Terms & Conditions for Website Use & Conditions of Business

Please read these Terms & Conditions carefully before using our website.

Osprey Human Resources Consultancy (Ospreyhrc) provides the [www.opsreyhrc.com] Web site as a service to the public and Web site owners.

By accessing or using Osprey hrc website, you agree to be bound by the provisions set out below and to use this site for lawful purposes only and in a manner consistent with any and all applicable law and regulation in any country in which you access this site.

If you do not agree to be bound in this way, do not continue to access or use our website. We may modify these provisions at any time. Any such modifications are effective immediately from the time they are included on our website. You agree to review these provisions regularly to ensure you become aware of any modifications to them.

Confidential information

Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the Internet or if we send you such information at your request.

If you choose to give us personal information via the Internet we may need to correspond with you, for example, to let you know how it will use such information. If you inform us that you do not wish to have this information used as a basis for further contact with you then we will respect your wishes.

Encryption - email

Please note that any e-mail sent to or from ourselves via this website and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to email.

We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by email.

Data protection and privacy

Information we may collect from you. We may collect and process data (including sensitive personal data, if you have given us permission to do so) about you including, but not limited to, information you provide:

  • By filling in forms on our website
  • when you contact us
  • when you respond to surveys
  • when you subscribe to receive e-mail updates from us; and
  • by way of cookies, such as details of your visits to our website and resources you access

We will comply with the requirements of all relevant data protection legislation in force from time to time. In particular users may request a copy of any personal data held by us about them upon written application. Please note we reserve the right to charge the current statutory fee for providing such information. If you believe that any personal information we hold about you is incorrect or incomplete, please contact us immediately. Any information found to be incorrect will be corrected promptly.

We intend to manage any information learned about you in an ethical manner. It will only be used for our internal purposes. If you have opted to provide us with information about yourself, we may use this information to:

  • contact you by email or other methods of communication to provide you with
    details of our services or send to you bulletins which we believe may be of interest to you
  • ensure that content from our website is presented in an effective manner for you and for your computer
  • allow you to participate in any interactive features of the website; and
  • to notify you of any changes to our services and website

If you do not want us to use the information in this way, please contact us at:

Marketing Department
07831 427234

We will not pass information we hold about you to any organisation outside Osprey hrc.

We do not collect or compile personally identifying information for dissemination to third parties for consumer or business marketing purposes. We do not sell databases or personal information to third parties. We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply these Terms & Conditions.

We can follow your navigation through our website and identify the web pages which you visited. We may use such information to build statistics on users of our website for our own use and for the use of third parties.

Links

To our site

You may link to our website homepage from a website owned and controlled by you in a way that is lawful and does not damage our reputation or take unfair advantage of it. We may withdraw linking permission without notice.

You must not use any link to our homepage to suggest any association, approval or endorsement by us.

You must not frame our website on any website.

From our site

We do not accept any responsibility for the information practices of a website you are able to access through a link on our website. We make no representations about any other websites which you may access through links on our website.

The inclusion of a link to a third party website contained on our website does not mean that we endorse that third party website.

A third party website accessed from a link on our website is independent from ourselves and we have no control over the content and/or management of that website. You view and rely upon the contents of any such third party website at your own risk. We accept no liability to you for the contents of and/or information on any third party website.

We shall have no liability to you for any loss or damage you may suffer if you enter into any contract as a result of viewing a third party website linked to our website.

We do not guarantee that any links to third party websites contained on our website will function correctly.

Forums, notice boards and chat rooms

Any views expressed on any notice board, forum and/or chat room are not the views of Osprey hrc but the views of the contributor of that material.

Any notice boards and/or forums or other similar communication channels must not be used by you to upload, distribute, publish or otherwise disseminate any material which is or may be libellous, defamatory, obscene, pornographic, abusive, illegal, invasive of any privacy and/or publicity rights, infringing of any third party intellectual property rights, criminal, in violation of any law or which is otherwise objectionable.

Any material you upload, distribute, publish or otherwise disseminate via our website will be non-confidential and non-proprietary. We have the right to use, copy, upload, distribute, disclose, publish or otherwise disseminate any such material to any person for any purpose. We have the right to disclose your identity to any person who claims that any material you upload, distribute, publish or otherwise disseminate via our website infringes their rights.

We may remove any material from our website at any time.

We are not able to continuously monitor the material relating to any notice board, forum and/or chat room. If you think that any material on any notice board, forum and/or chat room is offensive, infringes your rights or is otherwise inappropriate please contact us immediately.

Intellectual property

All website design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this website are copyright Osprey hrc unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.

Infringement of our copyright in this website or the materials associated with this website may lead to criminal and/or civil sanctions in the UK, US and other countries.

Permission is granted to you to electronically copy and to print hard copy portions of this website for the sole purpose of using this website as a research and information resource provided you agree not to change and/or delete any content, web design and/or layout contained in that material and acknowledge us (and any identified contributors) as authors of such material. Any other use of materials on this website including modification, distribution, or republication is strictly prohibited.

