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Terms of Service

Effective Date: 2nd September 2024

Operator Information

This website is operated by whocanhelp.org.uk ("we", "us", "our"). We are not registered as a company, but we are committed to providing reliable services to help you find the right expert for your needs. For any inquiries, you can contact us at support@whocanhelp.org.uk.

These Terms of Business apply to all agreements for services provided by us through our website ("the Website"). By accessing or using our Website, you agree to be legally bound by these Terms of Business. Please read these Terms carefully before using our Website or contracting our services.

If you do not agree with these Terms, you must not use our Website.

1. Definitions

Agreement: Refers to these Terms of Business, any other document referred to in these Terms, and any additional agreements between us and you, the client.
Client: Refers to you, the individual or entity accessing the Website and using the services provided by us.
Services: Refers to any and all services provided by us through our Website or by any other means.

2. Application of Terms

2.1 These Terms govern the provision of all services, advice, and any other deliverables provided by us.

2.2 We reserve the right to amend these Terms from time to time. The current version of the Terms will be posted on our Website, and it is your responsibility to ensure you have read the most up-to-date version. By continuing to use the Website and services, you agree to the updated Terms.

3. Nature of Services

3.1 We provide [specific services, e.g., consultancy, legal services, marketing services] through our Website. The details of the services, including pricing and deliverables, will be communicated to you via the Website or through direct correspondence.

3.2 We will carry out the services with reasonable skill and care and in accordance with all applicable laws.

3.3 We make no guarantees as to the outcome or results of our services.

3.4 Any services provided by third-party suppliers, including links to third-party websites, are outside our control, and we are not liable for the performance of these third parties.

4. Pricing and Payment

4.1 Our fees for services are outlined on the Website or otherwise communicated to you in writing. All prices are exclusive of VAT unless otherwise stated.

4.2 Payment is required in full before the commencement of services unless otherwise agreed. We accept payments via online payment or bank transfer.

4.3 Late payments may result in a suspension of services, and we reserve the right to charge interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.

4.4 We reserve the right to change our pricing structure at any time. However, any price changes will not affect existing contracts for services that have already been agreed upon.

5. Termination of Services

5.1 You have the right to terminate your agreement with us for the provision of services at any time. However, you may be liable for any costs incurred up to the date of termination, and any refunds will be provided at our discretion.

5.2 We reserve the right to terminate or suspend services if you breach any terms of this Agreement, fail to make payments, or act in a manner that, in our sole discretion, is detrimental to our business.

5.3 Upon termination, any outstanding payments must be settled immediately. If termination occurs during the course of a project, we reserve the right to invoice you for services rendered up to the date of termination.

6. Limitation of Liability

6.1 To the extent permitted by law, we shall not be liable for any indirect or consequential losses, including but not limited to loss of profit, loss of business, or loss of data.

6.2 Our total liability to you for any loss or damage arising out of or in connection with the provision of services shall not exceed the total amount paid by you for the services in question.

6.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

7. Intellectual Property

7.1 All intellectual property rights in the Website and the services provided are owned by us or our licensors. You are granted a limited, non-exclusive, and non-transferable license to use the services and materials provided by us for personal or internal business purposes only.

7.2 You may not modify, copy, distribute, or otherwise exploit any content provided by us without our express written consent.

7.3 Any intellectual property developed during the course of providing services to you, such as reports, strategies, and methodologies, remains our property unless otherwise agreed in writing.

8. Confidentiality

8.1 Both parties agree to keep confidential all information shared during the course of the business relationship that is designated as confidential or that should reasonably be understood to be confidential, including pricing, trade secrets, and client data.

8.2 This clause shall survive termination of the Agreement.

9. Data Protection

9.1 We process personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Our Privacy Policy outlines how we collect, use, and protect your personal data.

9.2 By using our services, you consent to the processing of your personal data as described in our Privacy Policy.

10. Governing Law and Jurisdiction

10.1 These Terms of Business are governed by and shall be construed in accordance with English law.

10.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Complaints and Dispute Resolution

11.1 We take complaints very seriously and aim to resolve disputes quickly and efficiently. If you have a complaint, please contact us in writing at support@whocanhelp.org.uk.

12. Governing Law and Jurisdiction

12.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

12.2 You and [Your Company Name] agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

13. Dispute Resolution

13.1 In the event of a dispute arising out of or in connection with these Terms, you agree to first attempt to resolve the dispute informally by contacting us at [Your Contact Email].

13.2 If the dispute is not resolved within 30 days of the initial notification, either party may refer the matter to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party, requesting a mediation. A copy of the request should be sent to CEDR.

13.3 If the dispute is not resolved within 60 days after service of the ADR notice, either party may commence legal proceedings in accordance with Clause 12.

14. Severability

14.1 If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

15. Entire Agreement

15.1 These Terms and any documents expressly referred to in them constitute the entire agreement between you and [Your Company Name] and supersede all prior agreements, understandings, or arrangements between us, whether oral or written.

15.2 You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us that is not set out in these Terms or any document referred to in them.

16. Waiver

16.1 No failure or delay by [Your Company Name] in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

16.2 No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Assignment

17.1 You may not assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms without our prior written consent.

17.2 We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights or obligations under these Terms.

18. Third-Party Rights

18.1 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

19. Force Majeure

19.1 We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, trade disputes, breakdowns in telecommunications networks, or natural disasters.

19.2 If such an event occurs, we will use reasonable efforts to mitigate the impact of the force majeure event and to perform our obligations under these Terms.

20. Notices

20.1 Any notice given to a party under or in connection with these Terms shall be in writing and shall be delivered by hand, by pre-paid first-class post or other next working day delivery service, or by email to the address specified in these Terms.

20.2 Any notice shall be deemed to have been received:

If delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address.
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 email, at the time of transmission, provided no bounce-back or error message is received.

20.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

21. Modifications to Terms

21.1 We reserve the right to revise and amend these Terms from time to time to reflect changes in market conditions, technology, payment methods, relevant laws and regulatory requirements, and our system's capabilities.

21.2 You will be subject to the policies and terms in force at the time that you order goods or services from us, unless any change to those policies or these Terms is required to be made by law or governmental authority.

22. Termination

22.1 We may terminate or suspend your access to the Website and our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

22.2 Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

22.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. Contact Information

23.1 If you have any questions or concerns about these Terms, please contact us using the following details:

Email: support@whocanhelp.org.uk