Terms & Conditions

Version 3 – August 2013

These terms and conditions apply in respect of online, telephone and direct services, including (but not limited to) online/electronic services, products and materials; invoiced products, materials and/or advisory support services; online and directly supplied documents, newsletters, articles, and any combination of such formats and updating services as determined by Smart HR Solutions Limited, outlined on Smart HR Solutions Limited’s website and/or provided directly to a Purchaser.

Services provided by Smart HR Solutions Limited will be given on the understanding that Smart HR Solutions Limited is not in business as a lawyer or legal consultant. 

Purchasers who do not agree to the Seller’s Terms and Conditions should not use the Seller’s website or purchase products, materials and/or services from the Seller.

Definitions:

  • “Purchaser” means the person (or company) whose order for the sale of the products, materials/documents and/or provision of the services is accepted by the “Seller”.  Purchaser shall also mean users who subscribe to free or payable online services, purchase services either from Smart HR Solutions Limited’s website or from Smart HR Solutions Limited directly.
  • “Seller” means Smart HR Solutions Limited, a company registered in the IOM – number 124794C.
  • “Viewer” means a person who views the products or materials contained on the Seller’s website.

Copyright, Intellectual Property and Trademarks:  Copyright and all other intellectual property rights comprised in or relating to the Seller’s website (graphics, text, layout and content), products, materials/documents and/or services, including rights in registered and unregistered trademarks, belong to the Seller.  All rights are reserved.  Purchasers acquire no copyright or other intellectual property rights.  No person, whether a Purchaser, Viewer, or anyone else, is permitted to: sell, pass on, copy, reproduce, publish, post, lease, loan, distribute, transfer or otherwise deal in any of the materials/documents purchased (including: policies, procedures, letters, forms, checklists, guides and employment contracts) to any third party, either directly or indirectly, without the express prior written permission from the Seller; or forward links to documents to any third party, or publish any of the materials/documents purchased from the Seller or any extracts of them on the internet, on any website or in any document which is generally available to the public.

Usage:  Purchasers purchase and use the Seller’s products, materials and/or services for their personal purposes.  Purchasers or Viewers may not use the Seller’s products, materials and/or services for commercial purposes.  Use of the Seller’s products, materials and/or services must be for lawful purposes only. 

The purpose of the Seller’s products, materials and/or services are to assist Purchasers in the HR management of their employees, workers, sub-contractors, self-employed consultants, volunteers etc.  Any other use of the copyright or intellectual property material contained on the Seller’s website; or products, materials and/or services received by Purchasers, or obtained by Viewers, for the benefit of other parties, whether for payment or not, are strictly prohibited without the express prior written permission of the Seller.

Whilst the Seller has taken care in compiling the materials/documents contained on its website, or provided directly, they are designed for guidance and information purposes only.  They do not constitute legal advice and should not be construed as a comprehensive statement of current legislation or law.  In many cases the documents will need to be adapted to take into account of the Purchaser’s specific circumstances and therefore the Seller does not warrant that any of these documents are suitable for the Purchaser’s specific purpose.  The Seller does not assume liability or responsibility for the accuracy or completeness of information.

Each of the documents contained on the Seller’s website, or provided directly, is sold “as is” and on the basis that the Purchaser obtains appropriate legal, professional or HR advice before using it and that the Purchaser adapts any documents in order to meet their particular requirements (of which the Seller does not have any knowledge of).

The Seller reserves the right to change the contents, alter, adapt, suspend, withdraw or discontinue, and/or change fees, prices and/or delivery charges for products, materials and/or services, or any part of them, without prior notification.

Website Access:  The Seller will endeavour to ensure that its website is normally available 24 hours a day.  However, the Seller will not be liable if for any reason its website is unavailable at any time for any period.  Access to the Seller’s website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Seller’s control.

Orders:  All orders are accepted on the basis of the prevailing version of the Seller’s terms and conditions. 

Price:  The price payable for products, materials and/or services shall be the total price as specified by the Seller, less any discounts (“Invoiced Discount”) agreed in advance by the Seller with a Purchaser, plus any applicable cost of packaging, postage and delivery; plus any applicable VAT (value added tax).  All prices quoted and invoiced will be subject to any applicable VAT at the prevailing rate.  Any Invoiced Discount agreed by the Seller shall only have effect within the invoice or sales confirmation email it relates to unless specified in writing by the Seller.

Delivery:  Acceptance of delivery of products, materials and/or provision of services (or any part thereof) shall be deemed conclusive evidence of the Purchaser’s acceptance of these terms and conditions.  The Seller shall be entitled to make partial delivery or deliveries by instalments and to invoice for such deliveries as they are made.

Payment:  The Purchaser shall pay the price specified in the invoice (without any deduction) within 14 (fourteen) calendar days of the date of the Seller’s invoice, not withstanding that physical delivery may not have taken place.  If the Purchaser fails to make any payment on the due date then the Seller may charge interest on the amount unpaid, at the rate of 5% (five percent) per annum above the prevailing bank base rate.  In the event that a discount is granted, the Seller reserves the right to charge back such discount to the Purchaser if the above payment conditions are not met.   

