Employmentor’s Terms and Conditions of Subscription

1. Definitions

1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:

Acceptance Letter confirmation from Employmentor in writing (including without limitation by email) that the Subscriber’s Order Form has been accepted and to include where appropriate the Subscriber’s password to the Website accessible immediately

Conditions the terms and conditions of Subscription as set out in this document and any special terms and conditions as agreed in writing between Employmentor and the Subscriber

Contract the contract for the provision to the Subscriber of Subscription to the Services

Employmentor is a trading name of Leathes Prior Solicitors, 74 The Close, Norwich, Norfolk NR1 4DR established for the purpose of providing the Services

Excluded Services for all subscriptions taking effect after 1 April 2014, to include without limitation (and always at the absolute discretion of Employmentor) instructions from the Subscriber in relation to any redundancy exercise, TUPE transfer, to draft bespoke documents, to attend meetings, or to defend Employment Tribunal proceedings.

Helpline via telephone on 01603 281139 or via email on email hidden; JavaScript is required

Order Form to be completed by or on behalf of the Subscriber requesting Subscription to the Services. The Order Form is downloadable from the Website

Services unlimited access to the Website and unlimited use of the Helpline on matters relating to generic advice on any employment law issue or human resources query the Subscriber may have relating always to the Subscriber’s own organisation. Services are not available to Subscribers acting as advisers to third parties

Subscriber the entity which or individual who has accepted these Conditions and subscribed to the Services

Subscription Period twelve (12) month period for which the Subscriber subscribes commencing on and including the date of issue of the Acceptance Letter and expiring on the anniversary of the date of issue of the Acceptance Letter

Subscription any subscription on payment of the fee detailed in the Order Form as submitted by the Subscriber and accepted by Employmentor for the provision of Services pursuant to these Conditions for the Subscription Period

Website www.employmentor.co.uk

1.2 Words in the singular include the plural meaning and words in the plural include the singular meaning. Use of any gender includes the other genders

1.3 Headings are for reference only and do not affect the meaning or interpretation of these Conditions

1.4 References to any act regulation code of practice or statutory order shall be interpreted so as to include any change re-enactment or extension of the act regulation code of practice or statutory order

1.5 Any reference to “persons” includes natural persons firms partnerships companies corporations associations organisations governments states foundations and trusts (in each case whether or not having separate legal personality)

2. Conditions applicable

2.1 These Conditions shall apply to any Contract with the Subscriber to the exclusion of all other terms and conditions including any terms or conditions which the Subscriber may purport to apply under any other document

2.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Employmentor. Any representations made by Employmentor’s employees or agents concerning the Subscriptions shall not be incorporated into the Contract unless confirmed by Employmentor in writing and in entering into the Contract the Subscriber acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed

2.3 All completed Order Forms for Subscriptions shall be deemed to be an offer by the Subscriber to purchase a Subscription pursuant to these Conditions.

3. Basis of contract

3.1 These Terms shall apply to the sale by Employmentor of the Subscription purchased by the Subscriber via the Order Form and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Subscriber

3.2 When the Subscriber completes and sends the Order Form to Employmentor the Subscriber is making an offer to take out a Subscription which if accepted by Employmentor in accordance with these Conditions will result in a binding Contract. Employmentor reserves the right to refuse to accept any Order Forms at its complete discretion

3.3 Acceptance of the Order Form by Employmentor and completion of the Contract shall take place on the date of Employmentor’s Acceptance Letter

3.4 Any date quoted for delivery of any Subscription is approximate only and

(a) Employmentor shall not be liable for any loss suffered by the Subscriber arising from any delay in the delivery of any Acceptance Letter

(b) the Subscriber agrees that it shall not be entitled to terminate the Contract by reason of Employmentor’s failure to deliver by any date quoted for delivery

3.5 Employmentor’s liability if any to the Subscriber in the event of the Acceptance Letter being lost in the post shall be limited to the replacement of the missing Acceptance Letter

3.6 Employmentor will at its absolute discretion communicate with its Subscribers through one or both of email and/or by post at the corresponding addresses provided by the Subscriber. It is the Subscriber’s responsibility to ensure that Employmentor is informed of any changes in the Subscriber’s postal address and email address

3.7 Website material provides generic and general information on employment law only. Employmentor does not warrant or guarantee or otherwise represent that the generic information and advice given on the Website will always apply to or be the most suitable for a particular situation. Employmentor always advises that specific advice from the Helpline is sought whenever the Subscriber has any doubt as to the applicability or suitability of the Website’s material to their specific situation

