"LVSC" is the London Voluntary Service
Council; a charitable company limited by guarantee (charity number
276886, company number 1395546) and registered office at 200a
Pentonville Road, London N1 9JP. PEACe is a service offered
completely and exclusively by LVSC.
1. These Terms
1.1 These Terms and Conditions apply to any
and all services ("the Services") supplied by LVSC to you, as part
of PEACe. Additional terms will apply to other LVSC services.
1.2These terms and conditions will prevail
over any terms and conditions used by you or contained or set out
or referred to in any documents sent by you to us.
1.3 If you request services from
PEACe and your request is accepted, LVSC's acceptance of your
request is conditional on your agreement to these terms and
conditions in full.
1.4 These terms and conditions may be
varied by LVSC from time to time. In the event of any such
variation LVSC will post a new copy of the terms to its website and
notify current clients. If you do not accept the revised terms and
you notify LVSC accordingly then the existing terms will apply to
any already contracted services for the duration of the current
contract. In requesting further services (including subscription
renewals) after LVSC has notified you of changes then you will be
deemed to have accepted the revised terms in full.
1.5 LVSC will reserve the right to
offer discounted rates of its services to members of specified
organisations, networks or umbrella bodies (as advertised on the
LVSC website) and these may be varied by LVSC from time to
time. In order to guarantee your benefiting from discounted
rates, you must notify LVSC staff or contractors before any and all
services commence that you are eligible for a discount.
2.1 Please note that LVSC may refuse a
service to any prospective service user for any reason; that use of
the Services is subject to the payment of fees as agreed; that your
use of the Services may be revoked for failure to pay; and that
Services are not transferable.
Subscriptions and Other Fees
3.1 In addition to LVSC's right to revoke
your use of the Services for failure to pay fees, during any period
in which payments from you are overdue LVSC may suspend all or part
of the provision of any of the Services to you.
3.2 PEACe Plus and PEACe Shares
annual subscription fees are payable quarterly in advance and
Document Bank subscription fees are payable annually in
advance. LVSC cannot provide a rebate in the event that you
wish to terminate your subscription prior to the 12-month
subscription period. LVSC reserves the right to revise subscription
fees upon renewal.
3.3 There is a minimum charge
(as advertised on the LVSC website) for all Pay-as-you-go Advice
Line enquiries providing up to 30 minutes advice by telephone or
email. Additional minutes within the same call or same email
response are charged at a rate per minute (as advertised on the
LVSC website). Follow up advice given within two weeks of the
original call/email and concerning the same issue will be charged
per minute. Any call or email to the Pay-as-you-go Advice
Line relating to a different issue or falling outside the two-week
grace period will incur a new minimum 30 minute charge.
3.4 LVSC reserves the right to
charge interest on all sums due from you which are not paid on the
due date at the rate equal to 8% per annum above the Bank of
England base rate from time to time both before and after
3.5 If LVSC's staff or
contractors are required to discharge out-of-pocket expenses in
delivering Services to you those expenses will be charged to you as
may be agreed from time to time. In the absence of any
express agreement you agree to pay all reasonable expenses incurred
by LVSC or its employees or contractors in carrying out the
Services on your behalf.
3.6 All fees and charges are
quoted exclusive of VAT unless otherwise specified. All fees and
charges are payable within 30 days of invoice.
4.1 LVSC will provide the Services with
reasonable skill and care. Unless expressly agreed in writing no
further conditions, warranties or representations are given by LVSC
in relation to the Services and any such terms are excluded to the
fullest extent permitted by law.
4.2 The Services [with the exception of the
telephone advice given under the PEACe Shares service] will be
provided to you, the service user, and not to any other third
party. LVSC will not be obliged to provide the Services to any
third party nor will LVSC accept any liability or duty of care to
any third party whatsoever.
4.3 In order to allow LVSC to provide the
Services you agree that you, together with your employees and
agents will at all times:
LVSC with complete, accurate and timely information, data and
documents which may be requested;
fully with LVSC in the provision of the Services.
Termination of subscription
5.1 Subscription services will be
terminated after 12 months unless you renew the subscription for a
further 12-month period. LVSC will send you a renewal notice 3
months before the end of each 12-month period but you are under no
obligation to renew.
5.2 LVSC shall be entitled to terminate any
subscription immediately in the event that you fail to make payment
of any subscription or other fees, which are due and payable, or if
you are otherwise in material breach of these terms and
6.1 LVSC provides general advice,
guides, information, training materials, website, and model
documents ("the Documentation") as part of various services
provided. LVSC will use reasonable endeavours to ensure that the
information contained in the Documentation is accurate at the time
of publication but LVSC does not provide any guarantee or warranty
to that effect.
