INTRODUCTION
Thank you for choosing us as your Business Development Function.
The main purpose of this engagement letter is to set out the scope of the work we are undertaking for you, our terms and conditions, our fee agreement (as outlined in your invoice) and our privacy notice.
This engagement letter will remain in force unless and until it is replaced by an updated engagement letter. It will cover the services included within the scope, the Schedules of Services, any services provided under repeat or additional Schedules, and any additional work performed under the ‘Agreed Further Services' clause below.
Contacting Us
Our Saint Global Team is responsible for dealing with your day to day affairs and from whom you'll get the swiftest response. However, you will always be able to contact us directly if you prefer.
Email address: workforce@saintglobal.co.uk
Office Number: 020 8187 4201
Contacting You and Accepting Instructions
You agree that we will have open communication with the Directors of the company and will be our main point of contact in respect of your engagement.
By confirming your agreement to the terms of this engagement letter, you confirm you are the Nominated Individual who is authorised to sign the agreement, give instructions, provide information to us and to receive our advice and work produced on your behalf.
Any change to the Nominated Individual should be notified to us in writing and needs to be signed by all partners or officers. The change will not be effective until acknowledged by us in writing.
Any change to this individual's authority must be notified to us in writing and will not be effective until acknowledged by us in writing.
Period of Engagement
The period for which we have agreed to start providing the individual agreed services will be set out in your Service Schedule. We will continue to provide these services until there is an agreed change or the engagement is terminated. This engagement may be terminated by Saint Financial Group Limited at any notice. If we suspect that you have provided us, or a third party, with false or misleading information, we may terminate our engagement immediately. Termination will be without prejudice to any rights that may have accrued to either party prior to termination.
The Momentum Engine is a monthly subscription service.
Services with Saint Global will be subject to a Proposal and Contract (12 month contract).
Holiday Schedule
For the Christmas Period, we will be closed from the closest Wednesday to the 16th and we will return on the first working day closest to the 7th. Final confirmation will be announced by Saint Financial Group in the month of December.
Services
The agreed products/services outlined in your Proposal and Service Schedule form part of this engagement letter only. If there are other services that you wish us to provide then please contact us. Future schedules of services will be agreed between us, and will then form part of this engagement letter. All Services require payment up front and we will not be scheduled until payment has been received. Our services are split between Upfront services and Monthly Services.
Agreed Further Services
We will carry out such further additional services beyond those listed in the Schedules as we may agree with you in writing. Such additional services will be subject to our usual hourly rates and the terms of this Engagement letter and terms and conditions. Any advice given under this clause may only be relied upon if confirmed by us in writing.
Scope
This sets out the scope of our engagement with the entity. Please read these terms of service carefully. Once accepted, these terms of service, in combination with our privacy policy and data processing agreement (collectively the “terms”), become a binding legal commitment between you (or the business entity that you represent) and Saint Financial Group Limited and its respective officers, directors, successors and assigns (hereinafter referred to as “Saint Financial Group,” “we”, “us” or by our trading name “Saint Global”, “Saint Construction Support”, "The Momentum Engine") and will govern your access to our services and all other interactions with Saint Financial Group.
In the event of a conflict between these terms of service and the additional agreements incorporated herein by reference, these terms of service shall prevail.
Saint Financial Group reserves the right to make changes to these terms at any time. All changes are effective immediately when posted. Your continued use of our services following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
Scope of Services to be Provided
The Business Development Services will be agreed in your Proposal, on acceptance your chosen services will be presented in a Service Schedule providing a clear timeline of the services you have selected including the service level i.e. Hours, services completed, on your road map and not selected. You will be able to clearly see the proposed start dates where your Monthly Services will start and the first charge under AutoPay will begin. The Momentum Engine Subscription is a separate service and does not require a Proposal (sign ups are via the website)
Your Contract Renewal Date will also be highlighted in your Service Schedule (for saint global services).
Our Responsibilities
We will not audit the information provided. Consequently, our work will not provide any assurance that it is free from material misstatement, irregularities or error. Our specific responsibilities for each service provided are set out below.
Your Responsibilities
The advice that we give can only be as good as the information on which it is based. In so far as that information is provided by you, or by third parties with your permission, your responsibility arises as soon as possible if any circumstances or facts alter, as any alteration may have a significant impact on the advice given. If the circumstances change therefore or your needs alter, advise us of the alteration as soon as possible in writing.
You have undertaken to make available, as and when required, all the records and related information, including minutes of management meetings, which we need to do our work. You will provide us with all necessary information and explanations relevant to our work, and you will disclose to us all relevant information in full.You are responsible for ensuring that, to the best of your knowledge and belief, the information provided is accurate and complete. You are also responsible for ensuring that the activities of the business are conducted honestly, and for safeguarding the assets of the business and for taking reasonable steps to prevent and detect fraud and other irregularities.
You are responsible for ensuring that the business complies with the laws and regulations that apply to its activities, and for preventing non-compliance and detecting any that occurs.
