Terms and Conditions
1. Application
These Terms and Conditions shall apply to the provision of the services detailed within a proposal. Services by The Paperwork Team a company registered in the United Kingdom under number 07668357 whose registered office is at 5 Manor Lane, Shipston-on-Stour, Warwickshire CV36 4EF, the Provider to you the Client. No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between the Provider and the Client.
2. Interpretation in these Terms and Conditions
“Business day” means a day other than a Saturday, Sunday or bank holiday. Headings are for convenience only and shall not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.
3. Services
3.1 With effect from the commencement date stated in the Client’s proposal and in consideration of the Fees being paid in accordance with these Terms and Conditions, the Provider shall provide the Services to the Client.
3.2 The Provider shall use reasonable care and skill in its performance of the Services and shall ensure compliance with any and all relevant codes of practice.
3.3 The Provider shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in the proposal.
4. Client Obligations
4.1 The Client shall use its best and reasonable endeavours to supply the Provider with access to any and all relevant information, materials, properties and other matters which are required to enable the Provider to provide the Services.
4.2 The Client shall use its best and reasonable endeavours to acquire any permissions, consents, licences or other matters which are required to enable the Provider to provide the Services.
4.3 The Client is responsible for checking current Terms and Conditions, as well as updates, posted on The Paperwork Team website.
4.4 The Provider shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 4.
4.5 The Provider reserves the right to halt progress on any project in cases where the scope of work outlined diverges from the actual documentation we receive and have initially provided a quote for. For example, if a small collection of receipts transforms into a substantial assemblage of disordered receipts. In such scenarios, we will either revise the quotation based on the adjusted scope or offer the alternative of remunerating the work completed up to the current stage and returning the related documentation.
5. Fees [and Deposit]
5.1 The fees (“Fees”) for the Services are set out in the proposal.
5.2 In addition to the Fees, the Provider shall be entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services.
5.3 The Client shall pay the Provider for any additional services provided by the Provider that are not specified in the proposal in accordance with the Provider’s then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between the Provider and the Client. The provisions of sub-Clause 5.2 shall also apply to such additional services.
5.4 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.5 The Client shall be required to pay a deposit (“Deposit”) when detailed in the proposal either at the time of accepting the proposal or within 28 days of acceptance.
5.6 If the Client does not pay the Deposit to the Provider in accordance with sub-Clause 5.5 the Provider shall have the right to withhold provision of the Services until the Deposit is received or may terminate in accordance with Clause 9.
5.7 The Deposit shall be non-refundable unless the Provider fails to provide the Services and is at fault for such failure (where the failure is not the fault of the Provider, no refund shall be made).
6. Proposal, Contract and Variation
6.1 The Provider is not obliged to accept an order for Services from the Client unless the Client has supplied references which are requested by, and satisfactory to, the Provider.
6.2 The proposal constitutes written acceptance and confirmation by the Provider of the Client’s order for the Services (as agreed between the Provider and the Client).
6.3 Having issued the proposal, which is a contractual offer to provide the Services, the Provider agrees to enter into a contract for the provision of Services upon the Client’s signed acceptance of the proposal and of the Terms and Conditions of The Paperwork Team.
6.4 The proposal is valid for a period of 30 days only from the date of the proposal unless expressly withdrawn by the Provider at an earlier time.
6.5 Either the Provider or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of the proposal.
6.6 If the Client wishes to vary any details of the Services it must notify the Provider in writing as soon as possible. The Provider shall endeavour to make any required changes and additional costs shall be invoiced to the Client.
6.7 If, due to circumstances beyond its control, the Provider has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. The Provider shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
6.8 Expenses. The Client agrees to reimburse The Paperwork Team in respect of all reasonable expenses incurred by them, and all time taken in performing the agreed services. Travel to the Client will be charged at HMRC standard mileage allowance rate.
7. Payment
7.1 Following the Client’s acceptance of the proposal, the Provider shall invoice the Client for the Fees either:
(a) upon completion of its provision of the Services; or
(b) on the invoice dates set out in the proposal.
7.2 The Client shall pay the Fees due within 14 days of the date of the Provider’s invoice or otherwise in accordance with any credit terms agreed between the Provider and the Client.
7.3 Time for payment shall be of the essence of the Contract between the Provider and the Client.
7.4 If the Client fails to make payment within the period in sub-Clause 7.2, the Provider shall charge the Client interest at the rate of 2% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.
7.5 If the Client fails to make payment within the period in sub-Clause 7.2, the Provider shall have the right to suspend any further provision of the Services and to cancel any future services which may have been ordered by, or otherwise arranged with, the Client.
7.6 Receipts for payment will be issued by the Provider only at the Client’s request.
7.7 All payments must be made in Pound Sterling (GBP) unless otherwise agreed in writing between the Provider and the Client.
8. Termination
8.1 The Provider may terminate the provision of the Services immediately if:
(a) the Client commits a material breach of its obligations under these Terms and Conditions; or
(b) the Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
(c) the Client enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
(d) the Client convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Client, notice of intention to appoint an administrator is given by the Client or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Client or for the granting of an administration order in respect of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client.
9. Intellectual Property and Data Protection
9.1 The Provider reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services. The Provider reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.
10. Liability and Indemnity
10.1 The Provider will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Provider’s employees, agents or otherwise) in connection with its provision of the Services or the performance of any of its other obligations under these Terms and Conditions or the proposal or with the use by the Client of the Services supplied.
10.2 The Provider shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Provider’s obligations if such delay or failure is due to any cause beyond the Provider’s reasonable control.
10.2.1 Any advice given, HR, Financial or Corporate is supplied in good faith with the expectation that the Client will satisfy themselves of all legal accuracy and intent. The Provider shall not be held liable for any disputes arising from the provision of suggested employment drafts, documents or frameworks.
10.3 The Client shall indemnify the Provider against all damages, costs, claims and expenses suffered by the Provider arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client
10.4 Nothing in these Terms and Conditions shall limit or exclude the Provider’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
11. Force Majeure
Neither party shall be liable for any failure or delay in performing their 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: power failure, Internet Service Provider failure, 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.
12. Communications
12.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
12.2 Notices shall be deemed to have been duly given
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.
12.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
13. Severance
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
14. Law and Jurisdiction
14.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between the Provider and the Client relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales
