TERMS AND CONDITIONS FOR USE OF The People Connection WEBSITE AND ANY SERVICE PROVIDE BY THE PEOPLE CONNECTION, HR and employment law services and any other services provided by The People Connection including those covered by a separate written agreement.
in these Terms and Conditions “we, our, us, The People Connection” refers to [“The People Connection Ltd”]. These terms and conditions apply to the use of all aspects of the site and any of the services provided by The People Connection including (though not limited to) document template provision, telephone, and email support, “how to or training guides” and e-mail HR and employment law updates. You will be directed to these terms and conditions via several sources including any invoice.
1. ACCEPTANCE OF TERMS
by accessing the content of www.thepeopleconnection.co.uk (“the Website and any service provide by The People Connection”) you agree to be bound by the terms, conditions set out herein, and you accept our privacy policy available at www.thepeopleconnection.co.uk.co.uk/privacy-policy.
You are also bound by any separate agreements through which may come in the form of a Service Level Agreement. If you object to any of the terms and conditions set out in this agreement you should contact your Trusted Adviser (on mail@tpchr.co.uk) and leave the site immediately.
You agree that you shall not use the website and any service provide by The People Connection for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website and any service provide by The People Connection in a way that may impair the performance, corrupt the content, or otherwise reduce the overall functionality of the Website and any service provide by The People Connection. You also agree not to compromise the security of the Website and any service provide by The People Connection or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
By accessing the website and any service provide by The People Connection you are agreeing to the terms and conditions at the time of use and by using the website and any service provide by The People Connection you are confirming that you have read and understood these terms and conditions and will be bound by all contained.
By agreeing to these terms, you understand that you will be bound by all aspects regardless of whether a fee is paid or not and regardless of whether you have engaged The People Connection Ltd to undertake any service under a different agreement. By agreeing to these terms, you are confirming that you have express permission from the registered company to use the site.
2. MODIFICATION
The People Connection reserve the right to change any part of this agreement without notice and your use of the Website and any service provide by The People Connection will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
The People Connection has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
- LIMITATION OF LIABILITY
The People Connection will, under no circumstance, be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website and any service provide by The People Connection. All documents are designed as examples only and are uncontrolled. Any guides are designed to provide basic advice and are not designed as a replacement for legal/professional advice. The “HR Updates” and the associated contents are designed as guidance only. Any advice provided is not designed as an alternative to legal advice.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of The People Connection, its employees, or agents. This applies to all levels of support.4.COPYRIGHT
All intellectual property of The People Connection such as trademarks, trade names, patents, registered designs, and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website and any service provide by The People Connection remain the property of The People Connection. No documents may be duplicated or distributed without the express written permission of The People Connection Ltd.
By using the Website and any service provide by The People Connection, you agree to respect the intellectual property rights of The People Connection and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website and any service provide by The People Connection. - DISCLAIMERS
The information is provided on the understanding that the website and any service provide by The People Connection is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website and any service provide by The People Connection is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website and any service provide by The People Connection.
We do not guarantee uninterrupted availability of the www.thepeopleconnection.co.uk website and any service provide by The People Connection and cannot provide any representation that using the Website and any service provide by The People Connection will be error free. - THIRD PARTIES
The Website and any service provide by The People Connection may contain hyperlinks to website and any service provide by The People Connections operated by other parties. We do not control such website and any service provide by The People Connections and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such website and any service provide by The People Connections does not imply any endorsement of views, statements or information contained in such website and any service provide by The People Connections. - SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. - GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the Website, and any service provide by The People Connection hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.9. SERVICE PROVISION
The service provided by The People Connection shall be agreed between The People Connection and the client/customer. The service may be confirmed in writing under a separate Service Level Agreement and if this is the case, that written agreement and its contents shall prevail. The type of service shall be confirmed on the invoice and will be categorised as shown below e.g., Basic HR Support. Details of the start date and end date (or details of termination) may be contained within the written Service Agreement or outlined below. If the details are not shown within these terms and conditions, they will be contained on the invoice(s).
Written Service Agreement
If a written service agreement exists, then the client/customer will be bound by the terms and conditions within that agreement. The written service agreement will prevail and will set out the start date, end date (if applicable) or (if applicable) the details around a rolling contract agreement. The agreement will set out what service will be provided and details of the costs around additional work.
Basic HR Support
The Basic HR support programme provides:
- Telephone and email support from a named adviser (this is limited to normal office hours I.e 0900 to 1700 Monday to Friday and excludes bank holidays). Telephone and email support associated with a claim to an Employment Tribunal including ACAS ‘“early-conciliation” will be excluded but may be requested as “additional work”. Video calls using whichever format are NOT included in the telephone or email support and shall be classed as “additional work”. Service may be limited from time to time and restricted to email at the complete discretion of The People Connection. Basic HR support clients will also receive e- newsletters covering developments in HR and employment law; there is no fixed timescale or schedule for when these will be sent but they are normally sent via email or accessed via thepeopleconnection.co.uk at the discretion of The People Connection.
