as per the agreement or an hourly rate or a fixed fee as quoted. Where not stipulated elsewhere the day rate and the hourly rate shall be that published from time to time.
Belvoir HR shall be at liberty to charge interest on all sums outstanding at the rate of 4% above the Bank of England base rate, and in the event of having to use a third party to recover the debt, such charges will be passed onto the client.
- WASTED JOURNEYS
In the event of the Client or its employees failing to honour appointments made with Belvoir HR, Belvoir HR reserves the right to charge for any costs incurred.
- FORCE MAJEURE
Belvoir HR shall not be liable to the Client for any failure to provide the Service as a result of force majeure which shall include (but not be limited to), Acts of God, war, strikes, lock-outs, civil commotion, mechanical or technical difficulties, or any other cause whatsoever beyond Belvoir HR’s reasonable control.
These terms apply, unless otherwise agreed in writing, to the exclusion of and shall prevail over all and any other terms. No variation shall be made to these terms without the prior written consent of a Director of Belvoir HR and, unless otherwise agreed in writing, these terms apply on and from the date of engagement of Belvoir HR in any manner whatsoever for and on behalf of the Client.
This Agreement contains the entire Agreement of Belvoir HR and the Client. Any variations or additions to its terms (including details in any schedules) shall only be effective if confirmed in writing by Belvoir HR.
No other condition or modification to this Agreement shall be binding on Belvoir HR, unless Belvoir HR agrees thereto in writing and Belvoir HR shall not be deemed to accept such other conditions or modifications or to waive any condition herein contained by failing to object to any matters contained in any communication from the Client.
The Client shall not be entitled to withhold the whole or any part of any payments due to Belvoir HR hereunder on account of any claim, right of set off, counterclaim, equitable right, dispute or potential dispute which it may have or which it considers it may have against Belvoir HR.
Our terms of payment are 28 days from the date of invoice. Any invoice for any service tendered by Belvoir HR Ltd that remains unpaid after 28 days will result in the withdrawal of our services to the client until the outstanding invoice(s) are settled in full.
Except where required by law, Belvoir HR shall not be liable to the Client for any economic loss, loss of profits or indirect damage and Belvoir HR’s liability will be limited to the total fees payable by the Client in any one year of the Contract.
- TERMS OF ENGAGEMENT
The following terms of engagement shall constitute express terms of this Agreement:-
All procedures, documentation, and reports shall be examined and prepared in the context of the law at that time and on the basis of matters disclosed to Belvoir HR by the Client as material and Belvoir HR accepts no responsibility for changes in the law which may affect the conclusion and/or recommendation of the report, or the contents of any procedures or documentation or for any losses or damage suffered to the Client arising out of a failure by the Client to disclose material facts or circumstances.
Belvoir HR hereby excludes all liability in respect of any claims arising out of any alteration to, or modification of, a Client’s procedures, working practices and/or conditions prevailing at the time of Belvoir HR’s investigation, examination and/or interviews unless such alteration and/or modification are made on Belvoir HR’s recommendation or with its express knowledge and consent.
If the Client fails to accurately declare the full extent of its operations upon which it expects Belvoir HR to advise Belvoir HR reserves the right to adjust the fees made or to restrict the services made available to the Client.
- LIMITATIONS OF LIABILITY
Whilst Belvoir HR undertakes to supply a professional standard of service, neither Belvoir HR nor its employees can be held responsible for the actions of the Client in the running of the Client’s Company
All work undertaken, surveys or audits made and information obtained for the Client will be completely confidential between Belvoir HR and the Client, as will any undertakings made on behalf of the Client within the framework of the Law.
This Contract may be terminated by Belvoir HR forthwith in the event of the Client:
- Infringing Copyright contrary to clause 15.
- Giving Belvoir HR any false or misleading statements or making any negligent or fraudulent misrepresentation in relation to this Agreement.
- Becoming insolvent or bankrupt, making any voluntary arrangement, or ceasing or threatening to cease to carry on its business.
- Being in breach of clause 4.
On such termination, fees due to Belvoir HR (both those due at the date of termination and all future payments) shall immediately be payable. Belvoir HR may charge interest on such sums outstanding at the rate of 4% per annum above the Bank of England base rate.
- PERSONAL DATA PROTECTION (DATA PROTECTION ACT 2018 (DPA 18) COMPLIANCE)
Whenever a data controller provides personal data to Belvoir HR, it is responsible to notify Belvoir HR of:
- the subject matter and duration of the processing;
- the nature and purpose of the processing;
- the type of personal data and categories of data subject; and
- any addition specific rights and obligations of the data controller with regards to that data.
- Where Belvoir HR is supplied with personal information to enable Belvoir HR to fulfil its contractual obligations, Belvoir HR will:
- only act on the written instructions of the controller (unless required by law to act without such instructions);
- ensure that people processing the data are subject to a duty of confidence;
- take appropriate measures to ensure the security of processing;
- only engage a sub-processor with the prior consent of the data controller;
- assist the data controller in providing subject access and allowing data subjects to exercise their rights under DPA 18;
- assist the data controller in meeting its DPA 18 obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
- delete or return all personal data to the controller as requested at the end of the contract, save where such personal data is required to meet a legal obligation or in the legitimate interests of Belvoir HR Ltd.
- submit to audits and inspections provided at least 7 days’ notice is given, provide the controller with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the controller immediately if it is asked to do something infringing the Data Protection Act 2018, GDPR or other data protection law of the EU or a member state.
Copyright will rest with Belvoir HR as regards all reports, handbooks, Belvoir HR documentation and all other information and material supplied to the Client and whether in written or electronic form. Infringement of copyright by Belvoir HR shall entitle the Company to terminate the Agreement forthwith.
- THIRD PARTY RIGHTS
This Contract does not create any right enforceable by any person not a party to it, except a person who is the permitted successor to, or an agreed assignee of, the rights of a party of this Agreement.
- LAW AND JURISDICTION
These terms and condition shall be governed by the law of England and are subject to such statutory limitations that apply and the parties submit to the jurisdiction