Standard Terms of Business
1. ABOUT US
1.1. Company details. The Place Between Dispute Resolution is a trading style of Valerie Couillard, acting as a Sole Trader.
1.2. Contacting us. To contact us telephone our customer service team via +44 7883 302196 or e-mail valerie@theplacebetween.co.uk. How to give us formal notice of any matter under these terms is set out in Clause 13.2.
2. OUR RELATIONSHIP WITH YOU
2.1. These terms and conditions (Terms) apply to the supply of the services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2. These Terms are the entire agreement between you and us in relation to the services we provide. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3. These Terms and the Contract are made only in the English language.
2.4. You should retain a copy of these Terms for future reference.
2.5. We will require you to also sign an Agreement to Mediate or similar document which governs the dispute resolution service between the parties.
3. OUR DISPUTE RESOLUTION SERVICES
3.1. Enquiring about our services. Please complete the enquiry form and submit this to us.
3.2. Acknowledging receipt of your enquiry. After you submit your enquiry, you will receive an email from us acknowledging that we have received it. The team will review this and make contact with you on the same or next working day.
3.3. Initial Assessment. Your enquiry will be assessed for suitability based on the information supplied by you. We will conduct an initial call with you to assess suitability for one or more of our services.
3.4. If we can help. If the result of the intake meeting confirms that we can assist, we will manage your enquiry to conclusion. This may be the same person who conducted your intake meeting, but this is not guaranteed.
3.5. If we cannot help. If we are unable to help you for any reason, we will inform you of this by email and guide you to any alternative options available.
3.6. Dispute Resolution Fees. We will confirm the total cost to you, and this fee is usually split equally between the people involved in the dispute.
3.7. Additional Fees. We reserve the right, in our sole discretion, to charge additional fees to provide the services to you. We will advise you of any additional fees before commencing any work.
4. CANCELLATION
4.1. You may cancel the Service by providing at least 14 days’ notice in writing. All Fees are subject to a 25% cancellation fee. If you cancel the Service with fewer than 14 days to the date of your Service, the full fee will be due.
4.2. You can email us at valerie@theplacebetween.co.uk or contact us by telephone on +44 7883 302196. If you are emailing us please include details of your matter to help us to identify it.
5. FEES AND SERVICES
5.1. The Dispute Resolution Fee is the price quoted to you. Our Fees will set out the services which are being provided for you under this Contract. The Dispute Resolution Fee includes:
5.1.1. Reasonable preparation time for the Service;
5.1.2. Your confidential intake call; and
5.1.3. The Dispute Resolution session(s)
5.2. Our fees may change from time to time, but changes will not affect any agreed fee quote we have with you.
5.3. Our fees are exclusive of VAT.
6. We are committed to providing a quality service and shall:
a. Ensure the highest quality standards in the provision of our services;
b. Provide the highest standards of administrative support and competent team members to provide the services;
c. Keep you updated with progress of matters managed
7. HOW TO PAY
7.1. Payment of our fees are made in advance.
7.2. You can pay for the fees using a debit card or credit card or by online banking.
7.3. We will send you an electronic invoice upon receipt of your successful intake meeting which must be paid in full unless agreed otherwise with us. We reserve the right to charge an administration fee for any failed or cancelled payments.
8. COMPLAINTS
If a problem arises or you are dissatisfied with our services, please refer to our complaints policy, which can be seen here: https://www.fouchee-mediation.com/mediation-complaints
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1. We will use any personal information you provide to us to:
a. provide the Services to you;
b. process your payment for the fees; and
c. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
9.2. Further details of how we will process personal information are set out in our Data Protection and Privacy Policy.
10. LIMITATION OF LIABILITY
10.1. Nothing in the Contract limits or excludes our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or any other liability which cannot be limited or excluded by applicable law.
10.2. Subject to Clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the fees as paid by you.
10.3. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the fee. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
10.4. This Clause 10 will survive termination of the Contract.
11. CONFIDENTIALITY
Everything you inform us about your matter will be handled in the strictest of confidence. We will not at any time disclose any confidential information to any third party who is not a party to the Service unless we are required to by operation of law or to fulfil regulatory compliance.
12. TERMINATION
12.1. Termination of the Services will not affect your or our rights and remedies that have accrued as at termination.
12.2. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
13. COMMUNICATIONS BETWEEN US
13.1. When we refer to “in writing” in these Terms, this includes email.
13.2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
13.3. A notice or other communication is deemed to have been received:
a. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
b. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
c. if sent by email, at 9.00 am the next working day after transmission.
13.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
14. GENERAL ASSIGNMENT AND TRANSFER.
14.1. We may assign or transfer our rights and obligations under the Contract to another entity.
14.2. You may not assign or transfer your rights or your obligations under the Contract to any third party.
14.3. Variation. We reserve the right to amend the terms of this agreement at any time. We will endeavour to inform you in writing ahead of any changes which will likely affect the substantive nature of the contract.
14.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.6. Governing law and jurisdiction. The Contract is governed by English law. All disputes shall follow our Complaints Policy.