Terms & Conditions of Service
HR silver package
1.1 Scope: This document defines the general terms that shall apply to all consultancy agreements and retainer contracts involving Plotkin & Chandler Limited. These clauses are incorporated into and form an integral part of our contract.
1.2 The Parties: Plotkin & Chandler Limited of England, UK (hereinafter known as ‘Plotkin & Chandler Limited’) and the Client ‘the Client’ is the party with whom a contract of supply exists.
2. Statement of Professional Standards
2.1 Plotkin & Chandler Limited will conduct its business in accordance with the professional standards laid down by the Code of Professional Conduct of the Chartered Institute of Personnel and Development (CIPD). Plotkin & Chandler is also a Claims Management Company which is authorised and regulated by the Financial Conduct Authority. Our firm reference number is 834469.
3. Consultancy Services
3.1 Plotkin & Chandler Limited will provide consulting services to the Client relating to Human Resources and litigation work relating to employment matters. The specific nature of the services to be provided by Plotkin & Chandler Limited will be specified in communication between us, which includes telephone and email communication. These communications will form part of the Contract between Plotkin & Chandler Limited and the Client along with the Terms and Conditions.
3.2 Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), Plotkin & Chandler Limited will make available to the Client all knowledge, information and expertise in its possession in performing the services. If the Client wishes Plotkin & Chandler Limited to perform any services other than those specified in the communication between us (including without limitation to provide any additional functionality) or to provide further or other products and/or services, then Plotkin & Chandler Limited shall be entitled to quote the Client separately for the provision of those services or products required and upon acceptance, the terms of this agreement will also apply to those additional services and products.
3.3 Unless otherwise agreed in writing by both parties, the terms of this agreement will commence when the Client formally accepts the Terms and Conditions by providing an electronic signature, physical signature or email confirmation.
3.4 Unless specifically stated as a fixed price quotation, any cost estimates that are, or have been given by Plotkin & Chandler Limited are estimates only.
3.5 Actual time spent, products supplied and any other fees such as disbursements etc. will be used as the basis for billing.
4. Retained services
4.1 Retained clients receive a set number of support hours per month in exchange for a monthly fee. The quantity of hours and the monthly fee will be determined by the package that the client has chosen to sign up to. This contract relates to our silver package which currently provides 4 hours of HR support a month, at a cost of £260 per month.
4.2. The support hours will be used in a way that is agreed between us. This may include email support, telephone support, in person support, or a combination of each. Plotkin & Chandler reserves the right to determine which method of communication is most appropriate in the circumstances.
4.3. All of our retained packages are subject to a minimum contract length of three months, and are automatically renewed for further periods of three months until the contract is cancelled by you in accordance with the cancellation provisions below. Any unused support hours can be rolled over until the cancellation of our retained services, but refunds will not be available for unused hours.
4.4. If you exceed the support hours included in your retained package allowance, the additional hours will be charged at the hourly rate attributable to your retained package the ‘retainer rate’.
4.5 As well as HR services, Plotkin & Chandler also offer services relating to defending employment tribunal claims (‘litigation services’). We can offer support with all aspects of the Employment Tribunal process up to and including Employment Tribunal representation. Our litigation services are not included in our HR retained packages and are charged separately at a different rate.
4.6 In circumstances when work is requested from us by you, either by email or telephone, you agree that there is not a need to provide a quotation before the requested work will be undertaken. Instead you agree to pay for the work that was requested by you. Such circumstances include, but are not limited to, attendance at meetings, drafting documentation or correspondence etc. If you request a time estimate, before the work commences, this information may be provided to you via phone or email.
4.7. You agree that from time to time we may alter the price of our retained packages. These changes will be communicated to you. Continued use of our retained services, after the changes have been communicated to you, is confirmation of acceptance.
5. Time Basis for Contracts
5.1 Where applicable, activity time is calculated inclusive of travel time from the prior non-client activity (such as from the consultant’s home, office, or third-party premises).
5.2 Off-site activity time includes all office time spent acting for the Client and may be carried out at any location of Plotkin & Chandler Limited’s choosing including Plotkin & Chandler Limited’s business premises or any site away from the Client’s premises.
5.3 Where off-site activity is provided by the hour, all travel, office, administrative, preparatory, production and telephone time in addition to actual client meetings and external interviews are chargeable at the agreed hourly rate.
5.4 Activity logs may be provided to Clients upon request.
6.1 All commitments with respect to the timing and scope of the project given to the Client by Plotkin & Chandler Limited – whether verbal or written – are made in good faith but are made necessarily in advance of;
6.2 Knowing the full scope of the difficulty that may pertain to the performance on specific points (for example, unforeseeable difficulty in obtaining certain information requested by the Client). For this reason, whilst Plotkin & Chandler Limited agrees to use its best endeavours to fulfil such commitments to the Client on the timing and the scope of consultancy and other projects, we cannot guarantee performance in either respect.
