SEND Advocacy Ltd

Last updated: 2 January 2021

Terms and Conditions of Sale – Services

BACKGROUND


These Terms and Conditions explain the basis under which the Service Provider will provide the Services to the Client for the price described at clause 4.

The Client should read these Terms and Conditions carefully to make sure that they understand what is agreed.




1. DEFINITIONS


In these Terms and Conditions, the following words and phrases have the following meanings:

‘Client’ the person buying the Services (also referred to as ‘you’)

‘Confirmation of Acceptance’ the Service Provider’s confirmation that the Client’s order has been accepted and a binding agreement has been formed for the supply of the Services

‘Parties’ the Client and the Service Provider

‘Party’ either one of the Client or the Service Provider

‘Service Provider’ the person or company selling the Services; contact details at the end of these Terms and Conditions (also referred to as ‘us’ and ‘we’)

‘Services’ the services that the Client is purchasing

‘Terms and Conditions’ this document detailing the rights and responsibilities of the Parties




2. SERVICES


2.1 The Service Provider is under a legal duty to supply the Services using reasonable care and skill.

2.2 The Services will be performed so far as reasonably practicable, at such time or times as the Service Provider shall decide. Any times, dates or periods given by the Service Provider for provision of the Services are estimates only. The Service Provider will make reasonable efforts to comply with any such time estimates, and will perform the Services within a reasonable time. However, time is not of the essence in respect of the Service Provider’s performance of the Services.

2.3 We work solely in the field of Special Educational Needs and Disabilities (SEND) and are committed to helping the Client make informed and accurate decisions about the Client’s child or young person’s educational future.

2.4 Where we do not have the expertise to deal with a particular issue then we will refer the Client on to the most appropriate provider.

2.5 We will update you (by telephone or in writing) on the progress of your case as often as possible and explain to you (by telephone or in writing) the legal work and processes required as your case progresses.

2.6 We will update you on whether the likely outcomes still justify the costs and risks associated with your case or whenever there is a material change in circumstances, including funding methods. We will update you on the likely timescales for each stage of this matter and any important changes in those estimates.

2.7 Advice and representation is based on information provided by the Client and we cannot be held responsible should the Client fail to disclose information which could affect the Advice and/or representation.

2.8 We will not be held responsible for any acts arising from the supply by the Client or others of incorrect or incomplete information, or of failure by the Client or others failure to act on our Advice or respond promptly to communications from us or other relevant parties.




3. ORDERING


3.1 By ordering Services from the Service Provider, the Client makes an offer to buy the Services for the price given by the Service Provider. There is no binding contract between the Parties at the time when the order is made.

3.2 The Service Provider will contact the Client by email to confirm the order. This Confirmation of Acceptance is the Service Provider’s acceptance of the order made by the Client. When the Confirmation of Acceptance is received, there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Services that are included in the Confirmation of Acceptance.

3.3 We do not accept responsibility for any errors or problems that may occur through the use of email. All risks connected with the passage of such information shall be borne by the Client. If the Client does not agree to accept this risk then the Client should notify us in writing that email is not an acceptable form of communication.

3.4 We do not accept service or correspondence via encrypted email




4. PRICE AND PAYMENT


4.1 The Client must make payments in accordance with any schedule agreed with the Service Provider. VAT, if it is charged, will be charged at the rate prevailing at the time that payment is due.

4.2 All of our work is done on a private costs basis.

4.3 You have told us that you are not eligible for help under the Legal Aid Scheme. If you are in any doubt you can check at www.gov.uk/check-legal-aid. If you are eligible for Legal Aid then you should apply for it.

4.4 Provided the work is done with reasonable skill and care, fees are due regardless of the outcome of the case. Acceptance of your case does not guarantee that it will be successful in part or in full. The assessment may change as we progress thorough the case. When that does change we will advise you accordingly and gain your permission to proceed.

4.5 SENDIST Tribunal work is charged at a capped fee. When you instruct us we require that you pay this fee upfront. The payment can be made by online transfer. If your case concludes early then we will charge for any work done at our standard hourly rate and refund any remaining funds to you. Payment for attendance at the SENDIST Tribunal hearing, including accommodation and transport costs, must be made in full before departure for the hearing.