The Seller reserves the right to offer payment by instalment amounts, which will be provided at the absolute and sole discretion of the Seller.  Instalment amounts and dates will be defined by the Seller.  Authorisation to pay by instalment will be renewed at each and every renewal date.  Where any instalment payment is not received by the Seller in accordance with any instalment payment schedule authorised by the Seller, the Seller reserves the right to terminate authorisation to pay by instalment and require payment of outstanding fees or monies within 7 (seven) calendar days. 

Online products or materials/documents purchased from the Seller’s website require immediate payment.

Payment for any person attending a training workshop/course (“Training Services”) is required in full in advance of the workshop/course date.

The Seller reserves the right to offer, decline or authorise instalment payment facilities to Purchasers and/or to change, suspend, withdraw, discontinue or charge for instalment payment facilities at any time without prior notice.  The Seller also reserves the right to reclaim any outstanding fees and payments owed to the Seller. 

Cancellation or Refund:  Once Purchasers have agreed to purchase products, materials/documents and/or services, whether electronically, in writing, by email, verbally or otherwise, Purchasers will have no right to cancel the contract with the Seller and payment will be due, which is non-refundable.  The Seller reserves the right, at its absolute and sole discretion, to agree to a partial or full refund of invoiced or advisory services.

Materials or documents purchased from the Seller’s website can be downloaded immediately and no cancellation rights exist.  Refunds are not normally possible and will only be made in exceptional circumstances. 

The following cancellation charges apply in relation to Training Services:

  • Workshops/courses cancelled 28 days or more in advance – no charge/full refund
  • Workshops/courses cancelled 27-7 days in advance – 50% charge/refund
  • Workshops/courses cancelled less than 7 days in advance – full charge/no refund

The Seller reserves the right to cancel or rearrange the dates of Training Services at its absolute and sole discretion.

Liability and Consequential Loss:  The Seller (and its Directors, shareholders, officers and employees) excludes all warranties, express or implied, relating to products, materials and/or services provided.  This includes, but is not limited to, any implied warranty that the information it provides is accurate or up-to-date or is suitable for any particular purpose.  The Seller will use its best efforts and reasonable endeavours to ensure that products, materials and services are prepared and maintained with all due care and skill and are reasonably fit for the purpose for which they are intended, and to correct any errors in the products, materials and/or services as promptly as possible.  The Seller does not warrant that availability or delivery of the products, materials and/or services will be uninterrupted or error free. 

To the full extent permissible by law, the Seller (and its Directors, shareholders, officers and employees) shall have no liability for any loss, costs, claims (punitive or otherwise), expenses incurred or damage suffered (including, without limitation, financial loss, loss of profits or anticipated loss of profits, loss of business, business revenue, goodwill, or any indirect or consequential loss), howsoever it arises.  This includes, but is not limited to, the use or inability to use the Seller’s website, the products, materials/documents and/or services provided directly by the Seller, or from any action or decision taken as a result of using the Seller’s website or any such products, materials/documents and/or services, or as a result of any customisation of or amendments made by the Purchaser to any of the template materials/documents available on the Seller’s website or provided by the Seller to the Purchaser to customise by any other means.

The Seller (and its Directors, shareholders, officers and employees) disclaims all liability and responsibility arising from any reliance placed on materials/documents accessed by any Viewer or visitor to the Seller’s website, or anyone who may be informed of any of its contents.

If a court or other body having the power to rule on disputes decides that any part of these Terms and Conditions is not reasonable or cannot be enforced, this will not affect the validity of other parts of these Terms and Conditions which will continue in full force and effect.

Governing Law:  These terms and conditions, and the contract for sale of products, materials and/or services to which they relate, shall in all respects be construed in accordance with, and be governed by, Manx Law and the exclusive jurisdiction of Manx courts.

Validity and Changes to Terms and Conditions:  Purchasers enter agreement with the Seller on the Seller’s Terms and Conditions as they exist each time they purchase products, materials and/or services, or are invoiced by the Seller.  Unless stated otherwise, amended Terms and Conditions will be effective when published/issued but will not affect Purchasers rights or obligations in respect of any products, materials and/or services they have purchased previously. 

The Seller reserves the right to modify its Terms and Conditions, without notice.  Purchasers and Viewers should read the Seller’s Terms and Conditions outlined on the Seller’s website on a regular basis to ensure they are aware of the most recent version.

Links to Other Companies or Websites:  The Seller accepts no responsibility or liability in respect of the content or use of other websites accessed via hyperlinks from the Seller’s website, nor for the accuracy of information found therein.  Such links are entirely at your own risk and should not be seen as any form of endorsement by the Seller of the organisations or businesses concerned.