Terms of Business
1.1. We aim to offer our clients quality HR advice with a personal service at a reasonable cost. We hope it is helpful to you to set out below the basis on which we provide our professional services.
1.2. HR4UK.com Limited (HR:4UK) is a limited company with company registration number 1804171 which operates from registered offices in Hinckley, Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ.
1.3. It is your responsibility to keep us informed of any events that may change the nature of the services you may require from us.
1.4. The law governing any dispute arising from these Terms of Business shall be the law of England and shall be determined by English Courts.
2. Subscription Fees
2.1. The level of your monthly subscription fees are as agreed at the commencement of our services.
2.2. The level of subscription is based upon the level of service you have subscribed and in some cases, the number of locations or centres in the UK. The fee level is held for 12 months, irrespective of any change in employee numbers.
2.3. Any joining fee is payable by credit/debit card or bank transfer prior to the commencement of any service.
2.4. Subscription fees are payable monthly in advance by direct debit unless otherwise stated on your client agreement. Two weeks’ prior to the payment falling due, an invoice shall be emailed to the main contact confirming the amount to be debited from your account and the date on which payment will be taken. Payments are taken on either the 1st or the 15th of each month.
2.5. In the event that you change the level of service you subscribe to, the subscription fee shall change accordingly and shall become effective the month immediately following the change.
2.6. If any direct debit payment is not honoured, we reserve the right to either suspend or terminate our services immediately without any further notice to you. All outstanding and future contractual payments due under your client agreement will become immediately payable under these circumstances.
2.7. We can accept payment by debit or credit card but we reserve the right to charge a 2% handling fee.
2.8. We reserve the right to instigate legal proceedings against you in order to recover any debt arising from any unpaid invoices. We reserve the right to notify any non-payment of invoices to credit agencies and/or associations to which you may belong. This could have significant implications on your ability to obtain credit and may impact your current credit rating.
2.9. These terms do not restrict your right to challenge our charges if you do not think that our invoice is correct. You may challenge our charges by raising a complaint under our formal Complaints Procedure.
2.10. We reserve the right from time to time to review our level of fees and adjust the level of subscription in accordance to any changes to our rate card, and/or in line with the percentage increase in the UK retail price index published by the Office for National Statistics. In this event we will provide one month notice of any changes to your level of subscription.
3. Communication between you and us
3.1. We value all feedback concerning our services and conduct regular reviews to help us to improve our services.
3.2. The Data Protection Act requires us to advise you that your particulars are held on our database. We may from time to time, use these details to send you information that we think might be of interest to you.
4. Hours of business
4.1. HR:4UK’s offices are open for business between 8:45am and 5:15pm Monday to Friday. We do not open our offices on a Bank Holiday.
4.2. In cases of an urgent nature that cannot wait until our offices re-open, we operate an out of hours’ service.
5. Complaint Handling Procedure
5.1. We are committed to providing a high standard of professional service. A copy of our service standards are available upon request.
5.2. We are confident that we will provide you with a high quality of service. However, if you have any queries or concerns in relation to the services we offer you, you must make this clear to the person who has been assisting you.
5.3. If this does not resolve the problem to your satisfaction, or if you think it is appropriate to do so, you should follow our Complaints Handling Procedure
6.1. Our Privacy Notice is designed to be a public declaration of how HR:4UK applies the data protection principles to data that we process. It is provided to all individuals whose data we process (i.e. customers, employees, third-parties etc) and contains only the information specific to the individual and as required by law.
6.2. HR:4UK will use your information in accordance with your instructions and the General Data Protection Regulation (GDPR) and any relevant data protection laws.
6.3. You have the right to access the personal data that HR:4UK holds about you. Such information is provided free of charge and is in writing, or by other means where authorised by the data subject and with prior verification as to the subject’s identity (i.e. verbally, electronic).
6.4. If you believe that any of the personal information that we hold about you is incorrect, please let us know. Please refer to our external Subject Access Request Procedures for the guidelines on how an SAR can be made and what steps we take to ensure that access is provided under the GDPR.
6.5. HR:4UK Ltd provides payroll services and pension management to organisations within the UK. All personal information that we collect either an employer or as a third party will comply with the Data Protection Act 1998 and GDPR when processing personal data about you and your employees. We will only act on written instruction of yourself (controller) unless required by law to act without such instruction.
6.6. As the data processor we ensure that people processing data are subject to a duty of confidence and to take appropriate measures to ensure security of processing, will only engage a sub-processor with the prior consent of the data controller and a written contract To understand our data requirement in more detail you can obtain our Fair Processing Notice.
6.7. We may wish to seek publicity on your behalf. We may wish to use references to you for similar service proposals to prospective clients of similar work, in which event we shall seek your consent prior to doing so.
6.8. We shall keep confidential all information you pass on to us (unless the information is in the public domain, or we become aware of it from another source, or we are required by law to disclose it) and all reports, advice and recommendations produced by us as a result of the services we offer to you.
6.9. We shall keep confidential any methodologies and technology used by us to carry out our services provided to you.
6.10. Where you have provided us with personal information you consent to our use of this information in our working relationship. We may also use this information to contact you by email, telephone or post to provide you with details about our products and services or any other information we believe may be of interest to you. If you would like us to stop using your personal information for such purposes, please notify us in writing.