4.6 Non SENDIST Tribunal work is charged at our standard hourly rate. An estimate of the work will be provided at the case review and advice stage where we will require a deposit of 50% of the estimate. We will invoice you monthly against the work carried out during that month. When the work is complete we will use the deposit against the final invoice and refund any remaining funds to you.

4.7 SENDIST Tribunal case work is charged at a capped fee. If your appeal is included in the National Trial this may incur additional fees which will be explained at the initial review and advice stage. If additional fees are relevant than an estimate will be provided and added to the capped fee. Representation at the SENDIST Tribunal hearing is charged separately. Mileage will be charged at a rate of 45p per mile or the standard rate train fare or a combination of the two covering travel to the mainline train station plus car parking and train fare. Mileage will be calculated using the fastest option. Accommodation will not normally be necessary when the hearing venue is less than a 2 hour drive from your case worker’s location. If accommodation is necessary this will be a budget hotel and will charged just before the SEND Tribunal hearing. Accommodation will also need to include breakfast.

4.8 If you choose to instruct an expert you will be responsible for the payment of all expert fees directly to the individual expert. This includes payment of their individual assessments, reports and their hearing attendance fees if applicable.

4.9 When signing the acknowledgement of receipt for these terms and conditions you are undertaking to pay your invoice within 7 days of the date of the invoice and in any event prior to work being undertaken. No work will be carried out and/or released to you until the invoice is paid in full.

4.10 As a general rule in education cases, it is not possible to recover costs from the local authority. Therefore you should be prepared to bear the costs of the case on your own. Should you decide to stop using our services part way through your case you will be charged for the work carried out until that date and we will return any remaining funds to you. If however, you owe us money for the work carried out you will need to settle the account within 14 days of the receiving the invoice.

4.11 Where an estimate of the total price has been provided by the Service Provider, the final price for the Services may be higher or lower than the estimate. Circumstances where the price may be different from an estimate include, but are not limited to:

4.11.1 the Services taking longer to complete than could have reasonably been anticipated;

4.11.2 the Client making any changes to the Services after the price is agreed; or

4.12 Without prejudice to any other legal right or remedy:

4.12.1 if any agreed payment is not received by the Service Provider by the due date, they can charge interest on the outstanding sum or sums. Interest will be charged at 5% per annum above the Bank of England base rate, accruing daily from the due date until payment is made;

4.12.2. if the amounts not paid to the Service Provider when due total 10% or more of the total value of the Services, the Service Provider is entitled to suspend the performance of any remaining Services until the outstanding payments are made; and

4.12.3 the Client will not refuse to pay any amount which is owed to the Service Provider where there is only a minor or inconsequential defect or error in the performance of the Services.




5. CLIENT’S RESPONSIBILITIES


5.1 The Client shall co-operate fully with the Service Provider in the performance of the Services. Co-operation shall include, but is not limited to:

5.1.1 responding promptly and properly to any correspondence, request, query or communication from or on behalf of the Service Provider;

5.1.2 promptly providing any information, documentation, instruction, support or other assistance as the Service Provider reasonably requires;

5.1.3 promptly making any space, resources or facilities available as may reasonably be required by the Service Provider; and

5.1.4 paying any and all sums due on time.

5.2 If the Client does not comply fully and properly with their responsibilities under this clause, the Service Provider may, without prejudice to their legal rights:

5.2.1 charge the Client for any costs or expenses thereby reasonably incurred; or

5.2.2 suspend the provision of the Services until such time as the Client complies, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.




6. RIGHT TO CANCEL – CASE REVIEW ONLY


6.1.1 The Distance Selling Regulations give you a right to cancel within 14 days of receipt of your payment to us, which we take as you instructing us to carry out a case review. As our service to you will begin immediately (when we receive your payment and papers) you acknowledge that your right to cancel is lost.