We expect you to provide us with any information we need in a timely manner, and to the best of your abilities – if you need help to get your information in order, let us know so we can assist you, it will save you time and money in the future.
We may send you pre-work to complete prior to some of our meetings which we expect you to complete by the required date and to the best of your abilities – the more time you spend thinking about the answers to our questions, the more value you’ll get from our meeting.
Please respect our firm’s processes and ensure payments are made on time.The time of the meetings and/or location will be determined by Saint only. The Client will initiate all scheduled calls. If a meeting is missed, we have a right to charge a £95 missed call fee.
TERMS AND CONDITIONS
Introduction
The following pages set out the terms and conditions under which we agree to act. These terms and conditions (as updated from time to time) form part of the letter of engagement between us. They should be considered in conjunction with the following documents provided to you, to which you have also agreed:
The scope
The individual schedules of services
The privacy policy
The Service Schedule
These terms and conditions shall remain in force unless and until they are replaced by updated terms and conditions.
Applicable Law
Our engagement with you and the provision of the services provided are governed by the law and practice of England & Wales. Accepting the letter of engagement and these terms confirms both of our agreements that the courts of England & Wales will have exclusive jurisdiction over any claim or dispute over any matter in respect of the engagement.
Professional Body
We are a member of The Chartered Institute of Marketing.
We are also subject to regulation by the Association of Accounting Technicians (AAT). The website of our professional body is www.aat.org.uk where you can find details of our firm in the register of members along with the code of ethics and the regulatory framework with which we are required to comply.
Commissions Received Excluding Investment Business Commissions
From time to time we or another connected business may receive a commission or other benefit because of an introduction to another professional or a transaction arranged for you. You agree that we can retain such commissions or benefits.
Data Protection
We will comply with the General Data Protection Regulations and the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2020 which merge the previous requirements of the Data Protection Act with the requirements of the General Data Protection Regulation ((EU) 2016/679) when dealing with your personal data.
GDPR provides that:
Personal data only includes information relating to natural persons who:
can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information.
This will include but is not limited to a name, identification number, location data and an online identifier.
When providing our services we will usually be acting as a controller under the regulations for our business. We will be controllers as we will make decisions about processing activities when providing the agreed service to you.
We may act as a processor when providing certain services. In this case you would be the controller and we would act on your instructions.
We ensure that we comply with the principles as set out in the GDPR (for more information see www.ico.org.uk) when collecting and processing data.
These principles are:
Lawfulness, fairness and transparency Purpose limitation Data minimisation Accuracy Storage limitation Integrity and confidentiality Accountability
In order to comply with these principles we will:
Provide you with a privacy notice which should be read in conjunction with the letter of engagement, schedules of services and these terms and conditions
Ensure that the information that we collect and process is limited to that necessary for:
Providing the agreed services Complying with legal and regulatory obligations Contacting you with details of other services (where consent has been given)
Other legitimate reasons necessary to protect against claims or disciplinary action.
In order to comply with the regulations of our professional body AAT our files may be subject to review by a professional body, regulator or another qualified third party to ensure our continued compliance with those regulations.
You warrant and represent that you shall comply with your obligations under the Data Laws with regard to your obtaining and Processing of the Relevant Data.
It is acknowledged and agreed that (without affecting our status as a Controller in respect of the Relevant Data which is also retained by us) you shall be a controller in respect of the Relevant Data.
In your capacity as Controller of the Relevant Data, you shall (without prejudice to clause 3 above):
(a) where required to do so under the Data Laws make notification(s) to the applicable regulator or authority in relation to your Processing of the Relevant Data;
(b) ensure that only your properly authorised personnel shall have access to or Process the Relevant Data and that such personnel have entered into appropriate contractually-binding obligations to keep the Relevant Data confidential;
(c) ensure that, if and to the extent applicable, all fair processing notices have been given (and/or, as applicable, consents obtained) as required in accordance with the Data Laws for your Processing of the Relevant Data; and
(d) implement and maintain technical and organisational security measures against the unauthorised or unlawful Processing of the Relevant Data and against the accidental loss or destruction of, or damage to, the Relevant Data sufficient to comply at least with the obligations imposed by the Data Laws.
Where we notify you that any data subject (as defined in the Data Laws) whose Personal Data forms part of the Relevant Data has exercised their right to erasure of their Personal Data, you shall promptly take all necessary steps to comply with the exercise of such right.
Each party will (at its own cost) provide any cooperation or assistance reasonably requested by the other in connection with steps that a party takes to comply with Data Laws insofar as they relate to this Agreement or the Relevant Data.
Without prejudice, you shall maintain complete and accurate records and information to demonstrate your compliance with the Data Laws regarding Relevant Data, including such records as are required to be maintained pursuant to the Data Laws. You shall make available to us all information reasonably requested by us to demonstrate your compliance with the obligations set out in this Agreement. You will allow for and contribute to audits, including on-site inspections of your business premises or processing facilities, conducted by us or an auditor of our choice to assess your compliance with the Data Laws and the obligations set out in this Agreement. The process of such audits will be determined by us in consultation with you.