6.2 Use of the Documentation is
entirely at your own risk, for which LVSC will not be held
responsible. It is your responsibility to ensure that any
Documentation made available through the LVSC website meets your
6.3 All downloadable Documentation,
including materials downloadable from password protected areas of
the website, is checked for viruses before it is uploaded on to the
site. LVSC does not accept liability for damage, loss of business
or any other costs incurred to service users of the website as a
result of any viruses connected with any Documentation from the
LVSC website or any site linked to it. LVSC recommends that you
virus check all Documentation before downloading and saving to a
computer hard drive or any other disc or device.
6.4 LVSC will be entitled to
terminate your access to documentation online in the event that you
fail to make payment due or if you are in breach of any of these
terms and conditions.
7.1 The following terms apply to all
services that include advisory services ("the Advisory
7.2 LVSC is not regulated by the
Solicitors Regulation Authority. The provision of legal advice does
not amount to the formation of a solicitor-client relationship and
LVSC is not part of the solicitor's indemnity fund, although LVSC
does carry professional indemnity insurance.
7.3 None of our advice shall be used by any
law firm or by any other advisor without our express written
consent. LVSC reserves the right not to comment on the advice
provided by any other solicitor or advisor or by in-house staff,
although a second opinion may be provided.
7.4 LVSC will not generally
communicate with any other party or enter into settlement
negotiations on your behalf. Attendance at disciplinary and/or
grievance meetings and Employment Tribunals is not a standard part
of the Advisory Services but may be available on a consultancy
basis. Requests for litigation support will be referred on to
appropriately qualified professionals.
7.5 You are not entitled to disclose
or publish LVSC's subscription only telephone advice help line
number without LVSC's express consent.
7.6 Advice provided on any matter
will be based on the details and information outlined by your
employee or agent to our help desk or advisor. It is your
responsibility to notify LVSC of any particular concerns regarding
risk at the earliest opportunity. LVSC also advises that you seek
separate written legal advice about any areas of concern. LVSC also
advises that where you have separate insurance cover relating to
your organisation as an employer, you should at the earliest
opportunity seek advice from your insurer. LVSC's maximum liability
in relation to any advice will be limited to the fees paid by you
for the particular advice service.
7.7 Please note that within your
subscription you will be eligible for prescribed quantities of
telephone advice and services. Additional quantities may be
purchased at any time, for an additional fee.
8.1 PEACe training programme
course fees include preparation time and
course materials for participants up to the number agreed on
booking. When courses take place outside of London, travel,
subsistence and accommodation (charged at cost) will be agreed in
advance as part of the contract terms. Adapted and tailored
courses may incur additional charges for course development and
preparation as agreed at the time of booking. All course materials
remain the copyright of LVSC and may not be reproduced without the
express permission of LVSC.
8.2 The service user is
responsible for the provision of training venue, equipment and
refreshments and for the promotion and administration of all
courses. All costs involved in these activities are the
responsibility of the service user.
8.3 There is a minimum
requirement of 6 participants and a maximum of 16 participants on
any PEACe training course unless otherwise agreed in writing at the
time of booking or prior to the training taking place. LVSC retains
the right to terminate any agreement immediately in the event that
these minimums and maximums are not fulfilled.
8.4 LVSC will make every
effort to accommodate any reasonable special requirements as long
as these are notified to us at least 14 days prior to the date of
8.5 Booked courses cancelled
more than 14 days before the planned delivery date will not incur
any charge. Booked courses cancelled less that 14 days before the
planned delivery date will incur the full fee.
8.6 LVSC will make every
effort to accommodate requests for changes to booked training
dates. Changes made more than 14 days prior to the original planned
date will not incur additional charges. Those made within 14 days
of the original planned date will incur a transfer fee of 20% of
the course fee (+VAT).
8.7 LVSC will be entitled to
terminate this agreement immediately in the event that you fail to
pay the agreed fee or if you are otherwise in breach of these terms
9. HR Compliance Health Check and
9.1 Any advice given as part of HR
Compliance Health Checks and Consultancy Services will be based on
the details and information given to us by the service user, agents
or advisors. It is the service users responsibility to advise LVSC
of any particular concerns and risks. LVSCs maximum liability in
relation to advice provided as part of these services will be
limited to the fee paid for these services.
9.2 The fees quoted for these services will
include the costs of phone calls, emails and other standard
consultancy costs as outlined in the contract for the
service. When HR Health Checks and Consultancy take place
outside of London, travel, subsistence and accommodation (charged
at cost) will be agreed in advance as part of the contract
terms. From time to time additional charges may be incurred
and whilst LVSC will endeavour to notify you of such charges in
advance of incurring them, LVSC retains the right to pass any such
reasonable charges on to you.
