THIS AGREEMENT dated [date] is made between [Name of employer client] (hereafter called the Subscriber), and Canter Levin & Berg Limited of 1 Temple Square, 24 Dale Street, Liverpool L2 5RL (hereafter called the Firm)
The Subscriber wishes to procure the benefit of the services and the skills of the Firm with regards to employment law and directly related matters. The Firm agrees to provide its time and service to The Subscriber and to provide the Subscriber access to its Web-Based Materials.
It is agreed and recognised between parties that the Firm is and will remain at all times an independent legal entity which will provide its services for the period of this Agreement and there will be no partnership between the Firm and the Subscriber.
This Agreement does not regulate any agreement in respect of legal expenses and indemnity insurance between the Firm, the Subscriber and a third party insurance company.
IT IS AGREED THAT
1. The Firm has been engaged under the terms of this Agreement to provide:
(1) Advice and consulting services to the Subscriber relating to Employment Law;
(2) Documentation as and when it is required relating to Employment Law;
(3) Access to the Web-Based Materials found at www.clbemployment.com;
(4) All other services set out in the client care letter provided to the Subscriber.
COMMENCEMENT AND TERM
2. The above services shall be provided by the Firm to the Subscriber for a period of 12 months from and including the date of this signed Agreement. Commencement is conditional on the Firm receiving a copy of the signed Agreement from the Subscriber.
PRICE AND PAYMENT
3. The Subscriber agrees to pay the Firm the amount of £[insert] per annum (inclusive of VAT) in respect of the services contained and described within this Agreement and the client care letter. The Subscriber will pay the Firm by standing order on the [insert based on start date of contract] day of the month at the rate of £[insert] per month. The rate per month is calculated at one twelfth of the annual fee inclusive of VAT.
NOTICE AND RENEWAL
4.1 The Subscriber must give the Firm 3 months’ prior written notice of its intention not to renew the contract at the end of the term referred to in Clause 2.
4.2 Failure to give the requisite written notice will result in the contract being automatically extended for a period of 12 months starting from the date of the expiry of the original term.
4.3 Clause 4.2 is not to be applied if the Subscriber and the Firm have agreed a subsequent superseding agreement.
5.1 The Firm agrees that it will make available to the Subscriber a nominated solicitor or paralegal who will be available between 9am and 5pm on weekdays to provide such assistance, documentation or information as the Subscriber may require in relation to the Employment Law and directly related matters. In the event of the nominated solicitor or paralegal being unavailable, the Subscriber will always select a suitable replacement to be available at the relevant times.
5.2. The Firm agrees that it will offer advice on, prepare, or assist in the preparation of, letters, contracts, handbooks, disciplinary procedures and decisions, redundancy procedures, employment law obligations under the Transfer of Undertakings Regulations 2006, agency contracts, workers’ agreements, policies and procedures in relation to Employment Law that the Subscriber may require for its own use.
INSURANCE AND REGULATION
6. The Firm holds professional indemnity insurance and is authorised and regulated by the Solicitors Regulation Authority under SRA number 632152.
RESTRICTION OF LIABILITY
7. The Subscriber acknowledges that if it fails to act on or follow the advice of the Firm, the Firm can not be held liable for any consequences or loss arising from that failure.
THE WEB-BASED RESOURCE
8.1. The Subscriber will receive access to the Web-Based Resource following payment for the period of your Membership Subscription.
8.2 The Subscriber acknowledges that it has provided the Firm with accurate and complete registration information and that it is the Subscriber’s responsibility to update the Firm of any changes to that information (including a suitable contact email address).
8.3 Each registration is for a single user only. On registration, the Subscriber will be allocated a user name and password (“ID”). The Subscriber is responsible for all use of the Web-Based Resource using its ID and for preventing unauthorised use of its ID.
8.4 If the Subscriber believes there has been any breach of security such as the disclosure, theft or unauthorised use of its ID, it must notify the Firm immediately.
8.5 If the Firm reasonably believes that the Subscriber’s ID is being used in any way which is not permitted by this Agreement, the Firm reserves the right to suspend access rights immediately on giving notice to the Subscriber and to block access from the Subscriber’s ID until the issue has been resolved.