You shall, without undue delay, enter into such additional agreements with us and/or agree to such amendments to the Agreement as may be required to comply with the Data Laws.
As a result of the performance of our obligations under this Agreement, we may obtain data about you, your End Users or other individuals connected with you. You authorise us to store this information and use it in accordance with this Agreement and to pass it onto our sub-contractors where necessary to allow us to comply with our obligations under this Agreement. You acknowledge that we may use such data for the purposes of marketing our products and services, subject to obtaining the requisite consents from relevant End Users if you or your End Users could be identified from this.
Where End Users are accessing online Services or are otherwise (directly or indirectly) providing their personal data to us, you shall be responsible for ensuring that the relevant End Users and other relevant individuals are aware of the provisions of this contract and have read and agree to the privacy policy appearing on our Websites.
Bribery Act 2010
In accordance with the requirements of the Bribery Act 2010 we have policies and procedures in place to prevent the business and staff from offering or receiving bribes.
Conflicts of Interest
Where there is a conflict of interest in our relationship with you or in our relationship with you and another client we will notify all parties and where possible apply appropriate, agreed safeguards to protect the interests of all parties.Where suitable safeguards cannot be applied we may be unable to provide further services.
We reserve the right to act for other clients whose interests are not the same as or are adverse to yours, subject, of course, to the obligations of confidentiality referred to below.
Non-solicitation
You may not at any time during the Contract or for a period of 12 months following the termination of the Contract approach, deal directly with, engage, employ or solicit any of our existing associates or contractors or persons or businesses who have been our associates, contractors or engaged by us in the provision of the Services or attempt or authorise such action.
If during the term of the Agreement or within 12 months after the last date of supply of any Services, you breach in the Non-Solicitation Clause, you shall pay us the greater of:
The relevant individual's gross salary inclusive of all benefits at the time of their resignation or departure;
And
The equivalent of 50% of the relevant individual's new annual salary or fee inclusive of all benefits, such sum being deemed by you and us to be reasonable, commercially justified and proportionate to protect our legitimate interests
Professional Indemnity Insurance
We are required by our professional body AAT to have professional indemnity insurance. Details about the insurer and the territorial coverage can be provided on request via email.ComplaintsWe aim to provide excellent service at all times. However should you be dissatisfied in any way please contact Dylan O'Rourke. This may be done by writing to St Osyth Grange, 677 St Johns Road, St Osyth, Essex, CO168BJ or by emailing Dylan O'Rourke at complaints@saintfinancialgroup.co.uk.
We undertake to look into any complaint carefully and promptly and to take all reasonable measures to resolve the position to your satisfaction. If we do not deal with your complaint to your satisfaction you may take up the matter with our professional body AAT. At that point, if appropriate, We shall also provide you with details of an approved body that you may wish to contact with regard to a possible alternative dispute resolution process.
Saint will use reasonable endeavours, to respond to any complaint received in Writing from a Client in relation to any aspect of the Services in accordance with the following procedure;
The complaint will be acknowledged in writing within 5 Business Days of receipt;
Once details of the complaint have been taken the matter will be investigated and Saint will notify the Client of the result in Writing;
and If the Client is not satisfied with the outcome of the complaint, the Client may appeal in writing to the Managing Director of Saint.
Confidentiality
In accordance with our code of ethics all communication between us is confidential. Information will not be disclosed unless authorised by you (for a specific item or generally via the privacy notice) or where required by law or regulation. All staff and subcontractors working on your affairs will be bound by our client confidentiality and security terms and policies.
This relationship, as well as all information (documented or verbal) that the Client shares with Saint as part of this relationship, is bound by the principles of confidentiality set forth by Saint Financial Group. Saint agrees however not to disclose any information pertaining to the Client without the Client’s written consent. Saint will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that:
(a) was in the Saint’s possession prior to its being furnished by the Client;
(b) is generally known to the public or in the Client’s industry;
(c) is obtained by Saint from a third party, without breach of any obligation to the Client;
(d) is independently developed by Saint without use of or reference to the Client’s confidential information; or
(e) Saint is required by a lawfully issued court order to disclose;
(f) is disclosed to Saint and as a result of such disclosure Saint reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and(g) involves illegal activity.
The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Saint in a timely manner.
Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, Saint shall be entitled to recover all consultancy and legal fees and court costs from the other party.
Disengagement
When we cease to act for you a disengagement letter may be issued. This will ensure that our respective responsibilities are clear and agreed.
Should we be unable to contact you we may issue a disengagement letter to your last known address and cease to act.
Termination shall be without prejudice to any rights that may have accrued to either party prior to termination. We shall also have the right to terminate this engagement and cease to work for you in the event that you fail to pay our invoices or if you fail to provide us with complete timely or accurate information to enable us to carry out the services we have agreed to perform for you.
In the event of termination we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
At the time of termination of this engagement all fees will remain payable. Once our engagement with you has terminated or ceased (for whatever reason) we shall owe you no further duties to act for you or to advise beyond the date of termination or cessation of the engagement.
