Here’s the boring but really important legal stuff!
To cut a long story short, what all this means is this.
Visitors to this website (i.e. YOU) agree and accept that all business which occurs as a result of your visit to this website, and/or as a result of communication by postal mail, email or telephone between YOU and US will at all times be subject to our Terms & Conditions detailed below.
But if you’d like to read all the legal stuff (and why wouldn’t you?), then here it is:
TERMS AND CONDITIONS
In these Terms and Conditions:
THC means The Handle Consultancy. Client means the person, company or organisation to which the Services of THC are provided. Services mean the Service or Services which THC provides to the Client. Party means the Client or THC. Parties mean the Client and THC. Terms and Conditions mean the Terms and Conditions set out in this document, and any other special terms and conditions agreed in writing by THC.
2. CONDITIONS APPLICABLE
2.1: These Terms and Conditions shall apply to all contracts for the supply of Services to the Client by THC to the exclusion of all other Terms and Conditions.
2.2: Any variations to these Terms and Conditions (including any special terms and conditions agreed between the Parties) shall only be applicable if agreed in writing by THC.
3. PROVISION OF SERVICES
3.1: THC agrees to carry out the assignment, project or to provide the Services as described in the Quotation which will form the basis of the Contract which exists between the Client and THC.
3.2: THC agrees to provide the agreed Services with reasonable skill and care.
3.3: THC operates to high professional standards and fully within the Code of Professional Practice established by the Institute of Leadership and Management (ILM).
3.4: The relationship between the Client and THC will at all times be strictly professional and confidential. Whilst engaged in providing Services to the Client, THC will place the Client’s interests foremost and will derive no financial benefits from the relationship other than the agreed fees and expenses. Equally, the Client will not place THC under any obligation to break any laws or Code of Professional Practice.
4. PRICE AND PAYMENT
4.1: The price or daily rate payable for the Services shall be the price or daily rate stated in the Quotation. All prices quoted are subject to VAT at the applicable rate.
4.2: If a fixed fee is agreed for the Services, invoices will be raised for the provision of the Services as outlined in the Quotation. Otherwise, invoices will be raised on completion of the Services.
4.3: All out of pocket expenditure which is necessarily incurred by THC in the provision of the Services to the Client will be invoiced to the Client at cost plus VAT. This includes daily subsistence, overnight hotel accommodation and meals, travel costs (air, sea, rail or road) and car mileage (where applicable) at 45p per mile.
4.4: Payment is due in full within 30 days of the Date of Invoice unless otherwise agreed in writing. THC reserves the right to charge interest on all outstanding invoices and overdue balances at the current Bank of England base rate plus 8% for each day the account or invoice remains unpaid.
5.1: THC will treat as confidential all information and material collected in the course of providing the Services which relates specifically to the Client. However, THC will be free to re-use information already in the public domain collected during the period of providing the Services and any information which is publicly available.
5.2: Unless the Client specifically requests otherwise in writing, THC may mention the Client’s name and type of service being provided to other potential Clients without disclosing any confidential details.
5.3: Confidentiality of the Client’s business plans, operations and activities will be maintained by THC at all times before, during and after completion of the agreed Services. Other than stated in 5.1 and 5.2 above, no information will be divulged to a third party without the Client’s prior agreement in writing. The only exception to this will be if THC is required to provide information about the Client to the Police or other official body during the course of any investigations.
6. PUBLIC LIABILITY AND EMPLOYER’S LIABILITY INSURANCE
6.1: The Client shall ensure that it complies, and that any other person providing premises at which the Services are to be carried out complies with all applicable legislation including Health and Safety, and that appropriate insurance for Public and Employer’s Liability is current and valid.
7. LIMITATION OF LIABILITY
7.1: The liability of THC to the Client for Breach of Contract or otherwise shall not exceed the total price quoted in the Quotation and agreed in writing for the Services which are to be delivered exclusively by THC on the Contract.
7.2: THC shall not be liable for any consequential or indirect loss (including without limitation lost or anticipated revenues or profits, pure economic loss and loss of business) suffered by the Client whether this loss arises from a breach of duty in contract or tort or in any other way (including loss arising from THC’s negligence).
7.3: Nothing in these Terms and Conditions shall exclude, restrict or limit the liability of either Party for death or personal injury caused by either Party’s negligence or fraud.
8. ACCEPTANCE OF QUOTATION
8.1: The Quotation to which these Terms and Conditions relates will remain valid for acceptance by the Client for a period up to and not exceeding 28 days from the date of issue of the Proposal letter or Quotation.
8.2: The date of commencement of the Services shall be subject to agreement and final confirmation at the time of acceptance by the Client of the Quotation.
8.3: The Client shall be required to confirm acceptance of the Quotation in writing before any Services shall commence or any Contract be deemed to exist between the Parties. An official Purchase Order from the Client is normally sufficient for this purpose.
8.4: Acceptance of the Quotation by the Client shall also be deemed to be full acceptance of the Terms and Conditions and will form the basis of the Contract which exists between the Client and THC.
9. TERMINATION OF CONTRACT
9.1: Either Party may terminate the Contract at any time by giving written notice of at least 4 weeks to the other Party. The Parties will then be obligated to complete the remainder of the Contract at the agreed number of days and daily rate until the end of the notice period.
9.2: If the Client terminates the Contract and does not give at least 4 weeks’ notice of termination in writing to THC, then THC shall be entitled to raise an invoice to cover the number of outstanding contracted days that should have been worked at the agreed daily rate together with any out of pocket expenses incurred.
9.3: If THC terminates the Contract and does not give at least 4 weeks’ notice of termination in writing to the Client, then THC will continue to provide and invoice the Services at the agreed daily rate together with any out of pocket expenses incurred until such time as 4 weeks’ notice have been worked.
10. VARIATION TO CONTRACT
10.1: Subject to prior agreement being reached between the Parties, the Contract may be varied at any time. This will require a revised Quotation being accepted by the Client in writing before any variations to the Contract become effective. Following such agreement, the Conditions in clause 8 will then be deemed to be applicable.
10.2: Nothing in the Contract shall exclude any liability which one Party would otherwise have to the other Party in respect of any statements made fraudulently.
11. FORCE MAJEURE
11.1: THC shall not be liable for any delay or failure to perform any of its obligations under the Contract insofar as the performance of such obligations is prevented by an event which is beyond THC’s reasonable control. However, THC shall use its reasonable endeavours to continue to perform its obligations for the duration of such force majeure event.
12.1: The Contract which exists between the Client and THC is subject to the Law of England.
12.2: All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the Courts of England.