The Agreement Between:
The Principal - BusinessOn Ltd ('BusinessOn') of Princes Exchange, Princes Square, Leeds, West Yorkshire,LS1 4HY, company registration number 08609304.
The Client (You)
The Client - A company that has requested advice via BusinessOn Ltd
The Consultant - A person or Company accepted as an 'Associate Consultant' of BusinessOn Ltd
Resolve Request - An electronic request to or from BusinessOn from or to a Consultant or client
Resolve System - The electronic system that handles all requests between BusinessOn, its Clients and Consultants
This Agreement sets out the Terms and Conditions for the Client to be included on the BusinessOn database as user of the Business Reality Check software and the Resolve Request System. By acknowledging this Agreement you agree to its terms and conditions and agree to be bound by them. A written copy can be provided on request.
2.0 The BusinessOn Service
2.1 The overall aims of this business advice programme, is to assist businesses, to recognise weaknesses within their organisation and make appropriate remedies and improvements through the assistance of the BusinessOn online 'Resolve' system and through the intervention and advice of external Associate Consultants.
2.2 Clients will request assistance which may be given directly by BusinessOn or offered by BusinessOn to a Consultant registered on the BusinessOn database.
2.3 The Consultant will contract directly with The Client for the agreed work - NO COMMISSION IS PAYABLE to BusinessOn
3.0 Programme Extent:
The contract remains in force whilst The Client has a fully paid up subscriptions in place.
4.1 The Client will engage in a commercially professional manner with the BusinessOn and any Associate Consultant that BusinessOn introduces.
4.2 The Consultant is not obliged to accept Client referral from BusinessOn but must advise BusinessOn of their acceptance or declination within 12 working hours from the Resolve Request being sent.
4.3 BusinessOn will endeavour to provide the Client with the best possible advice at all times, either through the Resolve System or by introducing an appropriately qualified Consultant.
4.4 BusinessOn reserves the right to inspect all work relating to this project. If in our opinion the work provided by the Consultant under the scope of this agreement does not meet value for money nor does it reflect the quality and standard of service expected from Consultants under this agreement then we reserve the right to cancel our contract with the Consultant.
4.5 The Client shall at all times be honest in answering questions via the Business Reality Check and via the Resolve System; failure to do so may result in incorrect responses being given which could result in misleading information and advice. Under these circumstances the Agreement id deemed to be cancelled and no financial penalty can be accepted by BusinessOn or its Associate Consultants.
BusinessOn does not warrant the work provided by the Consultant to the Client whatsoever, nor does BusinessOn warrant against loss or damage resulting from any negligent work relating to this programme howsoever arising.
6.1 BusinessOn does not indemnify the Client for any losses or damages, howsoever arising from the provision of services to the Client under this programme.
6.2 BusinessOn accepts no liability for the for any loss or damage incurred as a consequence of the services provided by the Consultant under the scope of this project
6.3 BusinessOn will not be liable to the Client for any loss, damage or delay attributable in whole or in part to action by any government or government agency or force majeure or other action that may delay, disrupt or cause premature cessation of this programme.
6.4 Consultants who choose to use the BusinessOn Reality Check and subsequently offer advice to The Client do so under their own insurance and warranties as the Reality Check is editable for the specific purpose of offering 'tailored' advice to a Clien's individual circumstances.
7.0 Client Insolvency
7.1 This Agreement is terminated with immediate effect if a resolution is passed or a petition presented for the winding up of the Client's company/business or if the company/business ceases or threatens to cease to carry on a substantial part of its activities; the company/business becomes insolvent; an administrative, or other receiver, is appointed over any part of the company's/businesses assets; The company/business enters into any arrangements with creditors or is unable to pay its debts; or anything analogous to the above events occurs
7.2 In the event that any one of these processes is undertaken, BusinessOn will cancel this Agreement and will not be liable for any costs incurred as a consequence of this Agreement.
8.0 Conflicts of Interest
8.1 A conflict of interest exists in any actual or potential situation where the Consultant and any of its employees or agents may be unduly influenced or biased towards a particular course of action regardless of any actual detriment to the performance of the Services under this agreement. A conflict of interest includes, but is not restricted to, competing professional or personal interests. If a Client suspects and/or has evidence of such a conflict, they must inform BusinessOn at the earliest opportunity in writing, e-mail or preferably through the Resolve System.
8.2 The Consultant is under a duty to inform the BusinessOn at the earliest opportunity of any potential or actual conflict of interest which may arise out of the performance of the agreement.
8.3 The Consultant is also under a duty to take active steps to minimise the potential or actual occurrence of a conflict of interest which may arise out of the performance of the Agreement.
8.4 If a conflict of interest between the Consultant and the Client proves detrimental to the performance of services under this Agreement, BusinessOn reserves the right to cancel this Agreement.
9.1 BusinessOn may wish to feature Clients' and Consultants' businesses as case studies for press releases and publicity events to promote the Programme. Business will consult with the Client prior to such inclusion. It is expected that the Client will provide consent for this purpose unless there are reasonable grounds for withholding permission.
9.2 The BusinessOn logo must only be used with prior approval of BusinessOn. Under no circumstances must any consent or approval granted by BusinessOn to use the BusinessOn logo be assigned, transferred or passed on to be used by anyone who is not a party to this agreement. In the event that these requirements are circumvented, BusinessOn will cancel this Agreement and will not be liable for any costs incurred as a consequence of this Agreement.
10.0 BusinessOn Confidentiality:
10.1 All documentation and information received by BusinessOn will be held in strict confidence and only made available for Government and BUSINESSON audit purposes.
10.2 BusinessOn complies with Data Protection legislation.
11.1 Any demand or notice given by BusinessOn under this agreement may be made or given by letter addressed to the Client and sent by first class post to their address shown at the head of this agreement or the last known business or trading address of the party concerned. In addition, the document may be sent by email to the last known functioning email address of the Client.
11.2 Unless otherwise advised by BusinessOn, any demand or notice made or given by the Client under this Agreement may be made or given by letter addressed to BusinessOn Ltd and sent by first class post to BusinessOn 1 The Gateway, Fryersway, Silkwood Park, Wakefield, WF5 9TJ or left at this address.
11.3 If sent by post, the demand or notice will be deemed to have been made or given at noon the day following the second day the letter was posted.
11.4 In addition, the document may be sent by email to firstname.lastname@example.org
11.5 If sent by email the demand or notice shall be deemed to have been made or given at the time of transmission.
12.0 BusinessOn Waiver:
No delay or failure by BusinessOn in exercising any right or remedy available to them shall be construed or take effect as a waiver or release of that right or remedy and BusinessOn shall always be entitled to exercise all their rights and remedies unless they shall expressly waive them in writing.
This Agreement and all matters relating to or arising out of it are governed by the Laws of England and Wales.