1. Levels of service
In all cases it is our intention to offer all users of XpertHR a
reliable and excellent level of service.There will be two levels of service provided to XpertHR subscribers:
a. The Standard Service allows users to email and/or telephone a
question to Abbey Legal Services ("ALS").
b. The Enhanced Email Service which will give an additional right
to receive a written response by email.
2. Service Availability
Standard service:
a. Emailed questions sent under the standard service will be responded
to by telephone within one hour during working hours (9am-5pm) except
bank holidays and weekends. Emails received after this time will be responded to within two hours of
the start of the next working day.
b. The telephone helpline is available 24 hours a day 365 days a
year.
c. Where reasonably possible, all calls will be immediately
handled by an appropriate advisor. Where a call cannot be handled immediately
we will endeavour to contact you within one hour
d. Outside working hours calls will be diverted to a duty
solicitor or barrister.
Enhanced email service:
a. Users of XpertHR have the same entitlement as the Standard
Service.
b. In addition, they are entitlement to receive, when requested,
a response by email to an emailed question or a question asked via the
telephone.
c. The email service is available 9am to 5pm Monday to Friday
(except bank holidays).
d. Emails received after 5pm, which require a written
response, will be answered within two hours of the start of the next working
day.
3. Acceptance of terms
Before using the services (the "Services") please read these terms and conditions
of use. By e-mailing or telephoning
your query to us you agree to be bound by these terms and conditions of
use and they shall apply on each occasion when you use the Services. We reserve
the right to review and revise
these terms and conditions of use from time to time and while we will endeavour
to notify you in advance of such changes, we are not obliged to do so.
By using the Services subsequent to
any revision of the terms and conditions of use, you agree to be bound by such
changes. If you find these terms
and conditions of use to be unacceptable, you will not be entitled to use the
Services and we shall have no further obligation to you in that respect.
4. The services
The Services are designed to provide guidance on employment law. They are
not intended to replace detailed legal consultation.Both services are limited to advice by telephone or
email relating to UK employment law (including the law as applicable to
Northern Ireland but excluding the Channel Islands and the Isle of Man).
We reserve the right to respond to
an email query by telephone when necessary irrespective of the service provided.
Our response is subject to the
following specific conditions (and failure to meet any one or more of those
conditions will entitle us to refuse to provide or discontinue the Services
with no additional liability to the service provider):
a. The enquiry must be made by you for or on behalf of the
business or organisation you work for.
b. The enquiry must relate to people employed by your business or
organisation.
c. The service not being used excessively as defined by the
general usage of the scheme, and determined solely by us.
d. The enquiry must not be overly long or complex (in our
opinion).
e. Although we will endeavour to apply specialist industry or
sector knowledge when answering an enquiry, in general terms your enquiry
should not require specialist industry or sector specific knowledge in order to
provide an answer.
In addition, we reserve the right to refuse to provide or discontinue
the Service for internal policy reasons or other results of any conflict
check which we may (at our discretion) carry out that show an actual or
potential conflict of interest or where legally we are unable to provide the Service
to you (for example, where we are prevented from doing so as a result of
our obligation to comply with the solicitors practice rules). We also reserve the right not to provide the
Service if any force majeure event arises (as defined in paragraph 6 below) or
in relation to enquiries which would entail an unreasonable amount of research
on our part.
5. Security
Access to the Services will only be given to users of XpertHR who
have been authenticated to us by XpertHR.We may (at our discretion) conduct a conflict check. In the event that
such conflict check shows an actual or potential conflict we reserve the right
to refuse to provide you with the Services.
6. Data transfer and confidentiality
You agree to provide such information which is reasonably necessary
for us to provide the Service.If you do not provide the information we require then we shall be entitled
not to provide the Service to you. We are registered under the Data Protection Act 1998 and we are
committed to protecting your privacy. We store all email correspondence and
record telephone conversations. These are kept for a period of 12 months. The
information you provide to us may be stored on computer and we may use the
information you provide us to provide a more personalised service and to tell
you about changes in our service which we believe you will find valuable. We do
not sell, trade or rent personal information to others. While every effort will
be made to protect the confidentiality of any correspondence between us, we
cannot guarantee the confidentiality of communications sent by e-mail.
You agree that you will keep confidential and not disclose to any
third party any correspondence between us without our prior written consent.
We do not claim ownership of the information that you provide to
us whilst using the Service. By submitting such information to us, you grant to
us a royalty-free, perpetual and non-exclusive licence to use, reproduce,
modify and print such information solely for the purpose of the provision of
the Services to you.
While we do not anticipate preparing any documents for the purposes
of providing the Services, our working papers, draft documents and copies
of e-mails sent by us will remain our property and any copyright in any document
created by us will be and remain vested in us and will not be transferred
to you. We assert our right
to be identified as the author of and to object to the misuse of such
documents.
7. Disclaimer
We do not warrant that: (i) the Services will meet your specific
requirements to your satisfaction; (ii) the Service will be uninterrupted or
completely error free; Nothing in these terms and conditions of use shall
exclude or limit our liability for death or personal injury resulting from our
negligence or fraudulent misrepresentation nor affects your statutory rights.
If we are prevented or delayed in or from carrying out the
Service as a result of something beyond our reasonable control such as but not
limited to governmental acts, war, riots, strikes or trade disputes (including
by and with our own employees), technical failure (including without limit
telephone system or network failure, computer shutdowns and power outages which
prevent us from receiving sending or transmitting e-mails on the internet),
flood, fire or explosion, natural or local emergency (a "force majeure
event"), will have no liability to you for this.
8. Termination
We may terminate your access to the Services by giving you notice
in writing (by e-mail or other appropriate means) if you do not comply with any
of these terms and conditions. The provision of the Services shall terminate
automatically without notice in the event that our contractual relationship
with the owners of XpertHR comes to an end (for whatever reason).
9. General
Your use of the Services in accordance with these terms and
conditions of use will be governed by English law. If you have any disputes
with us in connection with the Service then such disputes will be exclusively
resolved in the English courts.
We will only correspond by e-mail and any notices we need to send
to you would be sent to your e-mail address.
If any provision of these terms and conditions of use is
unlawful, void or unenforceable, then that provision shall be deemed severable
from the remaining provisions and shall not affect their validity and
enforceability.
The Services is provided solely for your own use and you shall
not disclose the content or any advice we provide to you in connection with the
Services to any third party without our prior written consent. If there is
anything contained in these terms and conditions of use which you do not fully
understand, please contact us on the e-mail address given above and we will do
our best to further explain or clarify any of the paragraphs which you do not
understand.