Standard Terms & Conditions
Standard Terms and Conditions of Business
1. Interpretation (i)
In these conditions: –
“the Company” means J Mann Associates Ltd
“the Client” means the person or company with whom the Company is contracted to provide the Services
“Client Information” means all information (including without limitation know-how technical data and information whether in written graphic or oral form or in the form of samples or materials) disclosed by the Client to the Company in connection with the provision of the Services and all information and Intellectual Property created identified isolated or developed by the Company in the provision of the services.
“The Services” means the provision of employment contracts and HR policies/HR Advice to be provided by the Company
“Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing between the Company and the Client “Force Majeure” means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster, act of warfare or insurrection, damage to property by or under the Order of any Government or Public or Local Authority or imposition of any Government Sanction, embargo or similar action, Judgment, Order, Decree, Embargo, Blockade, Labour Dispute including but not limited to strike, lock-out or boycott, interruption or failure of service including but not limited to electric, power, gas, water or telephone service and/or Network
The terms and conditions of business will remain the same if the client wishes to use our services again. New terms and conditions will not be sent unless a specific project is required.
“Intellectual Property” means all patent or letters patent claims in patent trade marks service marks registered designs copyright design right inventions and any similar rights
(ii) In these Conditions the masculine gender shall include the feminine and neuter genders and vice versa and the singular shall include the plural and vice versa.
(iii) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Recital
(i) The Company will provide the Services to the Client for such sum as maybe agreed between them
3. The Company’s Obligations
(i) The Company will provide the Services to the Client at such time and place within the UK as may reasonably be required by the client but at the Company’s reasonable convenience;
(ii) The Company will not cause or permit anything which may damage or endanger the Client Information or Intellectual Property or assist or allow other to do so;
(iii) The Company will provide the Services with reasonable care and skill and faith but shall not be liable to the Client for any loss or damage suffered or liabilities howsoever arising out of the provision of the Services save where arising directly due to the gross negligence of the Company but in any event the Company shall not be liable in any manner whatsoever to the Client or any third party for any loss damage or liability arising as a result of the interpretation or implementation of the Services by the Client or a third party.
4. The Client’s Obligations
(i) The Client shall make available to the Company such of the Client Information as the Company may require for the proper performance of the Services;
(ii) The Client shall make its members of staff servants and/or agents available to the Company to provide such information as the Company may require for the proper performance of the Services.
5. Payment Terms
(i) Any sum due to the Company for the provision of the Services shall be payable prior to the delivery of the Company’s services via direct debit.
6. Consultancy Information and Data
Notwithstanding anything else set out in these conditions the intellectual property and copyright in respect of any electronic and written information and data prepared by the Company during the provision of the Services shall remain vested in the Company absolutely.
7. Force Majeure
Neither the Company nor any of its employees, agents or subcontractors shall be considered in breach of contract or to be under any liability whatsoever to the Customer for the non-performance, part-performance, defective performance or delay in performance of any obligation performed or to be performed by the Company, its employees, agents or sub-contractors under the Contract which is directly or indirectly caused or is as a result of an event of Force Majeure and the dates and time scales (if any) directly agreed between the parties/or the performance of the Services shall be extended by a fair and reasonable period of time which is sufficient to enable the Company to perform or re-perform the relevant contractual obligation.
8. VAT
(i) All sums payable to the Company unless otherwise stated are subject to VAT.
9. Termination
(i) The Company shall be entitled to terminate all contracts between the company and the Client in the event of:
(i) failure on the part of the Client to make punctual payment of all sums due to the Company;
(ii) failure on the part of the client to perform its obligations as set out herein;
(iii) the appointment of a receiver administrator administrative receiver or trustee in bankruptcy of the Client’s property or any assets or any part of them or if a Court Order is made or a resolution passed for the winding up of the Client or if the Client commits an act of bankruptcy or any bankruptcy petition is presented against the Client.
10. Assignment
Any contract made between the Client and the Company is personal to the Client and may not be assigned to any third party without the formal written consent of the Company which consent shall be absolute discretion of the Company.
11. Notices
Any notices to be given hereunder shall be sent by first class mail or facsimile transmission to the last known address of the relevant party.
12. Exclusion of Waiver
In no event shall any delay, failure or omission on the part of either of the parties in enforcing, exercising or pursuing any right, power, privilege, claim or remedy arising under this Contract be deemed to be or construed as:
(i) a waiver thereof of any such right, power, privilege, claim or remedy or
(ii) operate so as to bar the enforcement or exercise of any such right, power, privilege, claim or remedy in any other instance at any time or times thereafter.
Please read our privacy policy.