7.1 Any instructions received by Plotkin & Chandler Limited from the Client for the supply of services / products shall constitute acceptance of the Terms and Conditions of the Contract.
7.2 Upon acceptance of these terms of business by the Client, the terms and conditions contained therein are irrevocable and can only be amended with the written consent of Plotkin & Chandler Limited.
8. Reporting, Meeting and Training
8.1 The Client shall ensure its employee(s) or such other person as the Client shall nominate in writing) is available to meet with Plotkin & Chandler Limited, either face to face, over the telephone or by email when reasonably required by Plotkin & Chandler Limited for the purposes of discussing the status and progress of the services.
8.2 If the Client or Client’s employee cancels attendance to a pre-arranged meeting within 7 days of that meeting, Plotkin & Chandler Limited is entitled to charge a cancellation fee of 4 hours’ work charged at the current hourly rate.
8.3 If the Client or Client’s employee cancels attendance at a pre-arranged on-site visit day, set training day or event within 7 days of that on-site visit, training day or event, Plotkin & Chandler Limited is entitled to charge a cancellation fee of 100%.
8.4 If a Client or Client’s employee cancels attendance to a set training day or event that has been prearranged within 14 days, Plotkin & Chandler Limited is entitled to charge a cancellation fee of 50%.
8.5 Plotkin & Chandler Limited is entitled to charge a cancellation fee of 4 hours’ work on behalf of any external services sourced on behalf of the client where the Client or Client’s employee cancels attendance to a pre-arranged meeting within 7 working days.
8.6 Plotkin & Chandler Limited is entitled to charge a cancellation fee of 8 hours’ work on behalf of any external services sourced on behalf of the client such as minute taking where the Client or Client’s employee cancels attendance at a pre-arranged on-site visit day, set training day or event within 7 days of that visit.
9. Fees and Expenses
9.1 Plotkin & Chandler Limited will provide services to the Client and will be entitled to charge the Client for such services at the rates agreed between us.
9.2 The remuneration structure agreed between Plotkin & Chandler Limited and the Client may be based on a number of methods, such as a ‘retainer’ or ‘subscription’, a ‘fixed fee’ or an ‘hourly rate’ or ‘time based’ rate (i.e. day rate, half day rate, hourly rate) but in any event will be specified in correspondence or documentation between us.
9.3 All Quotations are valid for a period of 3 months from date of issue prior to confirmation of engagement of Services by the Client.
9.4 Unless otherwise stipulated Plotkin & Chandler Limited’s quotations with clients will not include expenses in the pre-arranged fee. Additional fees include but are not limited to mileage, car parking, pre-authorised accommodation costs, room hire costs, recruitment agency /head-hunter fees and any other costs essential to the delivery of the services are levied in addition to the agreed fee.
9.5 Expense receipts wherever practical, will be retained by Plotkin & Chandler Limited and will be available for inspection upon request.
9.6 The Client will pay Plotkin & Chandler Limited for the cost of any products or services together with Plotkin & Chandler Limited’s own charge that it levies for handling and/or obtaining relevant materials.
10. Payment Terms
10.1 The Client agrees to be bound by the payment terms stipulated within the contract.
10.2 Payments may be required in advance of any service delivery, by invoice or by monthly direct debit as stipulated within the contract.
10.3 All invoices rendered by Plotkin & Chandler Limited are payable within 7 days from the date of invoice, unless otherwise agreed between us. The Client agrees to pay Plotkin & Chandler Limited in full within this time period.
10.4 If the client fails to make any payment on time without giving notification of due cause then Plotkin & Chandler Limited reserves the right to withhold delivery of any further consultancy and will not be responsible for any inconvenience, loss or damage so caused.
10.5 Without prejudice to Plotkin & Chandler Limited’s rights under this Agreement, Plotkin & Chandler Limited shall be entitled to charge and the Client shall pay interest at 2% above the base lending rate of Santander UK PLC per month should the Client fail to pay any invoice by the due date for payment.
10.6 The support hours included in a package are paid by you via monthly direct debit.
11. Cancellation Rights
11.1. Our support packages have a minimum contract length of three months. The contract may be terminated in the following circumstances:
By either party giving 90 (ninety) days’ notice in writing to that effect; or
Immediately by Plotkin & Chandler Limited by notice in writing if the Client fails to remedy a breach of this Agreement (including any provision as to payment) within 30 (thirty) days of receipt of a notice from Plotkin & Chandler Limited advising of such a breach requiring it to do so.