10.1 LVSC may from
time to time select various partners (the "Partners") who agree to
provide other services and products (the "Products") for its
10.2 LVSC agrees
that it will select Partners in good faith for the benefit of its
10.3 If you decide
to purchase a product or service offered by a Partner then the
agreement for the provision of that product or service will be
between you and the Partner only. LVSC offers no guarantee or
assurance that the product or service will be suitable for your
requirements or that it will be delivered as agreed and LVSC shall
have no liability whatsoever for any failure or default on the part
of the Partner.
11. Staff and
11.1 LVSC shall be
entitled to subcontract, delegate or assign the provision of any
services or any of their rights or duties under these terms. LVSC
shall have discretion as to which of their employees or
self-employed agents, contractors, volunteers or associates are
assigned to perform the services.
12. Liabilities and
12.1 LVSC will not be liable to you in any
circumstances for any property damage or for any indirect or
consequential loss or damage such as lost profit, lost opportunity,
lost bargain, lost reputation, loss of anticipated savings or lost
data whether caused by LVSC's negligence, the negligence of their
employees or agents or otherwise. LVSC will not be liable to any
party other than you, the subscriber.
12.2 LVSC's aggregate liability including
the liability of their partners, agents, subcontractors, volunteers
and employees in respect of any services provided to you by LVSC in
connection with your subscription will (except in relation to
specific written advice under clause 10.3) be limited to the
subscription fees paid by you in the year in question.
12.3 LVSC's total liability to you for
specific written advice provided will be limited to subscription
fees paid by you in the year in question.
12.4 You accept that the limitations of
LVSC's liability set out above are reasonable in all the
circumstances in particular given the disparity between the
subscription fees charged by LVSC and the potential risks to your
business (which LVSC is not in a position to evaluate), the
availability of insurance to protect you against usual business
risks and the numerous variables and uncertainties associated with
many of the services which LVSC provides. Nothing in these terms
will limit or exclude LVSC's liability for death or personal injury
arising as a result of LVSC's negligence.
13. Intellectual Property and
13.1 All intellectual property rights of
any nature (including copyright) created or provided by LVSC or its
employees or Associates shall be and remain the property of LVSC
and any such materials shall be licensed to you for your internal
13.2 You undertake to keep all materials
created by LVSC confidential and not to copy, publish or distribute
any such information, materials or documents to any third party
without LVSC's prior written consent (save where such information
is in the public domain or you are required to disclose such
information by law).
13.3 Each party agrees with the other not
to divulge or allow to be divulged any confidential information
relating to the other's business or affairs other than to its
employees, subcontractors or funders who need to know such
information or where the other party has consented to such
13.4 LVSC shall be entitled to use any
service users information for the purpose of collating information
about its service users generally provided that LVSC shall obtain
your consent before publishing your name or information that allows
you to be specifically identified.
14.1 Each of the parties warrants that it
has power to enter into this agreement and has obtained all
necessary approvals to do so.
14.2 LVSC and the subscriber are
independent of each other and nothing in these terms shall be taken
as creating a relationship of agent to principal, employer to
employee, partnership or joint venture between LVSC and any other
party. Neither party shall be entitled to enter into
agreements or other arrangements on behalf of the other.
14.3 Neither party shall be liable to the
other or be deemed to be in breach of these terms by reason of any
delay in performing, or any failure to perform, any of their
obligations in relation to these terms, if the delay or failure was
due to any cause beyond their reasonable control such as severe
weather, a natural disaster, strikes, governmental action,
terrorism, war and civil unrest.
14.4 These terms represent the entire
agreement between the parties and supersede any previous
representations or agreements whether recorded in writing or
otherwise (save in the event of fraud or fraudulent
14.5 The parties agree that these terms are
fair and reasonable in all the circumstances. However if any
provision of these terms is held not to be valid by a court of
competent jurisdiction but would be valid if part of the wording
were deleted, then such provision shall apply with such deletions
as may be necessary to make it valid. If any of the
provisions in these terms are held not to be valid the remaining
provisions of these terms shall remain in full force and
14.6 Both parties agree that these terms
shall not be enforceable by any person who is not party to this
Agreement by virtue of the Contracts (Rights of Third Parties) Act
14.7 By providing personal data relating to
your employees or agents to us, you confirm that you are entitled
to disclose that data to us under the terms of the Data Protection
Act 1998 and related legislation and that we are entitled to
process such data for the purposes of your subscription and
providing the Services.
14.8 Either party may give any notice to
the other by sending it by post addressed to their registered
address or by sending it to such electronic communications address
as may be notified to the other from time to time. Changes to the
terms of services provided or to these terms and conditions may be
posted from time to time on LVSC's website.
14.9 These terms will be governed and
construed according to the laws of England and Wales and the
parties submit to the exclusive jurisdiction of the English