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TERMS OF BUSINESS - Consultancy

TERMS OF BUSINESS - Training

TERMS OF BUSINESS - Consultancy

1. CONTRACT
We offer our services subject to the following terms.
1.1. No amendment to these terms of business may be made unless expressly accepted by us in writing.

2. FEES
2.1. All fees are quoted exclusive of VAT.
2.2. Fees are normally quoted on a project basis, however where fees are quoted on a time spent basis:
2.2.1. daily rates are calculated on the basis of a 71/2 hour working day and we charge for any additional time as a proportion of the daily rate;
2.2.2. we are entitled to charge for the travelling time of our consultants to and from your premises and for time spent at our premises or elsewhere which is specifically related to your affairs;
2.2.3. statements as to total work time involved providing our services are estimates only, while every effort is made to ensure accuracy, you shall remain fully liable for fees resulting from any time or work overruns;
2.2.4. without prejudice to Section 2.2.3, if circumstances arise which make it clear that we have materially underestimated the total work time involved, then we shall give you a new estimate as soon as possible.
2.3. Fees are quoted in accordance with our current scale of charges.

3. EXPENSES AND OFFICE SERVICES
3.1. You shall reimburse us all out-of-pocket expenses which may be incurred in connection with our services including travel, subsistence and the cost of providing specialist support staff.
3.2. Where work is carried out at your premises, you shall provide us free of charge with such office accommodation, telephone and basic secretarial support as we consider necessary to provide our services.
3.3. An administration fee shall be charged to cover incidental arrangement costs for events or training courses. You shall be notified of this fee prior to the commencement of any course.

4. PAYMENT
4.1. We shall submit itemised invoices at agreed intervals in respect of our fees and expenses for the previous month. VAT, where applicable, shall be shown separately.
4.2. Payment is due within 21 days of date of invoice.
4.3. Time for payment is of the essence. We reserve the right to charge interest at the rate of 5% above Barclays Bank plc's base rate for the time being in force on accounts overdue by more than 21 days. Such interest will be calculated on a daily basis from the date of invoice.
4.4. We reserve the right to suspend work if any payment due from you under a contract between us is more than 21 days overdue. We are not liable for any loss or damage of any kind resulting from such suspension.
4.5. You have the right of set off, statutory or otherwise.

5. TERMINATION
5.1. You may terminate this contract or cancel any arranged (i.e. where the dates have been agreed with you in writing) events or training courses, provided eight weeks' notice is given, subject to your paying Blue Apple 50% of the agreed fee for these cancelled elements. In cases of termination, the agreed fee will be the total project price less billings to date. For work cancelled with less than eight weeks' notice, full outstanding fees will be payable.
5.2. We may terminate this contract if you:
5.2.1. make any voluntary arrangement with your creditors or become subject to an administration order;
5.2.2. have a receiver or administrative receiver appointed over any of your property;
5.2.3. go into liquidation or become bankrupt; or
5.2.4. cease, or threaten to cease, to carry on business.
5.3. Termination of this contract shall be without prejudice to the rights and obligations of the parties as at the date of termination.6.

CONFIDENTIALITY
6.1. We shall at all times keep secret confidential information acquired from you or which relates to the provision of our services.
6.2. This obligation shall not extend to any such information or documents which were rightfully in our possession prior to the commencement of our services, which are already public knowledge or become so at a future date (otherwise than through our unauthorised disclosure) or which are trivial or obvious.
6.3. You shall not disclose any advice or other information which could be construed as intellectual property provided by us pursuant to this contract to any other person, without our prior written consent (such consent not to be unreasonably withheld).7. INTELLECTUAL PROPERTY RIGHTS
All copyright and other intellectual property rights in any materials developed, written or prepared by us in the course of performing our services remain vested in us unless our consent is given. Otherwise we normally give our consent as a matter of course for all work developed by us a part of billable work for you.

8. LIABILITY
8.1. We are not liable for any consequential or indirect loss suffered by you, whether it arises from breach of a duty in contract, tort or in any other way including negligence. Non-exhaustive illustrations on consequential or indirect loss would be loss of profits; loss of contracts; loss of goodwill; liability to third parties.
8.2. Our total liability for any one claim or for the total of all claims arising from any one act or default (whether arising from our negligence or otherwise) shall not exceed the value of our fees for providing our services.
8.3. Any dates mentioned for delivery and completion of our services are given as a guide. They are necessarily dependent on receipt of information, resources and input from the client.
8.4. Nothing in this Section is deemed to exclude or restrict our liability to you for death or personal injury resulting from our negligence.
8.5. The express terms of this contract are in lieu of any warranties and conditions implied by statute, all of which are excluded to the fullest extent permitted by law.
8.6. You shall be liable for all third party services we procure on your instruction and on your behalf. We shall notify you in writing of all such procurement within 14 days.9. INDEMNITY
You shall indemnify us against any loss, damage, costs and expenses of any kind incurred by us in respect of any claim arising out of the performance of this contract brought against us by a third party for loss, injury or damage resulting from:
9.1. any negligent act or omission, wilful misconduct or breach of statutory duty by you, your employees, agents or subcontractors; and
9.2. any act carried out by us, which you expressly authorised or ratified.