You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be due for the remaining months of your contract.
We have the right to cancel the engagement immediately if there is any unethical behaviour. We have a zero-tolerance policy. If you are unhappy with the service you have received, please contact compliants@saintfinancialgroup.co.uk where your complaint will be handled appropriately.
We have the right to charge a £150 admin fee for early disengagement.
Communication
We will communicate with you and any agreed third party by a secure method as agreed. If you have provided us with your email address, we shall accept that as your authorisation to communicate with you by email, unless you withdraw that authorisation. Where you have agreed to receive electronic communications you acknowledge:
Although we take all reasonable care there is a risk of non-receipt, delays, misdirection or interception by a third party and we use up to date virus protection software to reduce the risk you are responsible for virus checking any emails and attachments however careful parties are there is a risk associated with electronic communication which you accept.
In order to ensure that communication is effective you are required to notify us promptly of any change of postal or email address.
Consent to Use of Electronic Records.
In connection with the Terms of Service, You may be entitled to receive certain records from Saint Financial Group or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate Your use of the Site and the Site Services, You give us permission to provide these records to You electronically instead of in paper form. You also consent that electronic signature on agreements and documents has the same effect as if You, or the entity You're representing signed them in ink.
Passwords and Account Security
You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user ID's, strong and secure password; maintain the security of Your passwords, payment and credit card details, or other login information (collectively, "Passwords") that are provided to You by Saint
or that are generated in connection with Your use of the Service.
You are fully responsible for all activities that occur on the Service under any of Your Passwords.
Advertising
The Client undertakes not to use Saint Financial Group’s name (including trading names), address or logo in publicity materials without the prior written consent from Saint Financial Group Director’s.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Saint the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Saint permission and rights for use of the same and agrees to indemnify and hold harmless Saint from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract and/or placement shall be regarded as a guarantee by the Client to Saint that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Phone Calls
All telephone calls are recorded for training, quality and safety purposes.
About Autopay
Autopay (credit card payment or electronic funds transfer) payments will include any and all charges due Saint Financial Group Limited. Autopay payments include all charges that may be past due at the time you sign up for the service. All charges are in GBP. When you enrol in Autopay, or make any changes to your Autopay account, such updates may not take effect immediately, and your old payment method may apply to your next billing event. All future charges will be charged/withdrawn from your new payment method going forward.
Auto Payment Authorisation
I hereby request and authorise Saint Financial Group to charge credit card or to initiate electronic funds transfers (EFTs) from my bank account to pay all charges billed to my account on or after my invoice date, notwithstanding anything in existing agreement(s) with Saint Financial Group to the contrary. Such charges may include one-time charges, monthly charges, annual charges, and subscription charges incurred and pursuant to the terms and conditions of existing agreement(s) with Saint Financial Group. This authorisation will remain in effect until revoked by me in writing and receipt of such notice by Saint Financial Group albeit in terms with this contract (in reference to how to terminate the agreement). Saint Financial Group does not assume any responsibility for any interest, late fees or penalties associated with credit card payments. I agree to indemnify and hold Saint Financial Group harmless from any liability or loss occurring due to the dishonour of any debit presented as a result of any charge made or refused to be made under this authorisation for Autopay. In no event will either Saint Financial Group be liable for exemplary, special or consequential damages arising under this authorisation. Fees may be subject to change without notice. We will calculate the correct fee on your behalf. Card payments are taken in Pound Sterling. Your agreement on this form indicates acceptance of these terms and authorises us to charge the current fees to your card.
Customer Acknowledgement
I acknowledge and agree that I am responsible for providing advance notice to Saint Financial Group in writing or by logging into your stripe portal to make any changes to credit card or bank account information, including but not limited to name, account number, expiration date, etc. If a card is not updated after one month, the remaining contract will be payable in full.
I give Saint Financial Group authorisation to hold my card information on file and charge the fee calculated.
Fees, Payment Terms & Timetable
We will usually provide you with a fixed fee or hourly rate based quotation for each specified piece of work, as such will be set out on your invoice in respect of that work.
Unless agreed to the contrary, any estimate of our fees or a fixed fee quotation does not include any disbursements, or the costs of any third party, which shall be added to our invoices.
Where information is provided later than agreed in the key dates schedule an additional fee may be charged to ensure that the deadline for completion and submission of the information is met.
Any work to be carried out beyond that in a fixed fee quotation will be charged at our normal hourly rates, details of which are available on request. We reserve the right to increase our hourly rates at reasonable intervals (at least annually), without notice. Please contact us at any time if you would like the current list of hourly rates.
Any fees quoted or estimated are stated exclusive of VAT, which shall be added to our invoices if and when VAT is chargeable.
We may request from you one or more payments on account of our fees and disbursements.
Invoices for our fees will be issued to you at appropriate intervals in accordance with the agreement and payment plan if applicable. We will hold your preferred payment method on file and we are authorised to charge against your card for any additional services taken out.
