Terms of Engagement
The following terms apply to all engagements with HR Refresh Ltd (trading as Modern HR and hereafter referred to as Modern HR).
This means these terms and conditions will apply if you buy our products or services or if you use any free resources we may offer from time to time or read our blogs, so please read them carefully.
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our website www.modernhr.co.uk or upon your first interaction with us, via phone, face-to-face, joining any Facebook groups, video calls or webinars.
If you do not agree to be bound by these terms and conditions, you should cease engagement with Modern HR immediately and stop using this Website and any platforms which contain our content.
Use of Site
You assume total responsibility and risk for the use of this site and the internet. We shall not be liable for any cost or damage arising directly or indirectly from any transactions, including any viruses.
Our products and services are created in accordance with the laws of England and you are required to comply with these laws. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.
Laws in other countries may differ and therefore our products and services may not be suitable. It is your responsibility to read the full product descriptions before purchase.
When you place an order on our site, we will automatically create an account for you, which may hold your personal data, payment data and order information and by using this site, you agree to this.
Only one account is permitted per person. Creating multiple or fake accounts is classed as breaching these terms and conditions.
Due to the digital nature of all the products on this site, no refunds can be given in any circumstances. This is to protect our content from those who purchase, download, get a refund but still the content.
Also, as everything is digital, there is no way of ‘returning to us’ for a refund as you would with physical products. However, we want you to be happy with your purchase, so if you've bought something in error or have any issues, please do get in touch and we will do our best to help find the best solution.
If you have any technical issues, such as download links not working or corrupt files within a bundle, then please contact email@example.com as soon as possible and we will be happy to assist you and help you get the files you paid for.
Any communication between us is confidential and we shall take all reasonable steps to keep your information confidential, except where we are required to disclose it by law. Unless we are authorised by you to disclose information on your behalf, this undertaking will apply during and after our engagement.
We reserve the right to mention that you are a client if you engage in any of our services. As stated above, we will not disclose any confidential information without your agreement.
In addition, we also reserve the right to use you as a case study on the condition that we protect your identify and do not disclose names or company names.
It is agreed that Modern HR and its staff are not employees of your business. Neither party may act as an agent for or make a commitment on behalf of the other party.
Quality of work
We work hard to maintain an exemplary level of service at all times. Every effort is made to ensure that the information provided on this site is accurate and up to date, but no legal responsibility is accepted for any errors, omissions or misleading statements.
If at any stage you feel that you have not received the quality of service you were expecting, please contact Mandy Hamerla.
Reliance on advice
HR Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during a meeting or telephone call) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
The information contained on this Website or our social media sites and the resources available for download through this website are not intended as, and shall not be understood or construed as, legal advice. Modern HR is an HR Consultancy and not a Law Firm and therefore should not be a substitute for legal matters or advice required from a qualified lawyer.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a lawyer to address your particular information.
Template documents and self-help guides are by their nature inherently risky as they have not been drafted with your particular circumstances in mind. However, the vastly reduced price of a template document compared to a bespoke document reflects that risk and will protect your business more than not having any document in place. We will not be liable for any matter arising out of your use of our templates. The tools and templates are relevant to English law only and are not suitable for any business governed by the laws of another jurisdiction. If you decide to tailor any HR/legal templates, you do so at your own risk and we accept no liability for the incorrect use/completion of forms or documents. We always encourage you to seek professional HR/legal advice before making changes.
Limitation of liability
We will provide services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by negligence or wilful default.
However, to the maximum extent permitted by law, we will not be responsible for any losses, damages, costs, expenses or penalties where you or others supply incorrect or incomplete information, or fail to supply any appropriate information or where you fail to act on our advice, instructions or respond promptly to communications from us.
We cannot be held liable for any claims or actions of your employees. And we will not be held liable for any incidental, indirect, consequential, punitive or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships.
Where any damage or loss is suffered by you which we would be joint and several liable with any third party(ies), you agree that the extent to which that damage or loss will be recoverable by you from Modern HR, will be in proportion to our contribution to the damage or loss and will not be increased because of your inability to recover from any third party(ies); or any limitation of liability which you have agreed with any third party(ies).
Limitation of liability in relation to third parties
All documents and advice that we provide to you are for your sole use and not for any third party, unless we have expressly agreed in writing that a specified third party may use our documents or rely on our advice. We will accept no responsibilities to third parties for any aspect of our professional services for work that is made available to them by you.
You agree to indemnify us and our partners, consultants and employees in respect to any claim (including, but not limited to, any claim for negligence) arising out of any unauthorised disclosure by you or by any person for whom you are responsible, of our advice and opinions, whether in writing or otherwise.
This indemnity will extend to the costs of defending any such claim, including payment at our usual rates for the time we spend defending it.
It is your responsibility to ensure you have adequate insurance in place, specifically employer’s liability insurance, which protects you against the cost of compensation claims arising from employee illness or injury, sustained as a result of their work for you. We cannot be held liable for any claims or actions of your employees.
Intellectual property rights
We are the owner of all intellectual property rights on our site, and the material published on it. Those works are protected by copyright laws and all such rights are reserved. You may print off one copy and may download extracts of any pages or posts for your personal use. However, you may not modify or use photographers, content or audio for commercial purposes without gaining written permission from Mandy Hamerla in advance. If you print off, copy or download any part of our site in breach of these terms, your right to use this website will cease immediately and you must return or destroy and copies of the materials at our request.
You agree that you will not systematically copy Free or Paid Content from our Website with a view to selling, making a profit or using it for any purpose that competes with Modern HR. This includes making slight modifications but essentially benefitting from our work for your own personal gain. If you are an HR Consultancy downloading free or paid information with the intention to resell, we will take legal action against you.
Privacy & data protection
We are committed to providing outstanding services. However, should there be any cause for complaint please contact Mandy Hamerla on firstname.lastname@example.org. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right.