Terms and conditions

Employment Advice Service Terms and Conditions

1. The fee for the Employment Advice Service shall be £495 plus VAT for one year. This fee is payable in advance. On receipt of cleared funds, signed Employment Advice Service Terms and Conditions, and Aston Bond LLP Terms of Business, we will start to provide the Employment Advice Service to your business. The aforementioned fee of £495 plus VAT is for the telephone advice only as set out in Clause 2 below. Any additional work required by your business will be charged as set out in Clause 7 below.

2. For a non-refundable fee of £495 plus VAT, you will receive unlimited telephone advice between 10:00am – 5:00pm Monday – Friday (excluding bank holidays, public holidays and 23 December – 4 January inclusive) subject to the availability of our consultants. Should a consultant not be available to take your call, we will endeavour to call you back within 24 hours. This service does not include any face-to-face attendances or any reviewing of any documentation. Our consultants cannot advise nor comment on the content or effect of a document without sight of the documentation. Any review of documentation will constitute additional work as set out in clause 7.

3. The registered business address for Aston Bond is: 135 High Street, Slough, Berkshire, SL1 1DN. Aston Bond will provide its Employment Advice Service to you as external consultants and nothing in this agreement shall be construed as an offer or acceptance of employment, or as making us or any of our consultants or associates an agent of your business. We will invoice you for any additional work carried out under the Employment Advice Service.

4. If we agree that additional or associate consultants are required for any additional work under the Employment Advice Service, Aston Bond will at all times remain the lead consultant and your business’s first point of contact. The agreement for our Employment Advice Service remains between your business and Aston Bond. We reserve the right to request associate consultants to assist in providing our services to your business if necessary.

5. Aston Bond will maintain the confidentiality of your business’s contact details and any information we gain about your business and/or individual employees in the course of our work. We will not share your business’s details with any third parties without your prior consent unless we are legally required to do so. Data stored on our computers and on paper records is stored securely and we comply with relevant data protection requirements. We agree not to use any information for purposes other than those agreed for the Employment Advice Service that we will provide to your business.

6. When we are providing written and/or oral advice the content of discussions during these times remain confidential between Aston Bond and the parties involved. The business may receive a brief report of the outcomes but only if this is agreed in advance with the participants.

7. If any additional work is to be carried out under the Employment Advice Service, Aston Bond will provide a proposal or schedule of works for your business’s approval prior to work being carried out. We will then agree the specific details of the additional work to be carried out and the fee for this work with your business. Our current hourly charging rates are detailed in the Aston Bond LLP Terms of Business.

8. Aston Bond do not take responsibility for service objectives not being met, where this is within the personal control, or choice of the individuals in your business that we are working with, or where this is due to issues arising within your business, or other and unforeseen events.

9. Neither your business nor Aston Bond shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond either your or their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action.

10. During the period of time that Aston Bond are contracted to provide your  business with the Employment Advice Service, we and any of our associates will always act in good faith and in a manner that is professional, courteous and in the best interests of the business and the individual employees. We will utilise our skills, experience, knowledge and expertise to achieve the maximum return on investment for the service you have contracted us to provide. In return, your business acknowledges that our ability to provide the Employment Advice Service is dependent upon the full and timely co-operation of your business which your business agrees to provide as well as the accuracy and completeness of all instructions, information and data that your business supplies to us.

11. Aston Bond will invoice your business for any additional work carried out pursuant to the Employment Advice Service and payment will be due with upon receipt of the invoice by your business. Payments can be made by standing order, cheque, debit/credit card or electronic fund transfer.

12. In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, Aston Bond reserves the right to charge interest at 8% above the prevailing Bank of England rate. Additionally, for significantly delayed payments, we reserve the right to charge reasonable debt recovery costs, in accordance with the time-limits specified in this legislation. If for any reason your business reaches a situation where it is unable to pay in accordance with these outlined Terms and Conditions, please advise us so that we may discuss alternative payment arrangements. We will only discuss alternative payment terms in exceptional and/or unforeseen circumstances.

13. Once an agreement has been reached for Aston Bond to carry out any work for your business in addition to the fixed-fee telephone support, the following conditions apply to cancellations made prior to the agreed start date, scheduled work dates or during the time in which an agreed work schedule is due to run:

(a) For cancellations up to and including 7 working days before the start date or any booked day/part day of work, the full fee will be charged.

(b) For any earlier cancellations, the full fee will be refunded.

In the event that we have already started the agreed additional work when your business cancels it, we will charge you a fair and reasonable amount based on the amount of work that we have carried out when your business cancels it.