11.2 The Contract shall be regarded as a whole, unless there are break points within it agreed in advance or it is divided into stages or where it is subject to periodic renewal. Where no such division is agreed in advance and stipulated in the contract, the Client shall be liable for the totality of the value of the contract – including all expenses incurred to the date of cancellation – whether or not the Client wishes the work to be completed.
11.3 Where the cancelled contract relates to a retained or subscription service, where the required notice period is given in accordance with the terms and conditions, services will continue to be provided by Plotkin & Chandler Limited for the duration of the notice period, at the end of which time, services will be ceased. Where the Client wishes to cancel but insufficient notice is provided, the contract will continue to its expiration date and services will continue to be provided up to the date of expiry. Where the Client wishes to cancel a retainer or subscription service with immediate effect, the Client shall be liable for paying for the remainder of the contract up to the date of its expiry.
11.4 On termination of this Agreement, however occurring, all monies unpaid by the Client pursuant to this Agreement will immediately become due and payable.
11.5 If such monies remain unpaid for a period of 30 days then (without prejudice to other rights that Plotkin & Chandler Limited may have for breach of this Agreement or otherwise) Plotkin & Chandler Limited will be entitled to cease consultancy services and to retake possession of any products provided.
11.6 The Client’s obligations within the Contract (including any obligations to indemnify) under the clauses relating to Intellectual Property, High Risk Activities, Liability and Confidentiality shall survive the termination of the Agreement for whatever reason. Plotkin & Chandler Limited’s obligations in relation to Confidentiality shall survive the termination of this Agreement for whatever reason.
12. Quotation Non-exclusive
12.1 The Client acknowledges that Plotkin & Chandler Limited is providing Services to the Client on a non-exclusive basis and that Plotkin & Chandler Limited may provide Services of the same or a similar nature as the Services to any other party, unless expressly agreed between us.
13. No Poaching
13.1 The Client undertakes to Plotkin & Chandler Limited that it will not for a period of 12 months from the termination of this Agreement entice or endeavour to entice away from Plotkin & Chandler Limited any employee of Plotkin & Chandler Limited. The Client acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of Plotkin & Chandler Limited.
14. Liability for Advice Given
14.1 Plotkin & Chandler Limited provides information, advice and services in good faith based upon information available and provided by the Client at the time. We do not warrant the accuracy of information provided to us. It is for the Client to decide whether or not to accept our advice in making his/her own management decisions. We advise that the data critical to a decision should be independently verified prior to being acted upon. Therefore, Plotkin & Chandler Limited accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect.
14.2 To the extent permitted by the law, Plotkin & Chandler Limited expressly excludes all conditions and warranties whether express or implied.
14.3 Notwithstanding any other provision in this Agreement, in no event will Plotkin & Chandler Limited be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data or other economic advantage) however it arises whether for breach of this Agreement or in tort. The Client will indemnify Plotkin & Chandler Limited and keep it indemnified from and against any claims by any third party for or in respect of such damages. Plotkin & Chandler Limited’s liability is limited to the value of the contract with the Client or the value of the loss whichever is the smaller.
14.4 Plotkin & Chandler Limited does not offer employment tribunal insurance, it is for the Client to source their own.
15.1 Plotkin & Chandler Limited shall seek the right from the Client to publicise the fact that the Client is, or was, a client and to utilise the clients name in publicity materials in this respect. Plotkin & Chandler Limited may also describe in general terms the type of work conducted for the Client but shall not be permitted to link the two without prior permission of the Client in order to protect confidentiality.
15.2 Wherever the results of any commissioned work are cited by the Client, the Client agrees to make due reference to Plotkin & Chandler Limited so as to make it clear who carried out the work, except where Plotkin & Chandler Limited explicitly waives this right.
16.1 Plotkin & Chandler Limited agrees to hold all information provided by the Client confidential where the Client so specifies, save where such information is known to Plotkin & Chandler Limited already, or exists already in the public domain, until, either the information enters the public domain, or Plotkin & Chandler Limited is given the same information by a third party, or is released from its confidentiality requirement by the Client, or the Client is found in breach of contract with Plotkin & Chandler Limited by a court of law (including non-payment of account) or three years have elapsed, whichever is sooner.
16.2 The Client agrees to hold all information about Plotkin & Chandler Limited’s proposal(s), fee structures, fees and personnel in the strictest of confidence.
17. Telephone recording
You agree that Plotkin & Chandler is entitled to record telephone conversations between us for training and compliance purposes.