We may agree to spread payment of your fees by way of monthly payments by our AutoPay Agreement – over a period of up to one year. Any monthly AutoPay agreed between us will be calculated with the expectation that your payments will be sufficient to settle the invoiced amount upon completion of the assignment to which the AutoPay relates. Where, during the course of an assignment, it becomes necessary to revise the estimate of fees, we shall explain the revised estimate to you in writing, and with your agreement charge the card held on file via AutoPay
In any situation where our fees are expected to be paid by a third party, until those fees have been paid in full, you shall remain liable for our fees.
Our fees will usually be increased in accordance with annual inflation.
We base our fees on a combination of the value of the service, the level of skill, responsibility required and the time spent undertaking the work. Saint will take monthly/annual, non-refundable, subscription/instalment payments via our preferred card processing service.
Any extraordinary conditions, not explicitly listed within the discussion of the item may be liable for further charges.
In the event that you breach any of these Terms, we shall have the right to immediately suspend the provision of Information and Services without notice. You shall indemnify us, on demand, against all reasonable costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your failure to perform or delay in the performance of any of your obligations under this Agreement, and/or from your fraud or negligence.
By accepting our terms and conditions, you agree the services are financially viable for your business and the funds are available to pay for a minimum of 12 months.
Overdue Amounts
If, for any reason, your payment provider declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
We reserve the right to stop work on your affairs entirely where any fees due from you remain outstanding.
We reserve the right to charge interest on all late payments. Where applicable this will be charged under the Late Payment of Commercial Debts (Interest) Act 1998. Any invoices that required chasing due to late payment will include a £95 + VAT administrative fee for each overdue invoice.
In respect of a client that is not a natural person, where that client is unable or unwilling to settle our fees, or where fees are overdue (as described above), we shall seek payment from the nominated person (or parent entity) who gave us instructions on the client's behalf, and we shall be entitled to enforce any fees due against them. If an account is in default the Nominated Individual of the Company will be held personally liable for the total fees outstanding.
If you do not accept that an invoiced fee is fair and reasonable you must notify us within 48 hours of receipt, failing which you will be deemed to have accepted that payment is due.
Default
Accounts unpaid 14 days after the date of invoice will be considered in default. If the Client in default maintains any information that Saints Intellectual Property/files, Saint will, at its discretion, remove all such material from its web space. Saint is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default, you agree to pay Saint reasonable expenses, including legal fees and costs for collection of payment and other expenses, incurred by Saint in enforcing these Terms and Conditions.
Payment Disputes
You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Saint Financial Group determinations regarding your obligation to pay invoiced Fees and charges are final.
No Refunds or Credits. Except as described below, all Fees assessed by Saint Financial Group are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Saint Financial Group does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Service. If you sign up for a Service but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Saint Financial Group reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Saint Financial Group’s determination of if and when to issue or deny a refund or credit is final.
Free of Charge (FOC) Hours
If you disengage from the contract within the first 6 months, at Saint's discretion, any FOC hours can be charged at the hourly rate of the service provided.
Lien
In so far as permitted to do so by law and professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all assignments undertaken for you until all outstanding fees and disbursements are paid in full.
Advice
We will assist in implementing advice only where this has been agreed in writing.
Advice given is valid at the time it is given. If you are implementing plans yourself at a later date you need to confirm that there have been no changes in any relevant facts or to laws and regulations that will impact on the validity of the advice.
Advice given orally should not be relied upon unless confirmed in writing.
Advice given by a non-principal should not be relied upon unless confirmed in writing by a principal.
Any advice given is for the use of the addressee of the engagement letter only. We accept no responsibility to any party who is not a party to this agreement.
Any advice given to you should not be passed to a third party without our express permission.
Any advice can only be used for the purpose for which it is given.
You acknowledge and agree that there is no contract between You and any director, member, employee or consultant of us (“Our Representatives”). Any advice given to you, or any other work done for you, by any of our Representatives, is given or done by that person on our behalf and is not in his or her individual capacity and no such person assumes any personal responsibility to you for advice or work.
Delivery of Our Services
You agree to provide full and accurate information necessary for us to advise in relation to your affairs. We will rely on the information and documentation being true, correct and complete, and will not, (unless agreed otherwise in writing) audit the information or those documents. We are not responsible for any inaccuracies in the information provided to us by you or third parties, and our advice is based on that information.
If we ask for information to be provided to us by a specific date, we shall not be responsible for any losses arising if you provide information after that date. We strongly recommend that you instruct us sufficiently in advance so that we have time to give properly considered advice prior to any deadline.
If you delay in providing information to us, such that we are unable to provide the agreed services, we may seek to resign from the engagement. As a result we will not be liable for any liabilities for any delays. We reserve the right to charge an administration fee of £150 per week for any late information that requires additional follow ups.