14. Aston Bond reserve the right to withdraw from carrying out additional work if significant conditions develop subsequently which impair the successful completion of the additional work, lead to a conflict of interest or other problems of an ethical nature. We will not be responsible for any costs incurred by your business in this situation and we will invoice your business for fees due and reasonable expenses up to and including the date of withdrawal.

15. In the event that Aston Bond is unable to complete any additional work or attend a training event or coaching session, due to unforeseen circumstances such as illness, we agree that we will either:

(a) Send a mutually agreeable substitute

(b) Rearrange to a mutually agreeable date

If your business does not wish to agree to either of these options, we will refund any fees paid by your business to us subject to any deductions for any reasonable expenses incurred by us beforehand.

16. Unless expressly agreed in writing prior to the start of our providing the Employment Advice Service to your business, all intellectual property remains the property of Aston Bond. Unless we advise otherwise, Aston Bond will be the copyright owner for any materials and resources generated for use within your business; this includes content, structure, layout and design. If specifically agreed in writing, we may give your business permission to continue using materials and resources after we finish working with your business, however, this permission is not exclusive and we reserve the right to use the same or similar resources with other clients.

17. Aston Bond has Professional Indemnity Insurance and will provide your business with copies of current Certificates of Insurance on request. We will endeavour at all times to provide your business with advice and/or information that is current, pertinent and correct according to law at the time at which it is provided. Aston Bond will not be liable if your business continues to use information, beyond the time in which we work with your business, which is no longer correct due to statutory or legislative changes.

18. Your business shall indemnify Aston Bond against all damages, costs, claims and expenses suffered by us arising from loss or damage to any equipment (including that of third parties) caused by your business or your employees.

19. Any termination of the agreement is without prejudice to any other rights or remedies of either party arising under this agreement or at law and will not affect any accrued rights or liabilities of either party at the date of termination. All notices of termination must be in writing and sent to each party’s registered office.

20. If your business wishes to terminate this agreement before the expiration of the one-year period, your business may do so by notice in writing to us at our registered address. However, the fixed fee of £495 plus VAT is non-refundable. In the event that your business terminates this agreement whilst we have or are carrying out additional work for your business, we will invoice your business the agreed fee for the additional work and/or a fair and reasonable sum for commensurate with the amount of additional work carried out for your business at the date that your business terminates this agreement.

21. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of the agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

22. Our entire liability in respect of all claims arising out of or in connection with this agreement and our services (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) in any period of 12 calendar months shall not exceed an amount equal to the sums received by or due to us from your business during that period.

23. Nothing in the agreement excludes either party’s liability for death or personal injury arising out of its or its employees’ negligence or for fraudulent misrepresentation.

24. We shall terminate this agreement with immediate effect, without prejudice to any other rights or remedies, by notice in the event that your business:

a) Commits any material breach of this agreement and such breach (where capable of remedy) is not remedied to our reasonable satisfaction within 14 days of notice;

b) Commits any material breach which is not capable of remedy;

c) Is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or is subject to an order or a resolution for your liquidation, administration, winding up or dissolution;

d) Is subject to a notice of intention to appoint an administrator (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986) or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets or enters into or proposes any composition or arrangement with your business’s creditors generally;

e) Ceases or threaten to cease to carry on business.

25. In the event that we terminate this agreement for any of the reasons set out in Clause 24, the fixed fee of £495 plus VAT will not be refundable.

26. The Employment Advice Service Terms and Conditions, Aston Bond LLP Terms of Business and associated proposals are binding for the full duration of the Employment Advice Service that Aston Bond provides for your business, including any additional work, unless we issue your business with amended terms.

27. Aston Bond shall operate on the understanding that your business is in agreement with Employment Advice Service Terms and Conditions and Aston Bond LLP Terms of Business, which shall take precedent over any terms your business normally agrees with other service providers, unless your business notifies us otherwise.

28. Your business may not assign any of its obligations under this agreement without the prior written consent of Aston Bond.

29. A failure, delay, relaxation or indulgence by either party in exercising any right, power or privilege conferred on the party by this agreement shall not operate as a waiver of the power, right or privilege. A single or partial exercise of any right, power or privilege hereunder does not preclude the further exercise of the same right or the exercise of any other right hereunder. A waiver of a breach does not operate as a waiver of any other breach.

30. If any part of this agreement is held by a court of competent jurisdiction to be invalid, then;

a) Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and

b) In any case the offending provision must be severed from this agreement the remainder of this Agreement shall continue in full force and effect unless such reading down or severance affects the basic nature of this agreement.

31. This agreement shall be governed by and must be construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of that country.