Terms and Conditions
These terms and conditions (“Terms”) govern the booking and provision of a Pay As You Go HR and Neurodiversity advice call (“Call”) provided by Silk Helix Ltd (“Silk Helix”, “we”, “us” or “our”) to the person or organisation making the booking (“Client”, “you” or “your”).
By ticking the box to confirm your agreement and completing your booking, you confirm that you have read, understood and agree to be bound by these Terms. If you are booking on behalf of an organisation, you confirm that you have authority to bind that organisation. Please do not complete your booking if you do not agree to these Terms.
1. Interpretation
In these Terms, “Working Day” means any day other than a Saturday, Sunday or public holiday in England and Wales. Headings are for convenience only and do not affect interpretation.
2. Basis of contract
A contract is formed between you and Silk Helix when you complete your booking through our online booking calendar and we confirm it in accordance with clause 4. The Call is provided to businesses and employers. By booking, you confirm that you are booking in the course of a business and not as a consumer.
3. The Service
We will provide an advice call of approximately 45 minutes with a CIPD-qualified HR consultant, covering HR, employment and neurodiversity matters relating to your business. The Call takes place by telephone or by video (via Zoom or Google Meet) according to the option you select when booking. Where a letter or document arises directly from the matters discussed on the Call, we will draft one such document at no additional cost, subject to clause 11.
4. Booking and payment
Calls are booked through the Silk Helix online booking calendar. The fee is payable in full at the time of booking. Your booking is confirmed only once payment has been received.
5. Fees and VAT
The fee for the Call is the price shown on the booking calendar at the time you book. Prices are subject to change, but the price shown at the time of your booking is the price that applies to that booking. Unless stated otherwise, the price shown and charged through the booking calendar is inclusive of VAT and is the amount you will pay.
6. Rescheduling and cancellation by you
You may reschedule your Call by giving us at least 2 Working Days’ notice before the booked start time. If you cancel with less than 2 Working Days’ notice or you do not attend the booked Call, the fee is non-refundable and no replacement Call will be offered.
7. Rescheduling and cancellation by us
Where we are unable to deliver the Call for reasons within our control, we will offer you a rescheduled Call or a full refund.
8. The Call
You choose whether the Call takes place by telephone or by video (via Zoom or Google Meet) when you book. For a telephone Call we will call you at the booked time on the number you provide. For a video Call we will send you a joining link and you should be ready to join at the booked time. Please make sure you are available and reachable by your chosen method at the booked time. If you are not reachable, we will make reasonable attempts to connect with you during the booked period. The Call will still end at its scheduled finish time. Late joining will not extend the Call.
If a technical or connection failure not caused by you affects the Call, we will where possible continue or complete it. If that is not possible we will arrange a suitable time to resume or to reschedule at no additional cost.
9. Scope of advice
Advice is provided to you as the business or employer and not to individual employees, workers or any third party. No employee, worker or other third party may rely on the advice given. The advice is based on the information you provide before and during the Call. You are responsible for the accuracy and completeness of that information and for all decisions you take and actions you implement following the Call.
10. Nature of advice
The Call provides HR and employment guidance together with general neurodiversity guidance in a workplace context. This does not constitute legal advice and does not replace formal legal advice. Where a matter requires it, you should obtain independent legal advice.
Guidance on neurodiversity is provided to support you as an employer in a workplace and management context. It is not medical, clinical, diagnostic or therapeutic advice and must not be relied upon as such.
Our advice is based on the law and good practice as understood at the date of the Call. We are under no obligation to update our advice or to notify you of any later change in the law or good practice after the Call.
11. Document drafting
Any document we draft following the Call is provided for your own internal business use. The included document is a single letter or document of reasonable length and complexity arising from the Call. To allow us to draft it accurately, any request for the included document should be made within 14 days of the Call. Where you require further documents, substantial redrafting or work beyond reasonable scope, we will provide a separate quotation before carrying out that work.