6.1.2 We will consider a contract to have been formed when we receive a signed copy of the ‘acknowledgement of receipt’ confirming you received our case review and advice letter with an acknowledgement of our Terms and Conditions. You have 14 days from us receiving the ‘acknowledgement of receipt’ letter to cancel the contract by writing to us. You can use the model cancellation form at the end of these Terms and Conditions, but it is not obligatory. You do not have to give a reason for cancellation.

6.1.3 Any work carried out during this period will be charged at our standard hourly rate. We will then return any outstanding funds to you and the papers you have sent us. If however, you owe us money for the work carried out you will need to settle the account within 14 days of the receiving the invoice.




7. EFFECTS OF CANCELLATION


7.1 If the Client cancels under these Terms and Conditions, the Service Provider will reimburse any payments received from the Client.

7.2 The Service Provider will make the reimbursement without undue delay, and not later than 14 days after the day on which the Service Provider is informed about the Client’s decision to cancel.

7.3 The Service Provider will make the reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of the reimbursement.

7.4 If the Client asked for the Services to start during the cancellation period, the Client must pay the Service Provider an amount which is in proportion to what has been performed until the Client communicated to the Service Provider the cancellation of the contract, in comparison with the full coverage of the co




8. CLIENT’S RIGHTS


8.1 If the Service Provider fails to carry out the Services with reasonable care and skill or within a reasonable time, the Client has the right to request the Service Provider re-performs the relevant part of the Services. Any such request can only be made by the Client if it is still possible for the Service Provider to supply the Services to the required standard. Any such repeat performance will be carried out at no cost to the Client, within a reasonable time and without causing significant inconvenience to the Client.

8.2 If repeat performance under this clause is not possible, cannot be or has not been carried out within a reasonable time, or cannot be or has not been carried out without causing significant inconvenience to the Client, the Client has a right to a price reduction up to 100% of the price.

8.3 Where a price reduction is due under this clause, any refund due to the Client shall be paid within 14 days of the Service Provider agreeing that the Client is entitled to one. Any refund will be made by the same means of payment that the Client used, unless expressly agreed otherwise between the Parties. The Service Provider will not charge any fee for any such refund.




9. SUB-CONTRACTORS


9.1 The Service Provider can, at its absolute discretion, choose to retain or instruct sub-contractors to carry out the Services in whole or part.




10. AGENCY OR PARTNERSHIP


10.1 Nothing in these Terms and Conditions is intended to or does imply any partnership, fiduciary relationship, joint venture, agency or any other relationship between the Parties, save as provided for in these Terms and Conditions.




11. LIABILITY AND INDEMNITY


11.1 Nothing in these Terms and Conditions seeks to limit the liability of the Service Provider for fraudulent acts or omissions, death or personal injury caused in connection with the provision of the Services, whether arising in contract, negligence, tort, breach of statutory duty or otherwise. 11.2 Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general. 11.3 Subject to the rest of this clause, the Service Provider’s total liability to the Client will not, in any circumstances, exceed the total amount of the price payable by the Client. 11.4 In the event that the Client or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Client will, to the fullest extent permitted by law, indemnify the Service Provider against any liability, loss, claim, damage, expense suffered by the Service Provider as a result.




12. PROPERTY AND INTELLECTUAL PROPERTY


12.1 Any property or intellectual property rights in any material owned by the Service Provider shall belong to the Service Provider and the Client shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.

12.2 Any property or intellectual property rights in any material owned by the Client shall belong to the Client and the Service Provider shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.

12.3 This clause is subject to the right of the Parties to use any such material so far as is reasonably required to carry out the agreed Services.

12.4 The Client warrants that any material, whether comprising documents, data, records or any other materials, that it provides to the Service Provider does not infringe the intellectual property rights of any non-Party. The Client agrees to indemnify the Service Provider against any loss, damage, cost, expense or claim of any kind that may arise as a result of such an infringement.




13. CONFIDENTIALITY


13.1 The Parties will use their best endeavours to keep confidential any confidential information relating to the other Party that is provided or otherwise accessed in the performance of the Services. Neither Party shall disclose any confidential information without the consent of the other Party, except to comply with an order of a court of competent jurisdiction or if required in connection with legal proceedings relating to these Terms and Conditions.