3.8 To enable Employmentor to provide its Services and give accurate advice, Subscribers agree to provide (and hereby warrant that they have provided) full and accurate information and/or documents that are true correct and complete to the best of the Subscriber’s knowledge. Employmentor will rely on the information and/or documents provided to it by its Subscribers as being true correct and complete. Subscribers agree to respond quickly and fully to any requests (written or otherwise) that Employmentor may make and/or send for the provision of additional information and/or documents

3.9 Employmentor’s Services and advice are provided solely for the benefit of the Subscriber who has accepted these Conditions and subscribed to the Services. Where the Subscriber is a Franchisor (unless agreed otherwise agreed in advance and in writing by Employmentor) Employmentor’s Services are only available to the employees of the Franchisor and not to any Franchisee and/or their staff

4. Price and Payment

4.1 The price payable by the Subscriber for the Subscription is as detailed on the Order Form and on the Website at the time when the Order Form is received by Employmentor subject always to clause 4.3 below

4.2 Subject to any special terms agreed in writing between Employmentor and the Subscriber and unless otherwise specified in the Acceptance Letter payment for Subscriptions is due in full within 30 days of receipt an invoice (“the Due Date”).

4.3 If for any reason Employmentor sends the Subscriber an Acceptance Letter in accordance with the Subscriber’s Subscription and the Subscriber fails to make payment on the Due Date then without prejudice to any other right or remedy available to Employmentor it shall be entitled to:-

(a) cancel the Contract and/or suspend the Services to the Subscriber and/or

(b) charge the Subscriber interest (before and after any judgment) on the amount unpaid at the rate of 4% per annum above The Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest) or

(c) charge the Subscriber interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998

4.4 Employmentor reserves the right to increase or decrease the price of Subscription. Any increase or decrease in Subscription price will only apply to a Subscriber at the expiration of the Subscription Period and in the event that the Subscriber wishes to renew

4.5 Employmentor reserves the right to increase or decrease the price of Subscription if there has been a substantial increase in the Subscribers staff numbers (i.e. 25% or more)

4.6 All and any prices for Subscriptions are exclusive of VAT

4.7 The price shall always be payable by the Subscriber to Employmentor in Pounds Sterling

4.8 The Subscription price is not refundable either in whole or in part

5. The Website

5.1 The Subscriber acknowledges and accepts that access to the Website under these Conditions is also subject to and governed by the terms of Employmentor’s respective Website Terms and Conditions of Use and Privacy Policy. To the extent that any conflict arises between these Conditions and Employmentor’s Website Terms and Conditions of Use then these Conditions shall prevail

5.2 All content on the Website relates to employment law in England and Wales. The Website is not intended for a Subscriber whose organisation is based in another jurisdiction

5.3 New content will be added to the Website from time to time and existing material amended updated and occasionally deleted for example if the content is rendered redundant by changes in legislation

5.4 Subscribers will be provided with a user name and password to allow unlimited access to the Website. Subscribers agree to keep these confidential and not to allow any other organisation or entity to use them to access the Website unless specifically authorised by Employmentor. If Employmentor has reason to suspect that the Subscriber is itself acting in or procuring another’s breach of this clause 5.4 then without prejudice to any other right or remedy available to Employmentor it shall be entitled to immediately cancel the Contract and/or suspend the Services to the Subscriber

5.5 Employmentor will always try to ensure that all material on the Website is as accurate and valid as it can make it. However Subscribers should note that the content of the Website is for general information only and consequently Employmentor cannot guarantee that the information and advice given on the Website will always apply to a specific situation or that the documents or forms provided will always be the most applicable and/or suitable for a particular situation. The use Subscribers make of the content of the Website is the Subscriber’s responsibility and Employmentor does not accept liability for (and the Subscriber hereby agrees to indemnify and hold harmless Employmentor against any third party loss damage or otherwise arising from) any problems or liability resulting from the Subscriber’s use of the Website

5.6 It is the Subscriber’s responsibility to ensure that the Subscriber’s computer equipment and software are capable of receiving and using the Website. Employmentor shall not be held responsible for any problems the Subscriber may encounter using the Website

5.7 Due to the nature of interactive Internet services Employmentor cannot guarantee that the Subscriber’s use of the Website will be free from interruption or errors. The Subscriber accepts that its Subscription to the Service is only on an “as is” basis. In the event that an error is detected the Subscriber should contact Employmentor who will (but without obligation or guarantee) make every effort to correct the error as expeditiously as possible

6. The Helpline

The telephone helpline will be manned during normal office hours of 9.00 am to 5.30 pm. In the event that a Subscriber’s call is not able to be answered immediately then a voicemail service will be provided so that a member of Employmentor’s team may get back to the Subscriber as soon as possible. Alternatively and often preferably emails will be checked during these normal office hours and can usually be received from Subscribers unless Employmentor’s ability to receive email is unavailable from time to time for any reason. Due to the nature of email services Employmentor does not guarantee that its ability to send or receive emails will be free from interruption or errors

7. Excluded Services

7.1 In the event that the Subscriber chooses to instruct Employmentor to conduct Excluded Services the terms and conditions of those instructions are set out in Leathes Priors Solicitor’s client care guide which can be downloaded from www.leathesprior.co.uk

7.2 Should the Subscriber’s instructions fall within the definition of Excluded Services Employmentor will always obtain prior authorisation from the Subscriber before any additional charges are incurred in undertaking these Excluded Services

7.3 Excluded Services will be charged to the Subscriber at Leathes Prior Solicitor’s reduced hourly rates determined always at the outset of the instructions

7.4 As Leathes Prior Solicitors is a solicitors firm in England and Wales it is regulated by The Solicitors Regulation Authority (“SRA”) and bound by the SRA’s rules which can be viewed online at www.guide.lawsociety.org.uk

8. Contract Cancellation and/or Expiry

8.1 From and including the date on which Employmentor issues an Acceptance Letter to the Subscriber the Subscriber shall have no right to cancel the Contract and shall have no right to receive a refund. The Subscriber shall continue to receive access to the Services until the end of the Subscription Period

8.2 As the Subscriber’s Subscription Period is nearing its expiration Employmentor will write (including without limitation by email) to its Subscribers informing them of the price payable for the next Subscription Period giving them the opportunity to renew their Subscriptions by paying the subscription fee quoted. If this subscription fee is not paid within 14 days of the expiry of the Subscriber’s Subscription Period then the Subscriber’s access to the Services will be terminated

8.3 In accordance with clause 2 above on expiry of the Subscription Period Employmentor shall not be obliged to supply the Subscriber with any further Subscriptions unless:-

(a) The Subscriber places a repeat Order Form for a fresh Subscription Period

(b) Employmentor sends the Subscriber a renewal Acceptance Letter and

(c) Payment for the Subscription is received in accordance with these Conditions

8.4 In the event that a previous Subscriber wishes to use the Services after the Subscription has been terminated the previous Subscriber will need to re-subscribe as a new Subscriber

8.5 Subscribers agree to use the Services responsibly and in good faith and acknowledge that without prejudice to any other right or remedy available to Employmentor it shall be entitled to cancel the Contract or suspend any further subscriptions without any liability on Employmentor’s part to the Subscriber in the event that

(a) The Subscriber’s Subscription fee is not paid in accordance with clause 4 above

(b) A Subscriber allows unauthorised people or organisations to use the Subscriber’s personal password and user-name to access the Website

(c) A Subscriber copies or otherwise reproduces material from the Website for the use of non-Subscribers particularly if the Subscriber publishes this material for payment and/or if it results in misleading derogatory or inaccurate representation of Employmentor’s material

(d) The Subscriber uses the Helpline excessively vexatiously and/or unreasonably

(e) The Subscriber is adjudged by Employmentor to be in breach of clause 5.4 above

(f) The Subscriber makes any voluntary arrangement with its creditors or a notice of intention to appoint an administrator is given by the Subscriber or its directors or by a qualifying charge holder (as defined in paragraph 14 of Schedule B1 to the insolvency Act 1986) or (being an individual or a firm) the Subscriber becomes bankrupt or goes into liquidation;

(g) An encumbrancer takes possession or a receiver is appointed of any of the Subscriber’s property or assets

(h) the Subscriber ceases or threatens to cease to carry on business

(i) the Subscriber breaches any of these Conditions

(j) Employmentor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Subscriber and notifies the Subscriber accordingly

9. Warranties and Liability

9.1 Employmentor will provide its Services with reasonable care and skill. Employmentor will not be liable for

(a) any losses (whether foreseeable or otherwise) arising from the supply by the Subscriber of incorrect or incomplete information (see clause 3.8 above)

(b) the Subscriber’s failure to supply appropriate information (see clause 3.8 above)

(c) the Subscriber’s failure to act on Employmentor’s advice

(d) the Subscriber’s failure to respond promptly to communications sent by Employmentor or other relevant authorities

9.2 The Subscriber agrees to hold harmless and indemnify Employmentor against any misrepresentation whether intentional or unintentional supplied to Employmentor orally or in writing in connection with the Contract. It is hereby agreed that the Subscriber will not bring any claim in connection with the Services provided by Employmentor against any of Employmentor’s employees on a personal basis.