10. APPOINTMENT OF SUBCONTRACTORS
10.1. We are entitled with your specific prior approval to sub-contract such work as we deem necessary.
10.2. At your request, we shall ensure that any subcontractor signs a confidentiality undertaking in your favour.

11. FORCE MAJEURE
Neither party shall be liable to the other for any failure or delay in the performance of its obligations caused by circumstances beyond its control which would include act of God, war, riot, sabotage, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, government action or regulations, delay by suppliers, accidents, and shortage of materials or labour.

12. WAIVER
Waiver by either party of a breach of any provision of this contract shall not be considered as a waiver of any subsequent breach of the same or any other provision.

13. NOTICES
Any notice given by either party to the other shall be in writing addressed to that other party at its registered office or principal place of business.

14. PROPER LAW
English and Welsh law apply to this contract and any dispute arising in connection with it is subject to the exclusive jurisdiction of the English and Welsh courts.

TERMS OF BUSINESS - Training

1. STANDARDS
These terms and conditions form the legal and binding contract between Blue Apple HR Solutions Ltd and the person, business or other organisation (the client) that coincide with a booking of a service. Receipt of any booking form will be confirmed by issuing an invoice. Unconfirmed bookings are not guaranteed. Verbal and telephone provisional bookings will be held for up to 7 working days.
1.1. The client is advised that under no circumstances does Blue Apple HR Solutions Ltd, receive any nominal contribution or charge any of the identified supplier(s), trainer(s), consultant(s) and/or contributor(s) that are invited to tender, or engaged for their expertise by Blue Apple HR Solutions Ltd. The only fee that Blue Apple HR Solutions Ltd receives is for the service it provides to the client directly.
1.2. The client is advised that Blue Apple HR Solutions Ltd will endeavour to make the client aware of the fee structures being proposed by each ‘contributor’ to the client’s project. Only with the client’s agreement will those supplier(s), trainer(s), consultant(s) and/or contributor(s) be engaged.

2. CANCELLATIONS/REFUNDS POLICY
It is not our policy to give refunds for cancellations, except in special circumstances and at the discretion of Blue Apple HR Solutions Ltd. Notice of cancellation must be received by Blue Apple HR Solutions Ltd not less than fourteen days before the service item date. If a refund is granted, it will be made less 15% of total service fee which is paid at time of booking. A full refund is deemed to be 95% of the total original fee and is made only with at least 30 days notice. A ‘Transfer’ of a booking maybe made to another service item or agreed date, subject to availability and at the discretion of Blue Apple HR Solutions Ltd, however an administration fee of 10% will be charged for alterations.

3. INTERRUPTION OF SERVICE
Blue Apple HR Solutions Ltd reserves the right to cancel a service item at anytime. If an item is cancelled any moneys for that item, which have been received by Blue Apple HR Solutions Ltd from the client will be repaid in full within ten days of the date of cancellation. Please note that Blue Apple HR Solutions Ltd will endeavour to continue with any item where possible.
3.1. Blue Apple HR Solutions Ltd may change the location of a service item arranged with the client. If this becomes necessary, Blue Apple HR Solutions Ltd will make all reasonable efforts to inform the client of any change of location as soon as possible.
3.2. Blue Apple HR Solutions Ltd reserves the right to find alternative suppliers, trainers, consultants and/or contributor, in the event of accident, sickness, unforeseen circumstances, and any other issue arising, to ensure that continuity of service is maintained and objectives achieved.

4. PAYMENT TERMS
The client agrees to pay Blue Apple HR Solutions Ltd the full fees for the service item at least seven working days before the commencement date of any agreed service. A booking confirmation fee of 15% of the total service fee agreed will be chargeable at time of booking. Payments are required by cheque or bank transfer, made payable to Blue Apple HR Solutions Ltd. All fees are subject to VAT unless otherwise stated.

5. CHANGES TO TERMS
Blue Apple HR Solutions Ltd reserves the right to amend these terms and conditions without notice.

6. NOTIFICATION OF DELEGATE NEEDS
Blue Apple HR Solutions Ltd asks to be made aware of dietary needs or access requirements at least fourteen days in advance of the service item that includes the provision of refreshments where applicable.

7. LIABILITY
Blue Apple HR Solutions Ltd cannot accept liability for items lost, stolen or damage whilst attending third party venues.
The Client undertakes an agreement to abide by the Health & Safety Regulations of the venue or locations being provided.

8. CUSTOMER SERVICE SATISFACTION
If within 6 calendar months of undertaking any service item with Blue Apple HR Solutions Ltd and supplier(s), trainer(s), consultant(s) and/or contributor(s), the client is not entirely satisfied with the service and ‘measurable benefit’ within the business, Blue Apple HR Solutions Ltd and the suppliers, trainers, consultants and/or contributor, will refund 30% of the total cost, less direct venue and location expenses. This will only be granted following a full investigation and reporting on the area highlighted as a non-achieving issue.
We offer our services subject to the following terms.
No amendment to these terms of business may be made unless expressly accepted by us in writing. All reference materials and equipment provided for use throughout the service agreement is and shall remain the sole properly and copyright of Blue Apple HR Solutions Ltd.