PEOPLE MANAGEMENT PARTNERS LTD
TERMS OF BUSINESS – HR Advisor Subscription Level 1
People Management Partners Limited (“PMP-HR”, “we”, “us”,“our”) commit to providing you with Pay As You Go (PAYG) Human Resources (HR) services as requested by you in accordance with these terms and conditions (“terms”). Our services will be delivered according to the following terms:
The services we provide to you will be restricted to HR advice. This means that we will support and advise on HR matters for up to 64 hours per year.
The fee will be £700 plus VAT per month. Payment will be made by standing order on the day of the month you signed up to the services.
In order to support you to the best of our ability we will meet with you at the start of each annual contract to agree a people plan for any HR work we can plan for in advance. When you contact us for support on unexpected HR matters you can expect to receive a response the same working day where you contact us before 3pm, if contacting us after 3pm then you can expect a response the following morning.
In the event you wish to buy extra hours for one off pieces of work, this will be charged at our project rates set out in the current rate card. We reserve the right to review these rates and apply an annual inflationary increase. In the event an inflationary increase is applied you will be notified by email.
Our time for remote work is deducted from your annual hours allocation or charged in 15-minute intervals, rounding up to the nearest 15 minutes where necessary.
If you require onsite support, this is deducted from your annual hours allocation or charged in half day (3.5 hour) and full day (7 hour) blocks. You will also be charged reasonable travel time and costs for a member of our team to attend your business address.
Nothing in this agreement shall be construed as an offer or acceptance of employment, or as making us or any of our consultants an agent of your organisation. We will invoice you for our services and hold full responsibility for taxes, NI and any VAT due to be paid.
We reserve the right to engage external resources to assist in providing our services to you. The agreement for provision of services remains between your organisation and PMP-HR.
You will be assigned a named HR Consultant who will act as your main point of contact, PMP reserves the right to change your named HR Consultant in the event a team member leaves, or where we believe another consultant has a skill set better suited to your requirements. Access to your named Consultant is based on 48 weeks per year to allow for periods of time when they will take annual leave. If your named HR Consultant is unavailable you can contact the support team who can arrange for an alternative Consultant to contact you in an emergency. Any hours used with other members of the consulting team will count towards for total hours utilisation for the year.
In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, we reserve 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 limits specified in this legislation. If for any reason you reach a situation where you will be 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.
Recruitment – Membership clients are able to access our flat fee recruitment service at the rate stated in the current rate card (Schedule A). You will be charged the first £500 of this fee in advance and the balance on placement of a suitable candidate. In the event a candidate is offered the role and either does not start or is unsuccessful in their probationary period, there is no rebate.
One off projects –In the case of projects which are 5 days or more in duration and you are purchasing additional hours, a minimum of 50% of the fee may be invoiced in advance, to secure the required days, and the balance will be payable upon completion of the work. You may cancel an additional booked project by giving written notice and on payment of a cancellation fee, which is a percentage of the Fee plus any other expenses incurred in connection with the Services at that time. The cancellation fee varies with the amount of written notice given to PMP-HR as follows:
11 or more working days 0%
6 - 10 working days 50%
1 – 5 working days 100%
We will maintain confidentiality and comply with the requirements of current data protection legislation as it relates to information about your company and/or individual employees. To allow us process any employee data in the course of our work you agree to sign the PMP-HR Data Processing Agreement which will be send to you in the onboarding process.
Neither you nor PMP-HR shall be liable for any failure or delay in performing their obligations under these terms where such failure or delay results from any cause that is beyond either your or our 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.
During the period of time that we are contracted to provide you with a service, we will act in good faith and in a manner that is professional, courteous and in the best interests of the organisation and the individual employees. In return, we expect to be treated in a similar manner.
Unless expressly agreed in advance, all intellectual property remains the property of PMP-HR for any materials and resources generated for use within your organisation; this includes content, structure, layout and design. If specifically agreed in writing, we may give you permission to continue using materials and resources after we finish working with you, however, this permission is not exclusive and we reserve the right to use the same or similar resources with other clients.
PMP-HR has Professional Indemnity Insurance and will provide you with copies of current Certificates of Insurance on request. We will endeavour at all times to provide you with advice or information that is current, pertinent and correct according to law at the time at which it is provided. We shall not, however, be liable for any loss, damage, costs or expenses incurred by you as a result of the implementation of any report or recommendations arising out of the services provided by us to your organisation.
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 and by email to us.
We shall not be liable for any loss of business, loss of profits, loss of anticipated savings, loss of reputation, loss of goodwill or business interruption or increase in bad debt arising out of or in connection with this agreement or its subject matter even if we had notice to the possibility of such loss.
Either party can terminate this agreement with immediate effect, without prejudice to any other rights or remedies, by notice in the event that you:
commit 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;
commit any material breach which is not capable of remedy;
are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986) or become insolvent or are subject to an order or a resolution for your liquidation, administration, winding up or dissolution;
are 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 creditors generally;
cease or threaten to cease to carry on business.
If either party wishes to terminate or alter the terms of this agreement they may do so by giving 1 calendar monthss’ written notice. Clients issuing notice to PMP-HR can do so by emailing hrsupport@pmp-hr.co.uk. If you issue notice at you have used more hours than you have accrued up to that point, then you will be invoiced to settle the balance of those hours at the project rates. If you have used less hours than have been accrued, those hours will be lost.
The terms and conditions as set in this document are the full terms and conditions which govern our contract. No variation, alteration or verbal amendments shall be valid unless agreed in writing by both parties. Any representation by any representative of the Company that does not correspond to these terms and conditions will be of no force or effect.
In the event a client employs a current PMP-HR Consultant directly, a 20% non-refundable placement fee will be charged unless the individual is responding to a job advertisement having sought permission from the Director of PMP-HR and has not been approached by you to apply.
Other than as provided in these terms of business, neither party may assign, transfer, charge or otherwise seek to deal in any of its respective rights or obligations under the HR Support Overview without the prior written consent of the other party.
This Agreement represents the entire understanding between the you and us and supersedes any prior agreement between us relating to the subject matter, except as expressly stated.
These terms of use shall be governed by and construed in accordance with English law. Any disputes arising shall be subject to the exclusive jurisdiction of English courts.