9.3 Employmentor does not undertake to discover (or to in any way endeavour to discover) any shortcomings in the Subscriber’s (including without limitation information technology) systems or (without prejudice to Employmentor’s rights set out in clause 5.4 above) any irregularities on the part of the Subscriber’s employees agents or otherwise although Employmentor will advise its Subscribers of any such circumstances that it encounters when providing advice and Services

9.4 The Subscriptions are directed solely at those who access the Website and utilise the Helpline from the United Kingdom. Employmentor makes no representation that any Subscription is appropriate for use or available in other locations. Furthermore any Subscriber accessing the Website from locations outside of the United Kingdom is responsible for compliance with local laws if and to the extent local laws are applicable

9.5 Nothing in these Conditions excludes or limits the liability of Employmentor for death or personal injury caused by the negligence of Employmentor or any other liability which may not otherwise be limited or excluded under applicable law

9.6 To fullest extent permitted under applicable law any indemnities, warranties, terms and conditions (express or implied) are hereby excluded

9.7 Subject to clause 9.2 above, Employmentor shall not be liable in contract tort (including limitation negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any

(a) economic losses (including without limitation loss of revenues data profits contracts business or anticipated savings)

(b) loss of goodwill or reputation

(c) special or indirect losses

suffered or incurred by that party arising out of or in connection with the provision of any matter under these Conditions

9.8 Any typographical clerical or other error or omission in any information contained in any sales literature quotation price list Acceptance Letter Website material or other documentation issued by Employmentor shall be subject to correction without any liability on Employmentor’s part

10. Licence and Intellectual Property Rights

10.1 The Subscriber is permitted to copy or print extracts from the Website for the Subscriber’s own non-commercial use provided always that Employmentor’s copyright and trade mark notices appear on all copies

10.2 Unless otherwise stated the copyright and other intellectual property rights in all material contained on the Website (including without limitation photographs and graphical images) are owned by Employmentor or its licensors. For the purposes of this legal notice any use of extracts from the Website other than in accordance with clause 10.1 above for any purpose (including without limitation any commercial purpose with or without a view to profit) is prohibited. If the Subscriber breaches any of the terms in this legal notice the Subscriber’s Subscription will automatically terminate and the Subscriber must immediately destroy or (at Employmentor’s discretion) immediately return to Employmentor at the Subscriber’s cost any copied or printed extracts

10.3 Any rights not expressly granted in these terms are reserved to Employmentor

11. Data Protection

11.1 Subscribers consent to Employmentor keeping and using personal information provided by the Subscriber for its own purposes for example contacting Subscribers (including without limitation by email) with details of information which Employmentor believes may be of interest to the Subscriber.

11.2 Save as for clause 11.3 below Employmentor will not disclose any information it holds about its Subscribers to any organisation outside Employmentor or Leathes Prior Solicitors without the Subscriber’s consent unless it is obliged to do so by law

11.3 In the event that a Subscriber instructs Employmentor to conduct any Excluded Services on behalf of the Subscriber then the Subscriber will therefore be authorising Employmentor to disclose any relevant information about the Subscriber if this is required by or is a normal consequence of the work Employmentor has been instructed to conduct

11.4 Under the Data Protection Act 1998 (the “1998 Act”) Subscribers may request details of personal data (as defined by the 1998 Act) Employmentor holds about its Subscribers. Subscribers should send such requests to the address detailed at clause 14 below. Employmentor is entitled to charge the Subscriber an administration fee for this not exceeding £10.00 at Employmentor’s complete discretion.

11.5 It is the Subscriber’s duty to keep Employmentor informed of any changes to personal details. In the event that a Subscriber believes that any information being held by Employmentor is incorrect or incomplete then the Subscriber should inform Employmentor as soon as possible in order that Employmentor may amend its records.