7.1. HR:4UK is a limited company. The effect of this is that the company is responsible to you for any acts of default or negligence but the directors are not personally liable to you. No member, employee or consultant of HR:4UK is personally liable to you or accepts any personal responsibility to you or any third party in providing our services to you. We believe that this is reasonable as it corresponds to modern business practice and HR:4UK has in place indemnity insurance.
7.2. In the event of default (which for these purposes means any act, representation or omission by us or any of our directors, employees, consultants or agents in connection with our work for you as a result of which we are legally liable to pay you or any third party compensation) we shall not be liable for any loss incurred after the date we correct the default, or for any losses incurred more than12 months after the date of the default, or whichever of these events arises sooner.
7.3. HR:4UK shall not be liable to you to the extent that we afford you a reasonable opportunity to mitigate your loss, damage, liability or expenses by providing alternative or additional services.
7.4. Save for damages arising in relation to death or personal injury caused by our negligence or for fraud, the aggregate liability of HR:4UK (including its directors and staff) in respect of any and all claims made by you (under contract, tort, statute, negligence or otherwise) arising out of or in connection with our engagement to act in connection with your matter, shall not exceed £1,000,000 (including interest and costs) unless we expressly state a higher amount. All claims which are to be treated as a single claim for the purposes of our indemnity insurance are to be aggregated in applying that limit, apportioning the capped liability between the aggregated claims in a just and equitable manner.
7.5. HR:4UK shall not be liable for any of the following losses or damage howsoever caused and even if foreseeable by us:
a) loss, or damage to or the cost of replacement, recovery or reconstruction of your or a third party’s documents, records, information or other data on any media;
b) special, indirect or consequential loss including loss of use, profits, goodwill or anticipated savings;
c) loss arising from any claim made against you by a third party;
d) loss or damages arising from your failure to fulfil your responsibilities or loss or damages arising from acting in accordance with your instructions or instructions received from your offices, members, directors, employees, agents or third parties engaged by you;
e) losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or others failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax or other authorities
7.6. Nothing in these Terms excludes or limits:
a) Any liability or claim that cannot be excluded under English law.
b) Any liability or claim that cannot be excluded under any relevant professional rule or regulation.
7.7. HR:4UK will not be responsible for any increased liability falling on HR:4UK by reason of any limit which you may have agreed with any other adviser or which may otherwise have fallen upon HR:4UK by reason of the contributory negligence of any other person against whom you do not make recovery for any reason. This is relevant in circumstances in which HR:4UK and other persons may be liable in respect of the same damage. In these circumstances, HR:4UKs’ liability will be limited to such sums as it reasonably ought to pay having regard to its responsibility for the damage (within the meaning of section 2(1) of the Civil Liability Contribution Act 1978) and on the basis that such other persons are deemed to have paid to you such sums as they ought reasonably to have paid (i) having regard to their own responsibility for it; and (ii) disregarding any limitation which you may have agreed with such person, any subsequent extension of your claims against that person or the fact that such person has ceased to exist. If you agree to limit the liability of such persons, or if the claim against such person lapses or becomes extinguished for any reason or is not pursued by you or any such person fails to satisfy any judgment obtained by you, HR:4UK will not be liable to you for more than the net amount it would have paid, after allowing for the amounts you would otherwise have been entitled to recover from such persons.
7.8. Please ask if you would like us to explain any of the terms in this section.
8.1. Following any initial contracted period or subsequent contracted period, you can terminate your subscription for our services by giving 3 full calendar months written notice. Such notice should be posted (on company letterhead) or sent by email to email@example.com.
8.2. We can only accept cancellation if signed by a Director, owner or the person designated our main contact within your organisation.
8.3. Upon termination your employees’ benefit packages will cease.
8.4. Access to the systems will cease at the end of the notice period or immediately after non-payment of any subscription.
8.5. If either party cease to trade, is declared insolvent or reaches an agreement with its creditors under any legislation currently in force in the UK, the subscription services shall terminate immediately.
8.6. We reserve the right to stop acting for you only with good reason, for example, if you do not follow our advice or there is a conflict of interest (non-exhaustive).
9. Law and Jurisdiction
9.1. The relationship between you and HR:4UK and any matter arising out of or in connection with it will be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction (but nothing shall prevent us from enforcing the payment of any debt due to us in courts outside England).
10. Professional rules and statutory obligations
We will observe and act in accordance with the bye-laws, regulations and ethical guidelines and will accept instructions to act for you on this basis. In particular you give us the authority to correct errors made by HMRC where we become aware of them. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements at our offices.
11. Reliance on advice
We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
12. Retention of papers
You have a legal responsibility to retain documents and records relevant to your payroll affairs. During the course of our work we may collect information from you and others relevant to your payroll records. Documents and records relevant to your payroll records are required by law to be retained for 3 years from the end of Tax year they relate to.
13. The Provision of Services Regulations 2009 ('Services Directive')
In accordance with our professional body rules, we are required to hold professional indemnity insurance. Details about the insurer and coverage can be found at http://www.HR4UK.com or at our offices.
We welcome your feedback and questions. If you wish to contact us, please send an email to firstname.lastname@example.org or you can write to us at Florence House, St Mary's Road, Hinckley, Leicestershire, LE10 1EQ or call us on 01455 444222.