The Basic HR Support programme can be terminated (in writing – email acceptable) at any time following a minimum one year-term providing a minimum 3 calendar months’ notice is served. This will apply to all Basic HR Support clients/customers unless covered by a separate agreement.
Payment for the Basic HR Support programme is made monthly via standing order. It is the responsibility of the client/customer to set up and maintain the standing order. If a standing order is not paid for one month, The People Connection (at its sole discretion) may assume that the agreement to provide that notice to terminate has been served. In such an event an invoice for the unpaid element plus 3 months will be issued along with an administration fee of £200: All costs will be + VAT.
Those engaged on the Basic HR Support programme may be switched to a different programme of support if agreed with The People Connection.
Basic HR Support +
The Basic HR Support+ programme provides for telephone and email support from a named adviser (this is limited to normal office hours I.e 0900 to 1700 Monday to Friday and excludes bank holidays). Telephone and email support associated with a claim to an Employment Tribunal including ACAS ‘“early-conciliation” will be excluded but may be requested as “additional work”. Video calls using whichever format are NOT included in the telephone or email support and shall be classed as “additional work”. Service may be limited from time to time and restricted to email at the complete discretion of The People Connection. Template documents will be provided if available from as a “stock item” and are in “uncontrolled” format meaning that it is the responsibility of the client/customer to check to ensure they are suitable for use. If documents are not available and/or a request is made to develop and/or change a document; this shall be classed as additional work and the cost and terms of payments for said work will be as outlined below. HR and employment law updates shall be provided via the nominated email address (this is limited to one email address unless agreed with The People Connection). Additional work is charged at normal rate minus 20% (for Basic Hr Support +) clients except for any work associated with an Employment Tribunal claim and/or early conciliation which is charged at the full rate. Basic HR Support+ clients will also receive e- newsletters covering developments in HR and employment law; there is no fixed timescale or schedule for when these will be sent but they are normally sent via email.
The Basic HR Support+ programme is delivered for a minimum one-year term but is subject to a rolling annual contract. This means that the contract will automatically roll over from one year to the next. The agreement can be terminated (in writing) at any point during a year but the contract and service will continue for the rest of the year. The “start date” for the purposes of this calculation will be stated on the invoice (s). An example of how the termination works is:
A contract starts on January 1st ,2021 and runs for a minimum of twelve months. The contract can be cancelled at any point during 2021 (written notification can be completed by email BUT proof of a read receipt will be required), and it will automatically end on December 31st, 2021. If it is not terminated, it will automatically roll-over into 2022 and will continue for the full year regardless of whether termination is issued. The same will apply every year. This only applies to an occasion when a monthly payment schedule is agreed.
Payment for the Basic HR Support + programme is made monthly via standing order. It is the responsibility of the client/customer to set up and maintain the standing order. If a standing order is not paid for two consecutive months, The People Connection (at its sole discretion) issue an invoice for the full balance of the contract. The full balance will be calculated using the roll-over term stated above. In such an event an invoice for the unpaid element plus 3 months will be issued along with an administration fee of £200: All costs will be + VAT.
My HR Support
My HR Support is a programme of support providing the following:
- Telephone and email support from a named, professionally qualified adviser – someone you can ring or email directly to get answers on your employee issues. (NB; IMPORTANT – See exclusions marked *)
- Membership to our online document section giving you direct access to an array of compliant HR and employment law documents including.
- Contracts of employment
- Staff handbook
- Policies and procedures
- Compliant letters including invitations to disciplinary meetings, grievance meetings and termination of employment.
- Recruitment documents
- Appraisal/performance review documents
- “How to” guides and checklists to help you handle employee issues.
- Regular HR and employment law updates via our e-newsletter.
- Discounts for any additional work.
NB: All documents are provided as uncontrolled meaning they are examples only. Responsibility for ensuring the document fulfils the requirements of the
My HR support runs for a minimum twelve months. Payment is usually made for one year in advance and service can only be started once payment is received. If a monthly payment schedule is agreed, My HR Support is then governed by an annual rolling-contract. This means that the contract will automatically roll over from one year to the next. The agreement can be terminated (in writing) at any point during a year but the contract and service will continue for the rest of the year. The “start date” for the purposes of this calculation will be stated on the invoice (s). An example of how the termination works is:
A contract starts on January 1st ,2021 and runs for a minimum of twelve months. The contract can be cancelled at any point during 2021 (written notification can be completed by email BUT proof of a read receipt will be required), and it will automatically end on December 31st, 2021. If it is not terminated, it will automatically roll-over into 2022 and will continue for the full year regardless of whether termination is issued. The same will apply every year. This only applies to an occasion when a monthly payment schedule is agreed.