You authorise us to approach such third parties as may be appropriate for information that we consider necessary to perform the engagement
Where Saint engages a Third Party Supplier to provide goods and/or services to the Client then, for the avoidance of doubt, Saint will be acting as the Client's agent and not as principal in such engagement and the Client hereby authorises Saint to enter into contracts on the Client's behalf in its capacity as the Client's agent. Unless otherwise agreed between the Client and Saint, Saint shall advise such Third Party Supplier that Saint is merely acting as the Client's agent in respect of the relevant contract or proposed contract and any contract in respect of the provision of goods and/or services shall be between the Client and the Third Party Supplier. All acts done, decisions made and documents executed by Saint in good faith in the purported exercise of the powers of agency conferred by these Conditions shall for all purposes be valid and binding on the Client and his successors. The Client hereby undertakes to ratify and confirm everything that Saint shall do or cause to be done in pursuance of the powers of agency conferred by these Conditions and to save, indemnify, defend and hold harmless Saint and/or Saint Personnel from and against all claims, losses, damages, costs (including legal costs), Expenses and liabilities arising from the exercise, or the purported exercise, in good faith of any of the powers of agency conferred by these Conditions. Subject always to our liability section, where a particular Third Party Supplier was not specifically requested by or agreed to by the Client in relation to the provision of the goods and/or services in question but was instead selected by Saint for those purposes, Saint shall use its reasonable endeavours to ensure that such Third Party Supplier is competent to provide the relevant goods and/or services to a reasonable standard, providing always that (subject to our liability provisions) Saint shall not be liable to the Client if the relevant Third Party Supplier's performance, or the performance of a Third Party Supplier specifically requested by or agreed to by the relevant Client, falls below that standard. Unless otherwise agreed, the Client shall be responsible for obtaining from third parties (including, without limitation, any government or competent authority) any consents and/or permissions that may be necessary for: the performance of tasks by Saint and Saint Personnel; or the provision of goods and/or services by a Third Party Supplier;without Saint and/or the Third Party Supplier (as applicable) acting in contravention of any applicable law or in breach of any contract.
Any timescales advised by Saint to the Client from time to time for commencement or completion of any of the Services are approximate only and time shall not be of the essence of the Contract in respect of the performance of the Services by Saint.
Unforeseen Circumstances
Save in respect of any obligation under the Contract to make any payment, neither party shall be liable for any delay in performing any of its obligations hereunder if such a delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations. Such delay shall not constitute a breach of the Contract, provided however that if such delay continues for a period in excess of 60 days, the party not in delay shall be entitled to terminate the Contract forthwith by written notice to the other party.
Notwithstanding the foregoing, Saint reserves the right to decline to comply (without explanation) with any Request made by the Client to Saint in circumstances wherein Saint's sole discretion and acting reasonably, such as but not limited to:
Compliance with such Request would place unreasonably high demands on Saint having regard to the number of personnel available to Saint at the time such Request is made and/or the interests of other clients of Saint; Compliance with such Request might place Saint Personnel at risk of physical harm; Compliance with such Request would be detrimental to the public image and/or reputation of Saint or any individual or organisation related to Saint or its group of Companies; Compliance with such Request would be contrary to any rule of law, order of a court of competent jurisdiction or rules of any relevant regulatory authority; Saint has advised the Client that he/she will require to supply Saint with sufficient funds
to enable Saint to pay certain costs and Expenses which Saint anticipates incurring in the course of performing the Services which are the subject of such Request and the Client is yet to provide Saint with such funds
Non-Attendance Policy
Client agrees that it is the Client's responsibility to notify Saint 48 hours in advance of the scheduled calls/meetings. Saint reserves the right to bill the Client for a missed meeting. Saint will attempt in good faith to reschedule the missed meeting. Failure to attend/contribute/communicate will result in that month's appointment fee not being held on account and is agreed to be donated to Saint Ambassador for charitable causes.
Intellectual Property Rights
We will retain all copyright in any document we prepare for unless the law specifically provides otherwise.
Win respect of any documents, materials, computer files, data, reports, information and computer programs provided by the Client to Saint Financial Group in contemplation of the Contract (Client Provided Materials), the client hereby grants to Saint (and/or will procure that Saint is granted) a non-exclusive, royalty-free, transferable, sub-license, irrevocable licence to use, copy, modify, distribute and do all such other acts and things as Saint Financial Group may (acting reasonably) consider necessary with such Client Provided Materials to enable us to perform our services.
Internal Disputes
Our client is the business. If there is a dispute between the owners and/or managers of the business we will continue to communicate with the Nominated Individual, but will copy in all persons whose email details have been provided to us.If conflicting advice, instructions or information are received from different individuals at the client, we will refer all matters to the board of directors/partnership/LLP/spouses (as appropriate)and will take no further action until the client has confirmed the course of action to be taken as an entity.Limitation of LiabilityWe will provide our services with reasonable care and skill. Saint Financial Group entire liability under this agreement, and the Client’s exclusive remedy, shall be limited to 7.5% of the amounts paid by the client to Saint Financial Group under this agreement arising from the services, whether arising in contract, tort, breach of statutory duty. Saint can not be held financially liable in any way with regard to the services provided. We shall not be liable to you for any indirect or consequential losses or damages which may be suffered (or any person claiming under or through Client), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:special damage, even though saint was aware of the circumstances in which such special damage could arise; loss of profits; loss of anticipated savings, loss of business opportunity; loss of or goodwill; loss of or damage to data;We will provide our services with reasonable care and skill. Saint are in no way for any losses, damages, costs and expenses directly caused by our negligence or wilful default. Saint cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed as a result of a service offered by Saint.
