Terms and Conditions
These terms provide you with information about us and the legal terms and conditions (“Terms”) on which we shall provide access to a range of standard-form precedent documents (“Precedents”) listed [below/on this website] to you.
These Terms will apply to any contract between us for the provision of access to the Precedents to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Precedents from our website. Please note that by ticking the box below, you agree to be bound by these Terms.
Please tick the box at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to download any Precedents from our website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to download Precedents, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, any Contract between us and the Precedents, are only supplied in the English language.
1. Information about us
1.1 We operate the website www.eaglehr.co.uk. We are EAGLE HR LIMITED, a company registered in England and Wales under company number 07881716 and with our registered office at 5 Deansway, Worcester, WR1 2JG. Our main trading address is 5 Deansway, Worcester, WR1 2JG. Our VAT number is 158 0271 17.
1.2 To contact us, please see our Contact Us page.
2. Our Precedents
2.1 The descriptions of the Precedents on our website are for illustrative purposes only. Although we have made every effort to ensure that the Precedents fit a range of diverse scenarios, we do not guarantee that the Precedents will be suitable and/or relevant to all circumstances. We would strongly recommend that you contact us if you require any specific and/or tailored advice (such advice subject to quotation upon request by contacting us at [email protected]).
2.2 All Precedents available for download on our website are correct as at the date the documents are uploaded. We will use our reasonable endeavours to update the Precedents from time to time, to reflect any material changes in the law.
2.3 You agree and acknowledge that after downloading the Precedents, you are wholly responsible for any amendments (including deletions) applied to the Precedents. Subject to clause 10.2, in no circumstances shall we be liable for any loss or damage incurred by you in connection with any amendments applied to the Precedents. Any advice concerning tailoring and/or amendment to the Precedents by us shall be subject to individual quotation by contacting us at [email protected]).
3. Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. Purchase of Precedents
5.1 By agreeing to these Terms, you confirm that you are purchasing the Precedents for business purposes only, and have authority to bind any business on whose behalf you use our website to purchase the Precedents.
5.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the contract is formed between you and us
6.1 After you have confirmed you agree to purchase the Precedents, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.2.
6.2 We will confirm our acceptance to you by sending you an e-mail that confirms your password details in order to access the Precedents. The Contract between us will only be formed when we send you your password and we reserve the right to refuse to enter into any Contract at our sole discretion.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time following any changes in how we accept payment from you and/or any changes in relevant laws and regulatory requirements.
7.2 Every time you download Precedents from our website, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8.1 The price to download the Precedents will be as quoted on our website from time to time and will provide you with access to download the Precedents for a period of 12 months from the date you enter into the Contract with us. Prices may change from time to time in respect of any new order placed to access the Precedents, but changes will not affect any existing Contract.
8.2 The Price is exclusive of amounts in respect of includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.3 The Price includes access to the secure area of our website to download the Precedents only. The Price does not include the provision of further advice in respect of i) the use of any Precedent, ii) whether the document is suitable for any scenario under consideration by you at the time of downloading the Precedent, or iii) any other advice in connection with any other legal matter. Any further advice shall be subject to quotation by contacting us at [email protected].
9. How to pay
You can only pay for access to the Precedents using PayPal.
10. Our liability
10.1 We only supply the Precedents for internal use by your business, and you agree not to use the Precedents for any re-sale purposes.
10.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited or excluded by applicable law.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Precedents. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Precedents are fit for any purpose.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or any failure by our website hosting providers.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. Communications between us
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
12.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our website, immediately. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Other important terms
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 Any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
I confirm that:
i) I have read and understood the Terms outlined above;
ii) I am entering into this Contract as a business purchaser and not as a consumer; and
iii) I agree to be bound by the above Terms