Additional work for My HR Support is anything NOT listed above. Any documents not available on the site and requested to be provided would be classed as “additional work”. Further to this, any request to alter a template document available on the website would be classed as “additional work” .Any additional documents provided which are provided free of charge (at the discretion of The People Connection) does not set a precedent and future provision may result in costs (see additional costs) Any telephone/email work related to early conciliation and/or an employment tribunal claim is classed as “additional work”. Once “additional work” has been agreed- all work (including telephone and email support) shall be classed as “additional work”. Fees for additional work under My HR Support are shown below.
Documents within the online document section or other documents provided under “additional work” are uncontrolled meaning that responsibility for checking the suitability of these before use and/or issue lies with the user and not The People Connection.
*Exclusions – telephone and email support are provided during usual office hours I.e 0900 to 1700 Monday to Friday. Telephone and email support related to “early conciliation and/or an Employment Tribunal claim are excluded: Support can be provided in such circumstances but will always be classed as “additional work”. Any meetings using Zoom, or other such media shall be excluded from the telephone and email support (classes as “meetings”) and count as “additional work”.
Ad-hoc work
Ad-hoc work will only be completed if agreed in writing (email acceptable) with The People Connection. In such an event, costs will be confirmed via the invoice and all other terms and conditions as outlined here shall apply.
Additional work and payment of additional work.
Normal/standard rate for work is £125 per hour +VAT
If “additional work” is completed, then it will be charged out at the following rates dependent upon type of HR support:
Written Service Agreement: The rates will be confirmed in the service agreement.
Basic HR Support: All additional work will be charged calculated on an hourly rate of £112.50 a discounted rate of 10% per hour plus VAT. Minimum charge is for 15 minutes for each piece of additional work (see “how additional costs are calculated” below). In the event of travel, travel time is also charged at the same rate plus .45p per mile. All other disbursements are charged at cost. All work associated with an Employment Tribunal claim shall be charged at a minimum of £125 per hour plus VAT plus travel and disbursements if applicable. The People Connection reserves the right to charge an increased rate for any work associated with an Employment Tribunal claim and/or “early conciliation” work.
Basic HR Support +: All additional work will be charged at a rate of £106.25 per hour plus VAT (a discounted rate of 15%). Minimum charge is for 15 minutes for each piece of additional work. Charges are calculated in 15 minutes slots. Travel time is also charged at the same rate plus .45p per mile. All other disbursements are charged at cost. All work associated with an Employment Tribunal claim shall be charged at a minimum of £125 per hour plus VAT plus travel and disbursements if applicable. The People Connection reserves the right to charge an increased rate for any work associated with an Employment Tribunal claim and/or “early conciliation” work.
My HR Support: Additional work shall be charged out as follows:
Additional telephone and email work NOT related to employment tribunal claims and/or early conciliation: £100 per hour plus VAT. Normal rate for non-retained clients is £125 per hour (+ VAT)
If travel is involved; travel time is calculated at £100 per hour plus VAT plus mileage of .45p per mile. Disbursements are at cost.
All work associated with an Employment Tribunal claim shall be charged at a minimum of £125 per hour plus VAT plus travel and disbursements if applicable. The costs will be agreed in advance. The People Connection reserves the right to charge an increased rate for any work associated with an Employment Tribunal claim and/or “early conciliation” work.
How additional costs are calculated:
If additional work is undertaken, every occasion is for a minimum of 15 minutes and charges are made based on a 15-minute calculation. An example being a phone call not covered by the agreement is taken and lasts for 10 minutes; this will incur a 15-minute charge. All periods are rounded up so a 25-minute piece of work will be rounded up to 30 minutes. If, on occasion (and at the discretion of The People Connection); additional work is not rounded up and, instead is calculated based upon actual minutes completed; this does not mean that all future additional work shall be calculated this way. Once additional work is commenced ALL work associated with that piece of work shall be classed as additional work. An example being: a request is made to attend a meeting to assist with a disciplinary: this is completed but there are follow up calls. These calls (even if telephone calls are normally covered under the support programme) would be classed as additional work.
Invoices for additional work are normally issued at the end of each month that the additional work is completed, and payment terms are always strictly 7 calendar days. If payment is not made within the 7 days and the additional work is normally subject to a discount (e.g., a 20% discount for additional work); this discount shall not apply and an additional invoice for the balance shall be issued. If invoices for additional work are not settled within the 7 days; The People Connection may, at its discretion, choose to put the provision of HR support “on stop” meaning that no support will be given until the outstanding invoice(s) is settled.
Other work
Other work is defined as anything not listed above. It will generally be within the “service portfolio” of The People Connection Ltd and be in the form of health and safety, training, or business development. If such work is agreed; the work may be sub-contracted to a third- party provider. Invoices may be issued by The People Connection Ltd or by the third-party provider themselves. In either case, all terms and conditions listed here will apply including all aspects of the limitation of liability term.
10.SEVERABILITY
The various provisions of these terms and conditions are severable, and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.