8.6 The Firm reserves the right, at its discretion, to make changes to any part of the Web-Based Resource provided that it does not materially reduce the content or functionality.
8.7 The Subscriber acknowledges that the Firm cannot be held liable for the suspension of the Web-Based Resource arising from the fault of an internet service provider or other third party beyond the control of the Firm.
THE USE OF MATERIAL
9.1 All material displayed on the Web-Based Resource (“Content”) belongs to the Firm or its licensors. Subject to clause 9.2, the Subscriber may:
- 9.1.1 Retrieve and display the Content on a computer screen;
- 9.1.2 Print individual documents or pages on paper and store such in electronic form on disk and on your PC (but not on any other server or other storage device connected to a network); and
- 9.1.3 Bookmark or link to any part of the Web-Based Resource.
9.2 The Subscriber may not (without contacting the Firm to obtain express prior written consent):
- 9.2.1 Redistribute any of the Content (including without limitation by using it as part of any library, archive or similar service);
- 9.2.2 Remove the copyright or trade mark notice from any copies of the Content made under this agreement;
- 9.2.3 Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content (including without limitation on any internal network system);
- 9.2.4 Allow any third party to access the Content; or
- 9.2.5 Except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
9.3 Copyright in any software that is made available for download for the participation in the Service belongs to the Subscriber or its suppliers. The Subscriber’s use of such software is governed by the terms of any license agreement that may accompany or be included with the software.
9.4 The Subscriber acknowledges that they are aware that use of the Content may from time to time be subject to certain statutory or other external regulations, conditions and restrictions. The Subscriber undertakes to comply with such regulations, conditions or restrictions applicable to the Content.
DISCLAIMER OF WARRANTIES
10.1 The Firm warrants that it will use all reasonable skill and care in making the Web-Based Resource available to the Subscriber and in ensuring its availability during the period of Subscription. Further, it will take reasonable steps to ensure that the software it provides as part of the Web-Based Resource is virus free.
10.2 Because of the number of sources from which the Firm obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and the Firm does not give any other warranties in respect of the Web-Based Resource. In particular, the Subscriber should not take the accuracy of the information for granted and should always take advice from the Firm on the use and accuracy of any information found on the Web-Based Resource. The Firm makes no warranty that the Web-Based Resource is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
10.3 The Subscriber acknowledges that any failure to adhere to Clauses 8 and 9 may give the Firm a remedy in damages should the Firm experience loss as a result of the Subscriber’s actions.
11. The Subscriber agrees that the Firm can use external agents, companies or contractors in the fulfilment of its obligations under this Agreement and the terms of the client care letter, save for the fact that the designated solicitor or paralegal referred to in paragraph 5 will be an employee of the Firm.
12. The Firm agrees that, at all times, it shall comply with the General Data Protection Regulation 2018 in respect of all the Subscriber’s information held by the Firm that is protected under the aforementioned enactment.
13.1 The Firm may terminate this Agreement forthwith and without the payment of any compensation or other monies if the Subscriber:
- (1) has fallen two months into arrears with the monthly payments;
- (2) is made bankrupt or insolvent;
- (3) has acted in a way that has brought or may bring the Firm into disrepute with the Solicitors Regulation Authority or any other competent authority.
13.2 The Subscriber may terminate this Agreement on expiration of the current 12 month period by following the procedure set out in clause 4.
BREACH AND REMEDY
14. If, during the time of this Agreement, the Firm is in breach of any of its obligations under this Agreement the Subscriber must provide the Firm with written notice of the alleged breach. The written notice must contain a clear declaration that the Firm is in breach of its obligations under this Agreement. If the Firm is declared in breach the Subscriber agrees that the Firm must remedy that breach within 30 calendar days of the Firm receiving the Subscriber’s written declaration of the breach. If the Firm has not remedied the breach after the expiry of the 30 days the Subscriber may terminate the Agreement without notice.
15. The Agreement and these Conditions shall be governed by and construed in accordance with the laws of England and Wales.
SIGNED . . . . . . . . . . . . . . . . FOR THE SUBSCRIBER
POSITION . . . . . . . . . . . . . . .
SIGNED . . . . . . . . . . . . . . . . FOR THE FIRM