If you copy, print or download material from our website in breach of these Terms & Conditions, you must immediately cease to use our website and erase, destroy and/or return any unauthorised materials to us.

If you believe that any content of our website in any way infringes intellectual property rights belonging to you or any third party, please contact us immediately.

Viruses

Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.

We will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar destructive code.

We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing our website and/or any other communication via the Internet between you and ourselves.

It is your responsibility to scan what you choose to download from our website to ensure that it is free of such items as viruses, worms, Trojan horses, logic bombs and other similar destructive code.

You must not introduce any viruses, worms, Trojan horses, logic bombs or other similar destructive code to our website, attempt to gain unauthorised access to our website, the server on which it is stored or any server, computer or database connected to our website, nor attack our website using a denial of service attack. To the extent that you do any of these things, we may report such activities and disclose personal data relating to you to any relevant law enforcement agency.

General disclaimers

Neither we nor any of our affiliates, principals, partners, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of and/or inability to use this website.

We are only providing this website and its contents on a ‘as is’ basis and we make no (and expressly disclaim all) representations or warranties of any kind with respect to this website its blogs and contents including without limitation warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible from or via this website is accurate, complete or current.

Materials on our website are commentary, not advice. We will not be liable for any losses arising out of reliance placed on any such materials by you, or any person informed of its contents. If you would like bespoke advice in relation to any matter, please contact our Principal, Paul Middlemast on 07831 427234 or .

The limitations of liability in relation to this website apply to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

The limitations of liability in relation to this website do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law.

Your use of our website is subject to English law. Any dispute and/or claim arising out of this website is subject to the nonexclusive jurisdiction of the English Courts.

You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the internet service.

Any rights not expressly granted by us are reserved.

Conditions of Business

We value our reputation for high professional standards and are committed to providing you with the highest quality service and handling your instructions with professional skill, care and attention.

We believe it is important to establish a clear understanding of the basis upon which our services are provided to you.

Introduction

At Osprey hrc we value our reputation for high professional standards. We are committed to providing you with the highest quality of service and handling your instructions with professional skill, care and attention. We believe it is important to establish a clear understanding of the basis upon which we provide our services. These Conditions of Business and any the accompanying Letter of Engagement and/or agreement aims to do that and form the basis of the contract between you and us.

There may be parts of these Conditions of Business which are not immediately relevant to the work we are doing for you but, as our objective is to build a lasting relationship with our clients, we believe it is appropriate to provide you at the outset with a comprehensive description of the terms upon which we do business.

We are required to operate in accordance with the rules and ethics of the Code of Conduct issued by the Chartered Institute of Personnel and Development (CIPD) HR Professionals Regulation Authority.

International Work

International work where we carry out services with an international element, it may be necessary or advisable to seek advice from lawyers in other relevant jurisdictions. Where foreign lawyers or other foreign professionals are instructed, can either be instructed directly by you or if you wish through Osprey hrc. Where you instruct directly: any involvement we may have with them is wholly as your agent. Accordingly, we are not liable to pay their charges and you should make arrangements to pay them direct.

Charges

Cost is a central consideration in any business decision. Our charging practices therefore focus on providing a professional service, charging our clients a rate for the services which is demonstrably fair and reasonable. We attempt to be flexible in our charging approach and are happy to consider with you a variety of alternatives including for example retainer fees (agreements), fixed fees, estimated fees, project fees and hourly rates. Which of these is appropriate will depend on the type of work and/or your preference. In determining our approach to fees we take into account the following:

  • the complexity of the matter or the difficulty or novelty of the questions raised;
  • the skill, labour, specialised knowledge and responsibility involved in the work;
  • the level of lawyer and expertise appropriate to the work;
  • the number and importance of documents considered and prepared;
  • the place where, and the circumstances in which, the work is carried out;
  • the importance of the matter to you; and
  • the length of time the matter will take

As our time and expertise is the core element of our service, time spent is the predominant factor in determining our charges. Our aim always is to carry out your instructions at the level of seniority appropriate for the provision of an efficient and economic service. We try to ensure that you are kept fully up to date with fees as they are incurred and we advise of any change in circumstances that has a bearing upon previous information given to you about fees.

Unless we agree otherwise with you, we will update you on the level of fees at least every six months and at any time upon request. As time devoted to your instructions and work cannot be reallocated elsewhere, unless specifically agreed with the Principal, we will generally charge for work even where the work you have instructed us on does not proceed to completion. There are a number of different bases upon which we may charge for our services. Our Letter of Engagement will normally specify which basis is to apply to a particular matter, but if no specific basis of charging is expressly agreed with you then you will be charged based on our hourly or daily rates.

File storage

We will store details and other papers relating to your matters for such time as we judge reasonable or for such time as we are required by law to do so. This is usually at least six years. Files or papers may be preserved by means of image processing or digital means. We shall dispose of files or papers at the expiry of the relevant storage period in accordance with our office procedures.

