Terms Of Service

Workforce Governance Terms and Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, contact danielle.peel@workforcegovernance.co.uk.

Application

These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Workforce Governance Ltd C/O Advice With Accounts, Unit 50 & 51 Nottingham Business Centre, Lenton Boulevard, Nottingham, NG7 2BY with email address danielle.peel@workforcegovernance.co.uk; telephone number 0330 043 5535; (the Supplier or us or we).
These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Website if you are eligible to enter into a contract.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
We primarily service organisations within the United Kingdom and would encourage any organisations outside of this territory to contact us prior to agreeing to these terms and conditions.

Interpretation

A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice versa.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services, of the number and description as set out in the Order;
Privacy policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website www.workforcegovernance.co.uk on which the Services are advertised.

Services

The description of the Services and any Goods is as set out on the Website, LinkedIn, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Services and Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any Goods as well as Services unless we specify otherwise.

Customer Responsibilities

You must co-operate with us in all matters relating to the Services as required, provide us with all information required to perform the Services and obtain any necessary licences, permissions and consents (unless otherwise agreed in writing).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
We are not liable for any delay or failure to provide the Services if this is caused by the Customers failure to comply with the provision of this section (Customer Responsibilities).

Personal Information

We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other communication methods to provide the Goods and Services you have requested from us, and you expressly agree to this.
We will provide you with the opportunity to opt into other communications to us outside of servicing the contract.

Basis of Sale

The description of the Services and any Goods on our Website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.

Fees and Payment

The fees (Fees) for Services is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
Fees and charges are excluding VAT, which will be charged at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

In the case of Services, within a reasonable time; and
In the case of Goods, without undue delay.

In any case, regardless of events beyond our control, including, but not limited to, failure on your part to complete within your agreed time frame, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.

You agree we may deliver different services in instalments.

Risk and Title

If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any services.

Withdrawal and Cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below: These Cancellation Rights, however, do not apply, to a contract for the following Goods and Services (with no others) in the following circumstances:

Goods that are made to your specifications or are clearly personalised;

Right to Cancel

Subject to what is stated in the Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days from the day the Contract was entered into. In contract for the supply of goods over time (i.e., subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decisions (e.g., an email). We will communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (e.g., by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the Cancellation Period

We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of Cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.

Payment for Services Commenced During the Cancellation Period

Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount of the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Services Supplied

We may make a deduction from the reimbursement for any services supplied. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount for that loss.

Timing of Reimbursement

We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Advice With Accounts, Unit 50 & 51 Nottingham Business Centre, Lenton Boulevard, Nottingham, NG7 2BY without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meaning:

Distance contract means a contract concluded between a trader and consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contact and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:

Be of satisfactory quality;
Conform to their description.

It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
We will provide the following after-sales service:
The supplier will provide access to the skills analysis report. The supplier will offer the customer the option for further insight at an additional cost from the data provided. The supplier will provide access to consultancy services through an introduction to a third-party organisation if they request further services and technical support on understanding the results from the skills analysis, or advice on operationalising the results illuminated within the report.
In relation to the Services, anything write to you is a term of the contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.

Duration, Termination and Suspension

Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

Commits a material breach, or series of breaches resulting in a serious breach, of the Terms and Conditions and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
Is subject to any step towards its bankruptcy or liquidation.

On termination of the Contract for any reason, any of our respective remaining rights and liabilities will be affected.

Successors and Our Sub-Contractors

The benefits of this Contract are solely for you and not transferable.
The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

In the event of any failure by a party because of something beyond its reasonable control:

The party will advise the other party as soon as reasonably practicable; and
The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR) with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy.
For the purposes of these Terms and Conditions:

‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are the Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

Before or at the time of collecting Personal Data, we will identify the purposes for which information in being collected;
We will only Process Personal Data for the purposes identified;
We will respect your rights in relation to your Personal Data; and
We will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding your data privacy email danielle.peel@workforcegovernance.co.uk

Liability and Indemnity

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

any indirect, special or consequential loss, damage, costs, or expenses or;
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

Excluding Liability

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances Beyond a Party’s Control

Neither of us is liable for any failure or delay in fulfilling our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Intellectual Property

We reserve all copyright and any other intellectual property rights which may subsist in any Goods or Services supplied. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows:

In writing by emailing danielle.peel@workforcegovernance.co.uk
Through investigation following our complaints policy and process
Through concluding if the complaint is upheld or not upheld and informing of rights of appeal.

Attribution

These Terms and Conditions were created based on documents from Rocket Lawyer (https://rocketlawyer.com/gb/en)