AGREED TERMS – ONLINE SUPPORT CONSULTATIONS
These are the terms and conditions on which we will provide our online support consultation service (Services) to you.
Please read these terms carefully before you place your booking with us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the booking, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
Your attention is particularly drawn to the provisions of clause 14 (Limitation of liability).
1. About us
1.1 We are Tap HR, an unincorporated business owned and operated by Patricia Hewitt. Our main trading address is at 70 Glenfields North, Whittlesey, Peterborough PE7 1FU.
1.2 You can contact us by telephoning 07916 308900 or by writing to us at hithere@taphr.co.uk or 70 Glenfields North, Whittlesey, Peterborough PE7 1FU.
1.3 If we have to contact you about your booking we will do so by telephone or by writing to you at the email address you provided to us at the time of your booking.
2. Our contract with you
2.1 These terms and conditions (Terms) apply to the booking made by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 You should print off a copy of these Terms or save them to your computer for future reference.
3. Placing a booking and its acceptance
3.1 Please follow the on-screen prompts to make your booking. Bookings will only be accepted using the methods set out on our website. Each booking is an offer by you to buy the specified online consultation service subject to these terms.
3.2 Our booking process allows you to check and amend any errors before submitting your booking request to us, including the date on which you wish to receive your consultation service. Please check the booking details including the selected date carefully before confirming it. You are responsible for ensuring that your booking details are complete and accurate.
3.3 Our acceptance of your booking will take place when we email you to confirm it (Booking Confirmation), at which point a contract will come into existence between you and us in relation to that booking. The Contract will relate only to the service confirmed in the Booking Confirmation. Additional Services will require additional bookings to be placed. If you have not received a confirmatory email within 1 hour of your booking, please contact us as soon as possible.
3.4 If we are unable to accept your booking, we will inform you of this at the time of your booking request and will not charge you for the booking.
3.5 If you have already made a booking but we are no longer able to fulfil this, we will inform you of this by email as soon as reasonably practicable. This might be because of unexpected limits on our resources which we could not reasonably plan for, lack of staff availability, or unexpected technical difficulties.
3.6 Bookings will only be available for advice to businesses operating within mainland UK. You may make a booking from outside of the UK but we are unable to advise businesses who do not operate within mainland UK due to the different practices and legal requirements adopted in other countries with which we are not familiar.
4. Changes to your booking
4.1 If you wish to make a change to your booking, including the date or time of booking, please contact us with as much notice as possible. We will let you know if the change is possible.
4.2 If it is possible to make a change to your booking, we will let you know about any changes to the price of the booking (as set out in our pricing structure on our website), the timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change to the booking.
5. Our services
5.1 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.2 We warrant to you that the Services will be provided using reasonable care and skill.
5.3 We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5.4 Subject to our right to amend your booking as set out in clause 5.5, we will fulfil your booking in accordance with our specified standards of service.
5.5 Once your booking has been confirmed, we reserve the right to make changes to the booking at any time if appropriate, but if we do so we will notify you in advance.
6. Your obligations
6.1 It is your responsibility to ensure that:
(a) the details of your booking are complete and accurate, including the date and time of your consultation, we will not be responsible for any inaccuracies in your booking if you have provided us with incorrect details e.g. wrong dates, email addresses;
(b) you cooperate with us in all matters relating to the Services;
(c) you are available online promptly at the notified start time for your consultation,
(d) if you are not able to attend your booked consultation, you provide us with notification as soon as possible to cancel or re-arrange your booking. If you have not contacted us to re-arrange your booking, or have not joined the online consultation within 10 minutes of the booking start time, the booking will be deemed to be cancellation and you will not be entitled to any refund;
(e) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(f) you will comply with any additional obligations as may be specified by us.