If the performance of our obligations under this Agreement is hindered, prevented or delayed by any act or omission by you, your End Users, agents, sub-contractors or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such interference, prevention or delay.
Exclusion of Liability Relating to Non Disclosure or Misrepresentation Etc.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.
This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry beyond that which it would have been reasonable for us to have carried out in the circumstances.
Limitation of Third Party Rights
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
Exclusion of Liability for Loss Caused by Others
We will not be liable if losses, penalties, interest or additional tax liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are caused by a failure to act on our advice or a failure to provide us with relevant information. In particular, where we refer you to another firm for advice on matters outside the remit of our engagement, even if connected or related to the engagement, who you then instruct directly, we accept no responsibility in relation to the work carried out by that firm and will not be liable for any losses caused by them.
Indemnity for Unauthorised Disclosure
You agree to indemnify us and our agents in respect of any claim, including but not limited to any claim for negligence, (such indemnity to extend to all liabilities, costs, expenses, damages and losses, including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and including payment at our usual rates for the time spent by us in defending it, and all and other reasonable professional and management costs and expenses) arising out of any unauthorised disclosure of our advice and opinions, whether in writing or otherwise.
Limitation of Aggregate Liability
The Engagement Letter specifies an aggregate limit of liability, and that sum shall be the maximum aggregate liability of this firm, company or LLP, its principals, partners, directors, members, subcontractors or members, agents, consultants and employees (and of any former principals, partners, directors, members, subcontractors agents, consultants and employees) to all persons to whom the Engagement Letter is addressed and also to any other person that we have agreed with you may rely on our work.
You have agreed that you will not bring any claim of a kind that is included within the subject of the limit against any of our principals, partners, directors, members, subcontractors, agents, consultants, subcontractors or employees on a personal basis, or any former principals, partners, directors, members, agents, consultants, subcontractors or employees.
We will not be responsible for any Losses, which arise from or are relate to your acts and omissions, including where:You do not act on the provision of our advice or do report in accordance with our suggested guidelines; You do not timely provide us any information or materials we request in accordance with the Contract; You provide us information or materials that is not true, accurate or complete; or You provide us information or materials that are misleading; or We cannot supply the Services because you did not secure our access to the appropriate personnel/Information/Documentation.
You agree to defend, indemnify, and hold Saint Financial Group harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to:
(a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers;
(b) any breach of or default under these Terms by you, your employees, agents, or customers;
(c) the wrongful use or possession of any Saint Financial Group property by you, your employees, agents, or customers;
(d) any negligence, gross negligence or wilful misconduct by you or your employees, agents, or customers;
(e) misrepresentations by you, your employees, agents, or customers
(f) violation(s) of applicable law by you, your employees, agents, or customers,
(g) your actions and the actions of your employees, agents, or customers;(h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services,
(i) Taxes and other Fees and/or
(j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.
If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (“Customer Default”), in addition and without prejudice to any other remedy available by law or under the Contract:
We shall have the right to suspend performance of the Services until you remedy the Customer Default; We shall have the right to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays the performance of any of Our obligations; We shall not be liable for any Losses sustained or incurred by you arising directly or indirectly from Our failure or delay to perform any of our obligations You shall reimburse us on written demand for any Losses sustained or incurred by us arising directly or indirectly from the Customer Default.
We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
Our total liability to you in respect of any Losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of the Fees.
In no event shall Saint Financial Group be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from malicious code, loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the platform or third party services or of any website referenced or linked to from the platform.
Further, we shall not be liable in any way for third party services or disruptions thereof, or third party promises and/or statements regarding our platform services or content or for transactions with the third party through the platform, including without limitation the processing of orders.
Any advice provided by Us is based on current legislation, case law and practice prevailing as at the Commencement Date. Our advice may, therefore, be affected by any subsequent changes in such law and practice. We will have no liability to you in respect of any retrospective or retroactive legislative changes which may affect the advice given.
Limitation On Time To File Claims
Any cause of action or claim you may have arising out of or relating to these terms or the platform must be commenced within three (3) months after the event giving rise to the action or claim occurred, regardless of when you knew or should have known about it; otherwise, such cause of action or claim is permanently barred.
This clause of the Terms of Business shall survive termination of the Contract
Retention of Papers
We will return documents that belong to you when the assignment is complete unless specifically agreed with you. If we continue to hold records for you we will agree how they should be treated when we cease to act.
Agreed Further Services
We will carry out such further additional services beyond those listed in the Schedules as we may agree with you in writing. Such additional services will be subject to our usual hourly rates and the terms of this Engagement letter and terms and conditions. Any advice given under this clause may only be relied upon if confirmed by us in writing.