We do not normally make a charge for retrieving stored papers in response to new or continuing instructions to act for you. However, we reserve the right to make a charge based on our current hourly rates for the time we spend reading papers, writing correspondence and/or carrying out other work necessary to comply with your instructions. In all other circumstances, if you request the return of stored files or papers, we reserve the right to charge a fixed amount of £250 to retrieve and review the papers.

Data protection

The information which you have and/or will provide to us will be used by us in fulfilling our obligations to you in relation to any matter on which we are instructed by you.

We will not pass your information to any third party other than for this purpose unless you give us permission to do so. We may therefore pass this information to third parties for use by them to perform services and/or supply products which are reasonably necessary for us to perform our services for you. You give your consent to such information being passed to such third parties.

We would also like to use your information to let you know about services offered by us which we think will be of interest to you, to inform you of new HR and legal developments and to conduct satisfaction surveys.

You will only receive this type of information by email if you have either confirmed to us that you are happy to receive this type of information in this way and/or you have not informed us that you do not wish to receive it.

If at any time in the future you wish to stop receiving any marketing information from us then please contact a member of our Marketing department on 07831 427234, by email at .

Insurance, liability and third parties

We carry professional indemnity insurance for the services we provide. Contact details of our insurers are available on request. Unless otherwise stated in the accompanying Letter of Engagement, our liability to you for the provision of services by, or any advice given or failed to be given by, Osprey hrs or any of its shareholders, officers, employees, agents or consultants (including, without limitation, any act or omission by or for Osprey hrc and any default in carrying out your instructions) is limited to £1,000,000. This amount:

  • applies to all liabilities whether in contract, tort (including negligence), breach of statutory duty, breach of fiduciary duty, breach of retainer or otherwise;
  • applies per act, omission, matter or transaction (or per series of related acts, omissions, matters or transactions); and
  • includes all damages, claims, actions, proceedings, demands, awards, compensation, costs, expenses and all other losses or liabilities

Our liability to you in respect of the matters referred to above is also limited so as to be in proportion to our contribution to the overall fault for such matter, taking into account any contributory negligence by you, you’re other advisers or any other third party responsible to you and/or liable in respect of that matter. We shall not be responsible for any increased liability falling on us as a result of any limit which you have agreed with any third party or which otherwise falls on us as a result of the contributory negligence of any third party against whom you do not make recovery for any reason.

We exclude, to the extent permitted by law, any and all liability for any damages, claims, actions, proceedings, awards, compensation, costs, expenses and all other losses and/or liabilities to third parties who are not a client of ours in relation to the relevant matter.

No use may be made of any advice we give to you where such use would expose you or us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

We exclude any and all liability for damages, claims, actions, proceedings, demands, awards, compensation, costs, expenses and all other losses and/or liabilities arising out of or in connection with any such use of any advice we give to you.

You agree not to bring any claim in respect of loss and/or damage suffered by you arising out of and/or in connection with the services provided by us (including but not limited to negligence or non-performance of the services by us) against any individual shareholder, officer, employee, agent and/or consultant of Osprey hrc. This restriction will not operate to limit or exclude the liability of Osprey hrc for the acts and/or omissions of any individual shareholder, officer, employee, agent and/or consultant of Osprey hrc. It is agreed that any individual shareholder, officer, employee, agent and/or consultant of Osprey hrc will have the right to enforce this clause under the Contracts (Rights of Third Parties) Act 1999.

You agree to indemnify us and keep us indemnified against any damages, claims, actions, proceedings, awards, compensation, costs and expenses and other losses and/or liabilities which arise from a third party obtaining from you any aspect of the advice provided by us, unless we have agreed in writing to accept liability to such third party or the third party was a client of ours in relation to that advice.

All third party rights are excluded and no third party may enforce the contract between you and us unless we expressly agree in writing to the contrary or as stated in these Conditions of Business. We may accept liability to third parties in appropriate cases. We do this only where we expressly agree to do so in writing and in any event it is subject to these Conditions of Business to the extent that they refer to our liability. Our fees may be adjusted to reflect this additional risk.

If you wish to extend the limit of our liability for any particular matter then we may agree a revised limit in writing with you. Our fees may be adjusted to reflect this additional risk. In acting for a company, we do not assume a separate legal responsibility for advising shareholders and/or directors and/or employees of the company unless specifically requested by such individuals to do so and the giving of such advice is the subject of a separate Letter of Engagement. Each of the limitations and/or exclusions contained in these Conditions of Business is deemed to be repeated and apply as a separate provision for each of liability in contract (including material/ fundamental breach), liability in tort (including negligence), liability for breach of statutory duty and liability for breach of common law except our cap on liability which applies once to cover all of these bases of liability.

The above limitations do not limit and/or exclude our liability for death or personal injury due to our negligence, liability for our fraud or fraudulent misrepresentation and/or any other liability of ours which it is not permitted to limit and/or exclude as a matter of applicable law.

Jurisdiction

The arrangements between us (whether contractual or non-contractual) are governed by the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the English courts in the event of any claim or dispute (whether contractual or non-contractual). These Conditions of Business are important. Please keep them in a safe place for future reference.

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