6.2 We will require certain information from you so that we can fulfil your booking, for example, your name, contact number, and email address. This will have been stated in the booking system on our website at the time when you placed your booking with us. If you do not give us this information at the time of booking, or if you give us incomplete or incorrect information, we may either cancel the booking (and clause 10.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
6.3 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 or provide us with the required information as set out in clause 6.2 (Your Default):
(a) without limiting or affecting any other right of remedy available to us, we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 10 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services;
(c) be entitled to payment of the charges despite any such prevision or delay; and
(d) it will be your responsibility to reimburse us for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6.4 We will not be responsible for any inaccuracies in your booking if you have provided us with incorrect information and no refunds will be given if you have provided us with incorrect details e.g. dates, telephone numbers or email addresses.
7. Charges
7.1 Our charges are the prices quoted on our site at the time you place your booking and are exclusive of VAT. If you wish to change your booking after we have sent you a Booking Confirmation, and we agree to such change, we will be entitled to revise our charges for the booking accordingly depending on the change requested.
7.2 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.4 for what happens if we discover an error in the price of the booking you have made for a particular Service.
7.3 Our charges may change from time to time, but changes will not affect any booking you have already placed. We reserve the right to increase our charges on an annual basis and any such increases will be displayed on our website.
7.4 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price is less than the price stated on our site, we will charge the lower amount. If the correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing with the booking at the correct price or cancelling your booking. We will not confirm your booking until we have your confirmation you wish to continue. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing.
8. How to pay
8.1 Payment for all bookings for the Services is required in advance. We will take your payment at the time of booking. We accept all major credit and debit cards.
8.2 We will send you an invoice/receipt within 24 hours of the payment being made to the email address stated on the Booking Confirmation. For any failed or cancelled payments, a £20 administration fee will be levied.
8.3 If you think we have provided you with an incorrect price for your booking, please contact us promptly to let us know so that we can investigate your query.
9. Cancelling your booking and obtaining a refund
9.1 You may cancel the Contract and end your agreement with us. If you wish to cancel your Contract, please notify us as set out in clause 9.5.. Your rights when you cancel the booking will depend on whether there is anything wrong with our services, how we are performing, and when you decide to cancel.
9.2 In the event that you cancel the Contract after receiving your Booking Confirmation (other than for a reason set out in clause 9.3) and notification has been given to us in accordance with these Terms, the following refunds will be given in respect of the Services booked:
(a) cancellation received 24 hours or less before the date of the booking: no refund;
(b) cancellation received between 24-72 hours before the date of the booking: a refund of 50% of the charges will be provided; and
(c) cancellation received more than 72 hours in advance of the date of the booking: a full refund will be provided,
SAVE THAT no refunds will be given where notice of cancellation is received and a simultaneous request for a new booking on an alternative date and time is made, in such instances your payment will be transferred in full to the date of the new booking.
9.3 If you are cancelling a booking for a reason set out below, your booking will be immediately cancelled and we will provide you with a full refund you. The reasons are:
(a) we have told you about an upcoming change to our services or these terms which you do not agree to;
(b) we have told you about an error in the price of the booking and you do not wish to proceed;
(c) there is a risk that your booking may be delayed or unable to be fulfilled because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
9.4 Subject to clause 16.4, we require a minimum of 24 hours’ notice of cancellation for any refund to be given. If you decide to the cancel the booking less than 24 hours’ before the time of the booking other than for the reasons set out in clause 9.3 and no request is made for us to re-arrange the booking to an alternative date and time, you will not be entitled to any refund.
9.5 Please let us know if you wish to cancel your booking by calling us on 07916 308900 or email us at hithere@taphr.co.uk. Please provide your name, booking reference, date of booking and, where possible, your phone number and email address. We will email you to confirm we have received your cancellation. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
9.6 If you are entitled to a refund under these terms we will refund you the price you paid for the booking by the method you used for payment.
9.7 We will make any refunds due to you as soon as possible. In all cases, your refund will be made within 14 days of you telling us you wish to cancel the booking.