11.6 To the extent that any conflict arises between these Conditions and Employmentor’s Privacy Policy then these Conditions shall prevail

12. Employmentor’s Right To Vary These Conditions:

12.1 Employmentor has the right to revise and amend these Conditions from time to time

12.2 The Subscriber will be subject to the policies and conditions in force at the time that the Subscriber’s Order Form is received by Employmentor unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Subscriber) or if Employmentor notifies the Subscriber of the change to those policies or these Conditions before Employmentor sends the Subscriber the Acceptance Letter in which case Employmentor has the right to assume that the Subscriber has accepted the change to the Conditions miscellaneous

13. Miscellaneous Provisions

13.1 Employmentor may perform any of its obligations or exercise any of its rights hereunder itself or through its employees agents sub-contractors or suppliers

13.2 No waiver by Employmentor of any breach of the Contract by the Subscriber shall be considered as a waiver of any subsequent breach of the same or other provision

13.3 No failure by Employmentor to exercise any power given to Employmentor or to insist upon the strict compliance by the Subscriber with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of Employmentor’s rights under the Contract

13.4 If any provision(s) of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby

13.5 Any notice given hereunder must be given in writing and delivered or sent by at least one of post or facsimile transmission or electronic mail to the residence or principal place of business or current and valid e-mail address of the party to whom it is addressed

13.6 These Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999)

13.7 The Contract shall be governed by the Laws of England and subject to the non-exclusive jurisdiction of the Courts of England and Wales

13.8 Employmentor shall be under no liability for any delay or failure to deliver Subscriptions or otherwise perform any Services or obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by any circumstances beyond its reasonable control

13.9 These Conditions including the documents or other sources referred to in these Conditions supersede all prior representations undertakings and agreements between the Subscriber and Employmentor relating to the use of the Services (including the ordering of Subscriptions) and sets forth the entire agreement and understanding between the Subscriber and Employmentor

14. Employmentor’s contact details

14.1 If the Subscriber has any questions about Subscriptions and/or these Conditions and/or the Website and/or the Employmentor’s Services generally please contact Employmentor by

(a) e-mailing the Helpline on email hidden; JavaScript is required

(b) calling the Helpline on 01603 281139

(c) writing to the Helpline at Employmentor 74 The Close Norwich Norfolk NR1 4DR ©2014 Employmentor. All rights reserved

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Employmentor’s Website Terms of Use

Terms and conditions for users of the Employmentor website accessible via www.employmentor.co.uk (“Website”)

Use of this Website constitutes acceptance by you of the following terms and conditions of use. If you do not agree to these terms, please do not use the Website. The Website is owned and operated by Leathes Prior Solicitors of 74 The Close, Norwich, Norfolk, NR1 4DR. Employmentor is a trading style of Leathes Prior Solicitors.

1. Contacting Us You can contact us about this Website at Employmentor, Leathes Prior, 74 The Close, Norwich, Norfolk, NR1 4DR. Alternatively please email us at email hidden; JavaScript is required or alternatively call the Helpline on 01603 281109.
2. Service We provide the information on this Website for general guidance only and for use within England and Wales. You should not rely upon the information without our detailed legal advice on your specific circumstances.
3. Changes to service We reserve the right to improve, amend, or suspend the service provided on the Website at any time without notice to you.
4. Links

4.1 We cannot guarantee any links to third party websites nor can we provide any guarantees or accept any liability in respect of the content on such websites.

4.2 If you would like to provide links to our homepage, www.employmentor.co.uk, please contact us first to obtain our written consent.

5. Intellectual property

5.1 This Website is owned and operated by Leathes Prior Solicitors and the information and materials appearing on this Website (“the Content”) are displayed for personal, non-commercial use only. All software used on this Website and all Content included on this Website (including site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or the property of our suppliers and is protected by international copyright laws.

5.2 None of the content of this Website may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without our prior written consent although you may download one copy of extracts from this Website on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

6. Internet security The Internet is not a secure medium and we cannot provide guarantees as to the reliability or security of this Website, or that it will be continuously available, error or virus free.
7. Privacy The terms of our Privacy Policy form part of these Website Terms of Use.
8. Exclusion of liability

8.1 Whilst we endeavour to ensure that the information on this Website is correct, to the maximum extent permitted by law, we provide you with this Website on an ‘as is’ basis only. You accept that access to this Website may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

8.2 Nothing in this terms exclude or limit our liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded or limited under applicable law.

9. Regulation

As a firm of solicitors we are regulated by the Law Society of England and Wales in the conduct of our business. You can access the professional rules of the Law Society at www.lawsociety.co.uk.

9. VAT

We are registered in the UK for VAT under number 104911405.

9. Law and jurisdiction

English Law shall apply to these terms and the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with them.

9. How to contact us

Employmentor Helpline, Leathes Prior Solicitors, 74 The Close, Norwich, Norfolk, NR1 4DR. Employmentor is a trading style of Leathes Prior Solicitors; email hidden; JavaScript is required

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