Terms and Conditions
1. This agreement is between you and Employment Law Services Limited ('ELS'), trading as Daniel Barnett's HR Inner Circle. In providing services on behalf of ELS, Daniel Barnett is not acting in his capacity as a practising barrister but is acting as a director and agent of ELS, save as set out below in connection with the ‘999’ service.
2. You will pay a membership fee to us until this agreement is terminated, which is payable either monthly or annual depending on our arrangement:-
2.1 monthly fees are payable in advance each month by credit/debit card or direct debit. The fee falls due on each monthly anniversary of the date you joined the HR Inner Circle. You authorise ELS to take payment from your credit or debit card (or, if direct debit, you so authorise our direct debit originator GoCardless). If your credit/debit card provider or bank rejects the payment, ELS reserves the right to charge an administration fee of £12+VAT per missed payment.
2.2 annual fees are payable by invoice. The fee falls due on each annual anniversary of the date you joined the Inner Circle, unless you have terminated your membership in advance of the anniversary auto-renewal date. If either of us terminates the agreement during the year, we will issue a pro rata refund for any complete unexpired month within the year.
3. This agreement may be terminated by either party without notice, either by letter or email. IMPORTANT NOTE: If you click 'unsubscribe' (or similar) on any of our emails, this will stop you receiving emails but does not amount to valid notice of termination – you need to email or write to us expressly.
4. All benefits described as ‘monthly’ will be provided at least ten times a year.
5. Any legal or other information or advice produced by ELS in pre-packaged format (including any CD or .mp3 recording or any issue of the HR Inner Circular magazine) is produced in good faith but is not a substitute for formal legal advice from a lawyer who has considered the particular circumstances relevant to your business. You should always seek independent legal advice before relying on our content. Any liability for negligent advice or information is limited to the fee you pay for three months' membership of the HR Inner Circle.
6. Any legal or other information or advice produced by ELS specifically for you (for example, during a Q&A call/broadcast, lunch or on a ‘999’ telephone consultation) is likewise given in good faith. However, it is off-the-cuff or swiftly given advice without taking full instructions. It is not a substitute for formal legal advice from a lawyer who has taken full instructions and considered relevant documents or the particular circumstances relevant to your business, and/or and had the opportunity to consider and reflect on the advice. You should always seek independent legal advice before relying on it. Any liability for negligent advice or information is limited to the fee you pay for six months' membership of the HR Inner Circular.
7. ELS is not responsible for any information or advice given by other members of the HR Inner Circle, for example at the lunchtime sessions or on the private Facebook group.
8. You are not entitled to discounts on Daniel Barnett's other training products, or to use the '999’ telephone consultation, until you have been a member for six months.
9. As a member, you undertake to keep strictly confidential any matters raised or discussed by others within the Circle, whether at lunchtime events or on other occasions. You acknowledge that any issues you raise or discuss with other members of the Inner Circle, or with Daniel Barnett, will probably not be protected by legal professional privilege and, in theory, anybody hearing the issues could be ordered by a court or tribunal to give evidence on what they have heard. You also run the risk that another member of the Inner Circle might not keep to their confidentiality undertaking.
10. With regard to the '999’ telephone consultation email service, which you are entitled to use once you have been a member for one year, ELS:-
(a) will endeavour to respond within a reasonable period, but is under no liability if it fails to do so;
(b) is entitled to charge for time spent at a consultancy rate of £200+VAT per hour, with a minimum of one hour, if you use the '999’ service more than once a year. But we will not do so unless we have first notified you that you have already used your one entitlement for the year, and you have agreed to pay us at the consultancy rate;
(c) if the advice if provided by Daniel Barnett, it is provided in his capacity as a barrister under the Bar Public Access Scheme and the limitations of liability set out in clause 6 apply similarly to limit his personal liability. Daniel Barnett draws your attention to the Bar Standards’ Board Public Access Guidance for Lay Clients at http://www.barcouncil.org.uk/media/119600/public_access_guidance_for_lay_clients_-_mar_2010_-_as_at_25_oct_2011__1_.pdf , and the terms set out in Daniel Barnett’s standard public access instruction letter are deemed incorporated into this agreement and accepted by you (copy available on request).
11. If your membership agreement includes nominating a colleague to also enjoy membership benefits (for which an additional fee may be payable), then:-
(a) that colleague is entitled to attend the annual conference and networking event, or any lunch / Q&A session either with you or in your place (subject to availability of places);
(b) the colleague is not entitled to use the '999’ telephone advice service; and,
(c) to qualify, the colleague must be employed or engaged by the same organisation/company as you.
12. ELS may make changes to these terms and conditions at any time. Any changes will be notified to you by email.
Terms and conditions version 2.0 - October 2016