All agreements for services offered by Embrace HR ("Embrace HR (Consultancy) Ltd") are accepted subject to the conditions that shall form part of and govern the contract of sale and/or service provision.
If you instruct us to act for you, and we accept those instructions, we will issue you with our Terms & Conditions of Engagement, Letter of Engagement, or our Consultancy Agreement, depending on the nature of the agreement between us. These documents should be read in conjunction with our Schedule of Services, where issued. In using our services, it is assumed that you are of the opinion we have the necessary qualifications, experience and abilities to provide the agreed consultancy services to you. We reserve the right to refuse work without detriment to us.
Unless we are advised to the contrary, we will assume that we are authorised to accept instructions from any person whom we reasonably believe to have authority to give instructions to us on behalf of the client. We will and can act on instructions given verbally, in writing, or via electronic communication.
We will provide the services and supporting materials in accordance with your instructions. We will deliver the services and supporting materials to the best of our abilities with all reasonable care and skill of an appropriately qualified professional consultant, and in full compliance with relevant established professional standards.
You are responsible for ensuring any information you provide to us is complete and accurate to the very best of your knowledge. In addition, you are responsible for ensuring that we have any required access to your premises (or a site specified by you and/or agreed between us) and suitable space and facilities in which we can deliver the services at the dates and times agreed.
Unless otherwise specified, all times, dates and prices are estimates only and may vary as a result of, without limit, the level of changes requested by you.
We aim to be contactable on working days (Monday – Friday) between 9.00am and 5.30pm.
All telephone calls will be responded to as soon as possible and usually on the same day the call is received, or within 24 hours. All other correspondence will usually be responded to within 48 hours of receipt unless it is not practicable to do so. Communication will be via electronic means unless you specifically request otherwise.
Any information or advice given by Embrace HR is not a substitute for taking proper legal advice. We recommend that clients take professional legal advice in relation to their precise requirements and we do not accept any responsibility whatsoever if they do not. We do not recommend that any clients or employees thereof give legal advice and we do not take any responsibility if they do so.
Embrace HR is not a firm of solicitors and therefore is not regulated by the Solicitors Regulation Authority. Use of our services does not create a solicitor-client relationship.
To the fullest extent permissible in law and except as expressly provided herein, we will not be liable by reason of breach of contract, negligence or otherwise for any loss of any kind occasioned to any person acting, omitting to act or refraining from acting in reliance on materials, training, information, advice or recommendations supplied as part of the services, whether in writing or verbally, or for any loss incurred as a result of our failure to ensure that any form or document generated from the services is appropriate and complete in all respects for the purpose to which the form or document is to be used.
The extent of Embrace HR’s liability to the client for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the services supplied by Embrace HR who shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or by any customer of the purchaser and whether direct or indirect consequential or howsoever arising except where the parties to the transaction could have contemplated such a loss at the time of the contract or service agreement.
If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions provided the contract is capable of continuing without such terms and conditions.
These terms shall be deemed to have been made in England and shall in all respects be governed by English Law except where the statutory rights of consumers within the European Union are otherwise protected within the law of the state or country of delivery.
Our fees and charges will be calculated on the basis set out in our Terms & Conditions of Engagement, Letter of Engagement, Consultancy Agreement, Schedule of Services or as otherwise agreed with you.
Unless otherwise stated our fees exclude any third-party costs or the costs of materials which are not yet known but will form part of the Services, which if applicable will be agreed separately. Third party costs may include without limit: training materials, room hire, printing, postage and carriage.
We will maintain a record of the time spent on any instructions given by you and you may request details of this. Unless we agree otherwise, our charges are usually calculated by any or all of: reference to the time spent on a matter; agreed project / documentation price; *retained monthly service charge. Fees may also be agreed on a day (capped), half day or hourly rate. Otherwise, time is charged in units of 15 minutes. *Retained agreements are subject to a fair and acceptable usage policy for services provided within reasonable volume levels, hours of work and month-to-month fluctuations in use.
Where we have agreed to incorporate an initial monthly service charge within a quoted fee, if we are unable to complete the agreed works/documentation within the first month, for whatever reason, we reserve the right to invoice the normal retained monthly service charge for the initial month and move the quoted fee to a subsequent month, as relevant and or necessary.
Any excessive or unreasonable travel or waiting time or last minute cancellation by you may be subject to a charge of half of the normal fee. We will notify you of any such occurrence at the earliest opportunity.
Our fees and charge rates are subject to review on an annual basis. If our charge rates are varied, we will notify you of the changes in writing and confirm the date the rates will take effect from.
Expenses will be charged in addition to the price for the Services and may include, without limitation, mileage at HM Revenue and Customs current rates and hotel and/or other travel expenses charged at cost. All expenses will be agreed prior to being incurred.