10. Our rights to cancel or reject the booking
10.1 We may cancel or reject your booking at any time if:
(a) you do not make payment at the time of booking or your payment is rejected, fails or is cancelled after the Booking Confirmation has been issued;
(b) you do not provide us with information that is necessary for us to fulfil the booking e.g. a valid email address;
(c) you do not, within a reasonable time of the start time for the booking, make yourself available online via the access link provided to you to us to enable us to provide the Services; or
(d) it is not possible for us to fulfil your booking due to a lack of availability of resources.
10.2 We and our staff have the right to refuse to provide Services to anyone who we suspect to be under the influence of alcohol or drugs and whose behaviour we believe is not acceptable for us to properly provide our Services, regardless of booking.
10.3 If we end the contract in the circumstances set out in clause 10.1(d) we will refund any money you have paid in advance for your booking. No refunds will be given in any other circumstances set out in this clause 10.
10.4 Cancellation of the booking will not affect your or our rights and remedies that have accrued under these terms as at the time of termination.
11. Complaints
If a problem arises or you are dissatisfied with our service, please contact us in the first instance in order that we can try to resolve your complaint. A copy of our complaints policy is available on request.
12. Intellectual property rights
All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
13. How we may use your personal information
13.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will process your personal information in accordance with our Privacy Statement; https://www.taphr.co.uk/privacy-and-cookies, the terms of which are incorporated into this Contract.
13.3 By supplying your email address and mobile number at the time of booking, you permit us to use those contact details to confirm your booking and provide notifications relating to the same.
13.4 We will not share your details with any third parties.
14. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
14.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.2 Subject to clause 14.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of use or corruption of software, data or information;
(e) loss of or damage to goodwill; and
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
14.4 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
14.5 Nothing in these Terms limits or affects the exclusions and limitations set out in our Terms and Conditions of Use https://www.taphr.co.uk/terms-of-use
14.6 This clause 14 will survive termination of the Contract.
15. Confidentiality
15.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 15.2.
15.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 15; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
15.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
16. Events outside our control
16.1 We will use all reasonable endeavours to ensure that we provide the Services at the time specified for your booking and to join the online session at the given start time for the booking. Start times are estimates only and failure to join at the given start time will not give you any right to cancel your booking save as set out in clause 9.
16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control) including, but not limited to, acts of God, flood, fire, accident, strikes, power failure or breakdown of computer systems. If such circumstances arise which mean we are unlikely to be able to fulfil your booking, or it may be subject to delays, we will contact you as soon as reasonably possible to notify you, but if there is a risk of substantial delay you may contact us to cancel the booking and receive a refund for any booking you have paid for but which has not been fulfilled.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract or our ability to provide the Services in accordance with your Booking Confirmation:
(a) we will contact you as soon as reasonably possible to notify you and provided we do this we will not be liable for delays caused by the event; and
(b) our obligations under the Contract will be suspended and we will contact you to arrange a new date for fulfilment of the booking and provision of the Services with you after the Event Outside Our Control is over.
16.4 If we are unable to arrange a new date for the provision of the Services, you may cancel the booking and receive a refund for any Services paid for but which have not been provided due to the occurrence of an event under clause 16.2. To cancel please contact us as set out in clause 9.5 above.
17. Communications between us
17.1 When we refer to "in writing" in these Terms, this includes email.
17.2 Any notice or other communication given under or in connection with the Contract must be in writing and be sent by pre-paid first class post or other next working day delivery service, or email.
17.3 A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission.
17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
18.1 These Terms and the Contract are made only in the English language.
18.2 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
18.3 We may assign or transfer our rights and obligations as set out in these terms to another entity. You may not assign or transfer your rights or obligations under these terms to any other person.
18.4 Any variation of these terms and the agreement between us in relation to the booking will only be effective if it is confirmed in writing between us (or our authorised representatives).
18.5 Each clause of these terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
18.6 The Contract is between you and us. No other person has any rights to enforce any of its terms.
18.7 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to fulfil the booking, we can still require you to make the payment at a later date.
18.8 These terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these terms to the exclusive jurisdiction of the English Courts.