12. Recording and notes
We routinely record Calls for note taking purposes. Recording allows our consultant to stay fully engaged during the Call and to produce an accurate record afterwards. By booking, you consent to the Call being recorded for these purposes. Recordings are treated as confidential and are not shared outside Silk Helix except where required by law. We keep each recording for 6 months from the date of the Call so that we can revisit the advice given during that period if needed, after which the recording is securely deleted unless we are required to retain it for longer by law. If you would prefer your Call not to be recorded, please tell us before the Call and we will discuss the options with you.
13. Standard of performance
We will perform the Call and prepare any included document using reasonable care and skill. Except as expressly set out in these Terms and to the fullest extent permitted by law, all other warranties, conditions and terms implied by statute, common law or otherwise are excluded. We do not warrant or guarantee that the advice will achieve any particular result or outcome.
14. Limitation of liability
Our total liability to you arising out of or in connection with the Call and any included document, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fee paid by you for the Call.
We shall not be liable for any indirect, consequential or special loss. We shall not be liable for any loss of profit, revenue, business, goodwill or anticipated savings, whether or not foreseeable.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded by law.
15. Treatment of personnel
Each party will ensure that its personnel treat the other party’s personnel with dignity and respect at all times and will not engage in harassment, bullying, discrimination or any behaviour that creates a hostile, intimidating or offensive environment. We reserve the right to end the Call immediately if, in our reasonable opinion, our personnel are being subjected to such treatment. In that event the fee remains payable and no refund will be given.
16. Data protection
Both parties will comply with all applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018. You will provide only such personal information as is necessary for us to deliver the Call and any included document. We will use that information to deliver the Call and any included document and to keep a record of the advice given. We retain our notes of the case and any documents we prepare for a period of 7 years from the date of the Call, so that we are able to respond to any later query, ongoing situation or claim relating to that advice. Call recordings are kept for the shorter period set out in clause 12. We securely delete case records at the end of the 7 year period unless we are required to retain them for longer by law or we have agreed otherwise with you in writing. Any personal information that is not needed for these purposes is deleted or returned once the matter is complete. Further information on how we handle personal data is set out in our privacy statement at silkhelix.co.uk/privacy-statement.
17. Confidentiality
Both parties will keep confidential any non-public information received from the other party in connection with the Call and will not use it except for the purposes of the Call. This obligation continues for two years after the Call. It does not apply to information that is or becomes publicly available other than through breach of these Terms or that a party is required to disclose by law or by a regulator.
18. Intellectual property
All templates, content, methodologies and frameworks used by us, including the SHAPE Method™, remain the intellectual property of Silk Helix Ltd. Where we draft a document for you under these Terms, you are granted a non-exclusive licence to use that document within your own organisation. You may not copy, reproduce, distribute or share our underlying templates or materials outside your organisation without our prior written consent.
19. Circumstances beyond our control
We will not be liable for any failure or delay in performing our obligations that results from your act or omission or from any circumstances beyond our reasonable control. Where such circumstances prevent us from delivering the Call, we will offer you a rescheduled Call or a full refund.
20. Complaints
If you are unhappy with any part of the service, please contact us at advice@silkhelix.co.uk so that we can try to put things right. We aim to acknowledge complaints within 5 Working Days and to respond fully within 20 Working Days.
21. Dispute resolution
If a dispute arises out of or in connection with these Terms, both parties will first try to resolve it through good faith negotiation. If it cannot be resolved within 30 days, either party may refer the matter to mediation before starting court proceedings. This clause does not prevent either party from seeking urgent injunctive relief.
22. Compliance with laws
We will comply with all applicable laws and regulations, including the Bribery Act 2010.
23. General
These Terms, together with your booking confirmation, form the entire agreement between the parties in relation to the Call and replace any earlier discussions or representations.
We may update these Terms from time to time. The version you accept at the time of booking applies to that booking.
You may not assign or transfer your rights under these Terms without our prior written consent.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Nothing in these Terms creates a partnership, joint venture or relationship of agency between the parties.
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Notices must be in writing and sent by email or by first class post. Notices to us should be sent to accounts@silkhelix.co.uk. Notices to you will be sent to the email address you provide at booking.
24. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them are governed by the law of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.
Silk Helix Ltd is registered in England and Wales with company number 12080100. Registered office: Elizabeth House, 28 Baddow Road, Chelmsford, CM2 0DG.