WEBSITE AND SERVICES TERMS AND CONDITIONS

In these Terms and Conditions “we", "our", "us", "C&H" or "Culpan and Hall” refers to Culpan and Hall Consulting Limited, registered in the UK with company number 04708254. References to "you", "your" or the "Client" means the website user using our Website and/or who agrees to purchase our Services as further described below. Our registered office is Pantrys, The Square, Shere, Surrey, GU5 9HG.

1. ACCEPTANCE OF TERMS

By accessing the content of www.culpanandhallconsulting.com (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.culpanandhallconsulting.com/PrivacyPolicy.aspx. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.

You agree that you shall not use the Website or our Services referred to below for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

2. MODIFICATION

We reserve the right to change any part of this agreement without notice and your continued use of the Website will be deemed as acceptance of this agreement. We advise you to regularly check our Website and Service Terms and Conditions.

We have complete discretion to modify or remove any part of this site without warning or acceptance of any liability arising from such action.

3. COPYRIGHT

All intellectual property rights of Culpan and Hall such as trademarks, trade names, patents, registered designs and any other intellectual property rights derived from or relating to the Website remain our property.

By using the Website you agree to respect the intellectual property rights of C&H and refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

4. DISCLAIMERS

The information contained with the Website is provided on an “as is” basis with no warranties expressed or implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. No representations or warranties are given in respect of any Services provided via the Website except as expressly stated in section 8 below.

We do not guarantee uninterrupted availability of the www.culpanandhallconsulting.com Website and cannot provide any representation that using the Website will be error free.

5. THIRD PARTIES

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

6. SEVERANCE

If any provision of this agreement (or part thereof) is held to be invalid or unenforceable, such provision (or part) shall be struck out and the remaining provisions (or part) shall remain in force to the fullest extent permitted by applicable law.

7. GOVERNING LAW AND JURISDICTION

This agreement will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts without reference to rules governing choice of laws.

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8. ADDITIONAL SERVICES

The following additional terms and conditions apply if you have requested and we have agreed to supply our Resume Review or Career Planning Services (the "Services") To the extent there is any conflict or inconsistency between the following Services terms and any other terms and conditions, the following Services terms shall prevail.

(1) Contract Formation Process

Your request for the Services or payment of any fee in anticipation of the Services shall not oblige us to provide any Services. We shall not be obliged to provide any Services unless and until we have expressly confirmed (in our sole discretion) in writing (including by email) our agreement to provide the Services. In particular we may ask you to provide additional information before we agree to provide any Services.

"We may provide either CV Checkout and/or Career Planning Services.

CV Checkout.

This service offers candidates the opportunity to have their resume or CV, reviewed and updated by an experienced Executive Search Consultant. In return for a fee C&H will read the CV submitted to us and reformat it and edit it to make it in our opinion more accessible to potential employers. We will re-order certain elements where necessary whilst preserving all matters of fact un-altered. In so doing we do not take any responsibility for factual inaccuracies present in the original or updated document, nor do we make any undertakings regarding the employability of any candidates.

By uploading a copy of your CV or Resume to our web site you are giving permission for us to review and edit the personal details in that CV or Resume.

They may contact the Candidate during this process to clarify certain elements or to seek additional information. Once the updated CV has been returned to the candidate the process as purchased is complete. Further discussion or correspondence beyond this point may incur further charges at the sole discretion of C&H.

Career Planning

The career planning service includes the CV Checkout service as described above.

In addition to this, at our sole discretion, a candidate will be invited in to our offices for an interview with one of our consultants which will last approximately one hour. We then provide a written report to the candidate, which together with the updated CV will be e-mailed to them following the interview. The report will contain matters of fact relating to the candidates as related to us by the candidate and comments by our consultant regarding possible future areas of interest for the candidate in progressing their career. We will not be providing employment agency advice or promoting the candidate to potential employers and are not responsible for actions taken by any candidate following the receipt of their Career report. No advice or indication of a specific plan of action will be given. The Candidate will understand that all decisions relating to future actions seeking employment must lie with the Candidate.”

(2) Fees

Our fees for Services are as stated on our Website at www.culpanandhallconsulting.com/Register.aspx. You agree to pay the applicable fees to us in advance of us providing any Services via PayPal or such other payment mechanism as we designate from time to time.
Where the allocated time for a Service is significantly exceeded at your request (or because of your breach of this agreement, in particular failure to provide adequate information) then an additional fee shall be payable as mutually agreed, failing which we will not be required to continue to provide the relevant Services. The allocated time for our Services is one hour for Resume Review, one hour for interview in Career Planning and I hour for administration and report writing.

(3) Invoicing and Payment

Invoices for fees paid in advance in accordance with paragraph 2 above are available on request by e-mail. All prices for the Services are [exclusive] of VAT and applicable taxes which shall be payable by the Client in addition except as otherwise expressly agreed.

(4) Information Disclosure

You shall disclose to us all information reasonably requested by us for the satisfactory completion of the Services in the form and timely manner requested by us.
You represent, warrant and undertake that, to the best of your ability and in good faith, all information disclosed to us is and shall be accurate and that any written materials supplied may be used by us as part of the Services without breach of any third party confidentiality, copyright or registered trademarks.

(5) Confidentiality

Information concerning you and your circumstances will not be disclosed by us to any third party without your written consent, unless otherwise required by law, a Court of competent jurisdiction or by governmental or regulatory authority.

(6) Copyright

No copyright or other intellectual property rights are transferred or assigned or licensed under this agreement except as expressly agreed or as necessary to enable us to perform our obligations. We may retain copies of all information we receive for audit and quality assurance. We shall continue to perform similar Services for other clients.

(7) Liability

We undertake to exercise reasonable care in the performance of the Services. We expressly exclude all other warranties and representations express or implied including without limitation any warranties as to satisfactory quality or fitness for purpose to the fullest extent permitted by applicable law.
We exclude all liability for any indirect, special, or consequential loss or damages including any loss of business, revenue and profits.
Nothing in these terms will operate to limit or exclude any liability we may have for death or personal injury arising as result of our negligence or that of our its employees or agents. Subject to the foregoing, in no event shall our aggregate liability for any and all claims arising from this agreement exceed the fees paid by you for the Services to which such claims relate.

(8) Cancellation and termination

You may withdraw a request to receive the Services at any time before we confirm our acceptance of such a request, in which case you will receive a full refund of amounts paid by you to us.
Thereafter should you wish to terminate the delivery of a Service after we have agreed to provide it then 50% of the total fee will be refunded to you, with the remainder being retained by us as an administration charge to cover the time spent by us assessing your information prior to termination. However, we shall be entitled to retain the entire fee paid by you in respect of any Service where your request for termination takes place after we have started redrafting your CV or Resume as part of any Service or after we have met you, it being agreed that by that stage we will already have incurred significant time and expense in addressing the your request.
C&H Limited may cancel the Service and retain the entire fee if, in its reasonable opinion, circumstances beyond its reasonable control (in particular failure or delay by you in providing sufficient accurate information promptly and in an appropriate format requested by us) adversely affect or delay our ability to perform our obligations under these terms and conditions.
Each party may, by giving notice in writing to the other, terminate this agreement forthwith if the other commits a material or persistent breach and fails to remedy such a breach within fourteen days of being notified in writing to do so.
These terms and conditions and our Website pages to which they refer represent the entire agreement between you and us in relation to the provision of Services by us to the exclusion of any other terms or correspondence provided by you now or in the future.

END – Version 2. 2nd August, 2010