All sums due will be subject to any applicable UK taxation, including where relevant, VAT.
For the avoidance of doubt, unless otherwise provided in our Terms of Engagement, and except as otherwise provided herein, you shall pay any additional charges which are incurred as a result of:
Such charges shall be in addition to all other amounts payable under this agreement, despite any maximum budget, contract price or final price identified herein.
Payment is due on receipt of invoice. To avoid late payment charges, payment for the services provided will be required within 30 days of the date of our invoice. Our invoices must be paid without any deduction or withholding on account of taxes or other charges. Where the services requested are lengthy or complex or involve managing third party costs on your behalf we reserve the right to request a deposit or stage payments and if applicable will be detailed on our Terms of Engagement.
Where we have submitted work requiring your comment/approval prior to completion you are requested to respond within 30 days. After this time, if you have not contacted us, we reserve the right to invoice you for the full amount quoted.
If an invoice or part thereof remains outstanding after 30 days from the date of delivery, we reserve the right to charge interest and/or suspend work on all matters on which we are advising you and/or terminate our retainer. In addition, all our invoices will become immediately due and payable.
Any queries relating to an invoice must be received within 7 days from the date of the invoice. Until a query is resolved you remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.
We reserve the right to levy additional charges for late payment, including an administration fee. Invoices overdue by more than 90 days will be passed to our solicitors for recovery plus any related costs and expenses.
This website and its contents are the copyright © of “Embrace HR (Consultancy) Ltd”. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, you must not:
You will have the full right and licence to use copies of materials we create for you for the particular purpose for which they were prepared. However, all copyright and other intellectual property rights in all documents, reports, written or electronic advice or other material provided by us to you remains with us. If you wish to use copies of these materials for purposes other than those for which they were prepared, you will require our written permission.
Intellectual Property Rights may also refer to any patents, copyright, database rights, design rights, registered designs, trade marks or service marks, trade names or know how (whether registered or not) and all rights or forms of protection of a similar nature existing anywhere in the world. All Intellectual Property Rights on this site are owned by or licensed to Embrace HR, and may not be reproduced or copied.
Each party acknowledges that in connection with the Terms of Engagement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employers shall hold and maintain in strict confidence all Confidential Information, shall not disclose such Confidential Information to any unapproved third party and shall not use any Confidential Information except as may be necessary to perform its obligations under the Terms of Engagement except as may be required by a court or governmental authority of competent jurisdiction. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received by a third party without obligation of confidentiality.
Nothing in this clause shall restrict either party, subject to obtaining the permission of the other, from discussing the existence of this agreement, the nature of the services to be delivered under it or the nature of the relationship between the parties.
Embrace HR will use corporate and personal data in accordance with the consents that are given to us and store that information in accordance with the General Data Protection Regulations.
This website is governed by the laws of the country of England in the United Kingdom and any dispute or action arising out of this site shall be determined in accordance with such laws.
The relationship between us shall be that of principal and independent self-employed contractor and not in any way that of employer and employee. This Agreement is non-exclusive, either party being free to engage in any business of its choosing with any establishment of its selection. Nothing in this Agreement shall create a partnership or joint venture between us and save as expressly provided in this Agreement neither of us shall enter into or have authority to enter into any engagement or make any representation or warranty on behalf of or pledge the credit of or otherwise bind or oblige the other.
This Agreement represents the entire Agreement between the parties in respect of the Services and shall prevail over any conditions contained or referred to in any of your documents or otherwise and shall remain in force until altered in writing and signed by both parties.
Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
A person who is not a party to the Terms of Engagement shall have no rights under the agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
This agreement represents the entire agreement between the parties in respect of the services and shall prevail over any conditions contained or referred to in any of your documents or otherwise.
We will update the content of this notice and the content on our website from time to time. Please ensure that you visit this page regularly and refresh your browser to ensure your information is up to date.
It is your responsibility to ensure that your computer is virus protected. Embrace HR accepts no responsibility for any loss you may suffer as a result of accessing or downloading information from this site.
Embrace HR excludes all liability whatsoever for any loss or damage howsoever arising to the full extent lawfully permitted, as a result of the use of this website or reliance on any of its contents; loss includes all losses, claims, liabilities, costs expenses (including legal fees) and damages of any sort whatsoever and whether or not reasonably foreseeable or avoidable. Embrace HR accepts no liability for any loss that may arise if the products or services advertised within this website become unavailable.
If you are unclear about anything in the terms of engagement or in the event of any complaint or customer care matter, or if you believe any information on this site is inaccurate or have any suggestions on how the content of this site could be improved please contact us and we will endeavour to resolve matters as rapidly as possible, normally within five working days. We can be contacted in writing to our registered address or via email to firstname.lastname@example.org or telephoning us on 01204 292007.