Terms and Conditions

1. Interpretation

1.1. In this Agreement,  terms have the meaning given to them where they are first defined in this Agreement and in particular:

Provider: means arc resolutions ltd of 114-116 Fore Street HertfordSG14 1AJ, company number 08763473

Customer: means the person placing an order and purchasing our services.

Business Days: means a day other than Saturday, Sunday and public holidays in England;

Services: means mediation services supplied by the Provider;

Order: means the document headed Invoice and attached to these Terms and Conditions.

Fees and Charges: The fees and charges quoted by the Provider.

2. General

2.1. The terms of this Agreement apply to the supply of the Services.

2.2. In the event of any inconsistency between the documents referred to in this Agreement, the following order of precedence shall apply: (1) Terms and Conditions; (2) Order.

2.3. This Agreement shall commence on the Commencement Date and shall end when: (1) the Services have been provided or (2) upon the Provider serving written notice of termination to the Customer (‘The Term’).

3. Party obligations

3.1. Subject to the Customer adhering to its obligations in this Agreement, the Provider shall perform the Services in accordance with the Specification.

3.2. The Customer agrees that any dates provided by the Provider for the delivery of the Services are estimates only.

3.3. The Customer shall cooperate with the Provider’s reasonable instructions in connection with the Services.

4. Fee

4.1. Subject to the receipt of an invoice, the Customer shall pay the Provider the fees and charges 72 hours in advance of the service being provided.  

4.2. All fees and charges will not include VAT.

4.3. All invoices are due for payment as stated in the Order, without any deduction, set-off or counterclaim.

4.4. If an invoice (or part of an invoice) remains unpaid after the due date for payment, the Provider shall charge:

4.4.1. interest at 5% above the current Bank of England base rate until the payment is made; and

4.4.2. an administration charge of £100 per hour for the time the Provider spends pursuing or collecting the outstanding debt.

5. Title

5.1. The Provider owns all Goods and title to the Goods shall not pass to the Customer except for any Goods specifically used in connection with the provision of the Services.

6. Warranties & Liability

6.1. Nothing in this agreement shall exclude or in any way limit the Provider’s liability to the extent such liability may not be excluded or limited as a matter of law.

6.2. Subject to clause 7.1, the Provider shall only be liable to the Customer for direct losses that the Customer suffers and that are foreseeable and an obvious consequence of the Provider’s breach

7. Cancellation

7.1. The Customer has the right to cancel the Order 48 hours prior to the service being provided, without giving any reason (Cancellation Period).

7.2. To exercise the right to cancel, the Customer must inform the Provider of the decision to cancel the Order by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.

7.3. To meet the cancellation deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the Cancellation Period has expired.

7.4  The Provider will not start providing the Services during the Cancellation Period unless the Customer has authorised the Provider to do so.

7.5  This means that if the Customer has requested the Provider to start providing the Services during the Cancellation Period, the Customer shall lose the right to cancel and will be required to pay the full price under the Order even if the Cancellation Period has not expired.

7.6. This does not affect the rights the Customer has if the Services are faulty.

7.7. If the Customer cancels the Order, the Provider will reimburse the Customer all payments received unless the Customer requested the Provider to start providing the Services during the cancellation period, in which case the Customer must pay:

7.7.1. for the Services provided up to the time that the Customer told the Provider that they wished to cancel the Order, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

7.7.2 the full price under the Order, if the Customer lost their right to cancel the Order because the Services were fully performed (i.e. the work was completed) during the Cancellation Period.

7.8. The Provider will make the reimbursement without undue delay, and not later than 28 days after the day on which it is informed about the decision to cancel the Order.

7.9. The Provider will make the reimbursement using the same means of payment as used for the initial transaction.

7.10. The Customer must pay any costs incurred by the Provider that cannot be recovered, in preparation to provide mediation services, which will include the booking of other mediation services or purchase of materials.

8. General

8.1. Termination or expiry of this Agreement shall not affect any accrued rights and liabilities of the Provider at any time up to the date of termination.

8.2. No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase conditions, order, confirmation of order, specification or other document shall form part of this Agreement.

8.3. The parties agree that this Agreement constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

8.4. If any of the terms in this Agreement are found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Agreement and the remaining provisions of the Agreement will otherwise remain in full force.

8.5. Any notices under this Agreement shall be sent to the addresses set out in the Order. They must be given by first class post and shall be deemed received within two Business Days after posting.

8.6. This Agreement is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

8.7. Governing Law – This Contract will be governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English Courts.

8.8. Force Majure – Neither the Provider or customer shall be liable for where any failure or delay results from any cause that is beyond the reasonable control of the Provider or Customer.

8.9 The Customer agrees to keep passwords to our client portal, or to video confercing, confidential and they agree not to share with any third party.