13.2 The Parties’ obligations under this clause shall continue after the termination or completion of the Services unless or until the information concerned becomes public knowledge or is otherwise in the public domain through no fault of the Party bound to keep it confidential under this clause.

13.3 We ask that you do not send us any original papers unless you are sending us electronic versions. If you do send us original papers by post it will be at your own risk and we will copy the papers and return them to you during the course of the case. You will be charged for the copying and returning of original documents.

13.4 We cannot accept papers for storage in ‘safe custody.’ Following the conclusion of the case, and after all outstanding fees have been paid, we will keep our paper files for 3 months. After 3 months the file will then be electronically scanned and stored. The paper files will be shredded and securely disposed of. We will not write to you advising you of this unless you specifically request this in writing.




14. AMENDMENT AND TRANSFER OF RIGHTS


14.1 These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.

14.2 The Service Provider is permitted to assign or transfer any rights or obligations under these Terms and Conditions, or subcontract the same for performance to a third party. The Client is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of the Service Provider.




15. SEVERANCE


15.1 If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, they will be severed from the remainder. The Terms and Conditions which are left will remain valid and enforceable.




16. THIRD PARTIES


16.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.




17. CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES


17.1 Neither Party shall be liable for any delay or failure to do anything under these terms and conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.

17.2 If the circumstances referred to in this clause continue for a period of longer than 28 days, either Party can end the contract by giving 14 days’ notice in writing to the other. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.




18. TERMINATION OF SERVICES


18.1 Should you decide you do not want us to act for you at any time other than in respect of a Case Review (see paragraphs 6 and 7 above) you must put this in writing to us. Any work carried out during this period will be charged at our standard hourly rate. We will then return any outstanding funds to you and the papers you have sent us. If however, you owe us money for the work carried out you will need to settle the account within 14 days of the receiving the invoice.

18.2 We may decide to stop acting if:

18.2.1 A request for a payment is outstanding for more than 15 days

18.2.2 We cannot continue to act without being in breach of our duty to the SENDIST Tribunal

18.2.3 We are unable to obtain clear instructions from you

18.2.4 You require the case to be conducted unreasonably

18.2.5. There has been a breakdown of trust and confidence between us

18.2.6 We will write to you notifying you of our intentions. Any work carried out during this period will be charged at our standard hourly rate. If we hold any of your funds we will then return them to you and the papers you have sent us. If however, you owe us money for the work carried out you will need to settle the account within 14 days of the receiving the invoice.




19. ENTIRE AGREEMENT


19.1 These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Service Provider and the Client and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

19.2 Before we can start work we need your agreement to our Terms and Conditions. Please read these carefully and then if you are content to be bound by them please sign and return one copy of the ‘acknowledgement of receipt’ to us either by post or electronically through email. Please also pay the applicable fee. Please also sign and return the ‘Form of Authority’ without which we cannot act on your behalf.




20. WAIVER


20.1 Any failure or delay by the Service Provider in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.




21. GOVERNING LAW AND JURISDICTION


21.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them.




22. ADDRESS FOR SERVICE


SEND Advocacy Ltd

11 Dowry Road

Bristol

BS8 4PR

info@sendadvocacy.com

TEL:




23. ATTRIBUTION


23.1 These terms and conditions were created using a template from Sparqa Legal (https://www.sparqa.com), February 13, 2021.




24. COMPLAINTS


24.1 In the event of a complaint of any nature the Service Provider can be contacted using the details below. To access the Service Provider's complaints policy: see website.




25. CONTACT DETAILS


25.1 The Service Provider is SEND Advocacy Ltd of 11 Dowry Road, Bristol, BS8 4PR and can be contacted at …. or info@sendadvocacy.com. In circumstances where the Client is required to contact the Service Provider in writing, they can email them at info@sendadvocacy.com.




26. CANCELLATION FORM


Send to:

SEND Advocacy Ltd, 11 Dowry Road, Bristol, BS8 4PR

Download form here: Cancellation Form