Terms of Engagement

The following terms apply to all engagements with HR Refresh Ltd.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our website (www.hrrefresh.co.uk) or upon your first interaction with us, via phone, face-to-face or webinar.

If you do not agree to be bound by these terms and conditions, you should cease engagement with HR Refresh immediately and stop using the HR Refresh Website.

 

Governing law

Our products and services are created in accordance with the laws of England and you are required to comply with these laws. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.

Laws in other countries may differ and therefore our products and services and therefore may not be suitable. It is your responsibility to read the full product descriptions before purchase.

 

Confidentiality

Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.

We may, on occasions, subcontract work on your affairs to other professionals. The subcontractors will be bound by our client confidentiality terms.

HR Refresh Ltd reserves the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above, we will not disclose any confidential information.

In addition, we also reserve the right, for the purpose of promotional activity, to share success stories and how we’ve helped solve a problem, to use as case studies for the HR Refresh community, on the condition that we protect your identify and do not disclose names or company names.

 

Employment status

It is agreed HR Refresh Ltd and its employees are independent contractors and not employees of your business. Neither party may act as an agent for or make a commitment on behalf of the other party.

 

Quality of work

We work hard to maintain an exemplary level of service at all times. Every effort is made to ensure that the information provided on this site is accurate and up to date, but no legal responsibility is accepted for any errors, omissions or misleading statements.

If at any stage you feel that you have not received the quality of service you were expecting, please contact Mandy Hamerla.

 

Reliance on advice

We will endeavour to record all advice on important matters in writing. Advice giving orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during a meeting or telephone call) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.

 

Conflicts of interest

We will inform you if we become aware of any conflict of interest in our relationship with you and another client. Where conflicts are identified, which cannot be managed in a way that protects your interests then we reserve the right to terminate this agreement.

 

Privacy & data protection

HR Refresh is committed to protecting your privacy and your data. Please see our privacy policy for more details (http://www.hrrefresh.co.uk/privacy-policy/), including how we store and use data about our clients in accordance and compliance with United Kingdom data protection law.

 

Fees

My fees for HR documents and advice are disclosed on my website. Payments can be made online for these items or we can send you an invoice upon request.

For project work or ongoing HR Support, I will provide a quote or fixed fee for the provision of specific services or project. Unless the engagement letter says otherwise, I will require 1 months’ payment upfront and invoices will be issued around the 1st of every month. HR Refresh Ltd is not registered for VAT. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.

Unless otherwise agreed to the contrary our fees do not include costs of any third party, counsel or other professional fees.

 

Payment terms

HR Refresh Ltd reserves the right to charge a late payment fee of 10% per month on the amount outstanding. We also reserve the right to suspend our services or cease to act for you on given written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.

If you do not accept that an invoiced fee is fair and reasonable you must notify us within 7 days of receipt, failing which you will be deemed to have accepted that payment is due.

 

Time estimation

Where relevant, we will provide you, in good faith, an estimate of the time each task will take to complete. If at any point during the provision of advice and/or services for a particular request, we believe the time and/or expenses required to complete the services will be materially greater than the estimate, we will notify you in writing of the revised estimate.

 

Expenses

If I anticipate incurring any expenses with providing the Services, I will let you know and request your approval. Any expenses incurred in the course of carrying out our work for you will be added to your invoices where appropriate.

 

Period of engagement and termination

Unless otherwise agreed in our engagement letter, our work will begin when we receive a signed returned copy of the letter or from an agreed date.

In the event of termination of our contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

 

Limitation of liability

I will provide my services with reasonable care and skill. My liability to you is limited to losses, damages, costs and expenses caused by negligence or wilful default.

However, to the maximum extent permitted by law, I will not be responsible for any losses, damages, costs, expenses or penalties where you or others supply incorrect or incomplete information, or fail to supply any appropriate information or where you fail to act on my advice, instructions or respond promptly to communications from HR Refresh Ltd.

If you decide to tailor any HR/legal templates, you do so at your own risk and HR Refresh accepts no liability for the incorrect use/completion of forms or documents. We always encourage you to seek professional HR/legal advice before making changes.

HR Refresh Ltd, and any of its employees cannot be held liable for any claims or actions of your employees. And we will not be held liable for any incidental, indirect, consequential, punitive or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships.

Where any damage or loss is suffered by you which HR Refresh Ltd would be joint and several liable with any third party(ies), you agree that the extent to which that damage or loss will be recoverable by you from HR Refresh, will be in proportion to our contribution to the damage or loss and will not be increased because of your inability to recover from any third party(ies); or any limitation of liability which you have agreed with any third party(ies).

 

Limitation of liability in relation to third parties

All documents and advice that we provide to you are for your sole use and not for any third party, unless we have expressly agreed in writing that a specified third party may use our documents or rely on our advice. I will accept no responsibilities to third parties for any aspect of our professional services for work that is made available to them by you.

You agree to indemnify us and our partners, consultants and employees in respect to any claim (including, but not limited to, any claim for negligence) arising out of any unauthorised disclosure by you or by any person for whom you are responsible, of our advice and opinions, whether in writing or otherwise.

This indemnity will extend to the costs of defending any such claim, including payment at our usual rates for the time we spend defending it.

 

Insurance

It is your responsibility to ensure you have adequate insurance in place, specifically employer’s liability insurance, which protects you against the cost of compensation claims arising from employee illness or injury, sustained as a result of their work for you. HR Refresh cannot be held liable for any claims or actions of your employees.

 

Intellectual property rights

HR Refresh Ltd will retain all copyright in any document prepared by us during the course of this engagement, save where the law specifically provides otherwise.

 

Use of content

You may print, and store and use Free or Paid Content from the Website exclusively for commercial or educational purposes, unless otherwise indicated on the Website

However, you agree that you will not systematically copy Free or Paid Content from our Website with a view to compiling any form of comprehensive collection, selling, making a profit or using it for any purposes that competes with HR Refresh Ltd. compilation, directory or database under any circumstances.

 

Retention of employee documents

You have a legal responsibility to retain documents and records relevant to your employees during and after an employee leaves your company, including any documents I create. It’s recommended that personal information of employees, including contact details, appraisals and reviews be kept for at least 5 years.

You also have a legal responsibility to protect employee data. Many employee records contain sensitive information so it’s essential you ensure they are disposed of correctly, this may include the cross shredding of paper records and the secure disposable of hard drives, which should be destroyed rather than formatted.

 

Communications

I may send you HR-related information about people management, my products and/or services.  If You do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email you receive from Us.

 

Availability of services and modifications

My services are provided on a limited, “as available” basis. I give no warranty that the service or products will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

We reserve the right to alter, suspend or discontinue any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

 

Complaints

We are committed to providing you with a top-quality service. However, should there be any cause for complaint please contact Mandy Hamerla. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right.