Survival of Clauses
In the event that any part of the Contract is held to be invalid by any court having jurisdiction over the Contract, that condition may be deleted from these Terms & Conditions and the remaining conditions shall continue to be, to the extent that they are unaffected by the deletion, valid and binding on the parties hereto.
Force Majeure
The Company shall not be under any liability if it transpires to be either impossible or impracticable to carry out the services on the terms agreed for reasons beyond the control of the Company and particularly in the event of strike, uprising (declared or undeclared), industrial dispute, war, global IT/ Cyber or Banking failure, terrorism, lock-outs, epidemic, riot, civil commotion, crime, malicious damage, epidemic, pandemic nuclear or radioactive and or acts of God or compliance with any law or Government order or agents acting on behalf of the Government, rule, regulation or direction, the Information becoming unobtainable or its use no longer being permitted by operation of law or otherwise, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The Client will settle in full for services to date immediately if the above is declared. The Company will return any prepaid payments at its discretion only when services return to normal.
Disclaimer
Saint Financial Group Limited is a construction support business which can include providing general information, forms, document templates and other items, subject to this Disclaimer and the other Terms and Conditions which you can see here.
Saint Financial Group is not a legal practice and our services do not constitute legal or other advice. Saint Financial Group takes reasonable steps to ensure that the information provided is accurate and up to date.
Saint Financial Group may amend any form, document template or other item or add, replace, or remove any form, document template or other item without notice.
The information, forms and document templates are designed and offered in good faith only to provide a guide for common situations.
Saint Financial Group furnishes both the information provided and its document templates, forms and other items without any express or implied representation, warranty, term or condition. If you have any questions concerning the appropriateness or use (for your intended or any other purpose) of any form, document template or other item made available by Saint Financial Group or the information contained on the website you must seek independent professional legal advice.
If you wish to use one of our templates to prepare a document but you are not going to be a party to it, you should first consider whether, under the Legal Services Act 2007, it is an 'instrument' and, if it is, whether it is lawful for you to prepare it.
Saint Financial Group has no involvement in, nor any responsibility or liability for any form, documents or templates used. Notwithstanding any other provision of either the Terms and Conditions or this Disclaimer, Saint Financial Group, its agents, employees, contractors and subcontractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, arising directly or indirectly from any omission from, error or defect in, or unsuitability of, any document template, form, information or other item available or from the possession, publication, use of or reliance on any such document template, form, information or other item, or for incorrect completion, alteration, use, filing of, or inability to use any such document template, form, information or other item.
The services and platform is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Your use of our Services and Platform is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. you agree that Saint Financial Group has no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through our Services or Platform.
Without limiting the foregoing, we make no warranty that
(a) the services or platform will meet your requirements,
(b) the platform services or platform, timely, secure, or error-free,
(c) the results that may be obtained from the use of the services or platform will be effective, accurate or reliable, or
(d) the quality of the services or platform will meet your expectations or be free from mistakes, errors or defects.
You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree that Saint Financial Group is not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.
Saint Financial Group makes no warranty regarding any transactions executed through a third party or third party services, or in connection with the platform, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any services or content available on or through the platform from a third party or through third party services is provided solely by such third party.We reserve the sole right to either modify or discontinue our services or platform, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. any new features or services that augment or enhance the then-current services on this platform shall also be subject to these terms of service.
Sub-Contracting Services
You acknowledge that on occasions, we may subcontract the supply of the Services to other professionals. If we subcontract the supply of the Services, you consent that we disclose any relevant aspect of your affairs (including Personal Data, as defined below, and confidential information) to them provided that they agree to comply with the confidentiality obligations in this Agreement.
IT Security
You acknowledge that the internet is not secure and that there are risks if sensitive information is sent by you to us via electronic systems that you require us to access. If you request us to access any specific system so that we can receive any information or materials you shall provide us under the Contract, it is your responsibility to ensure that your arrangements in this regard are sufficiently secure and confidential to protect your interests, information and materials.
We are not responsible for any computer virus or damage to Your computer system arising from Our electronic communication with you; and we shall not be responsible for any Losses arising from the unauthorised interception, re-direction, copying or reading of emails including any attachments.
Any data sent by us by email is not routinely encrypted and so if you do not want us to use email as a form of communication with you or if you require data to be encrypted then you shall advise us in writing. We and you also agree that a party shall not use any confidential information otherwise than for the purposes of complying with its obligations under the Contract.
Momentum Engine CRM
Certain features of our CRM services may require payment of fees on a variable basis. You agree to pay all applicable fees as specified. Failure to pay fees may result in the suspension or termination of your access to the CRM services. A breakdown of the additional charges required are listed here and form part of the T&Cs.
Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.
Intended Use. You may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to Saint Financial Group, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider
Privacy. By using the Platform and providing Information on or through the Platform, you consent to Saint Financial Group’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Saint Financial Group has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Saint Financial Group. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy.
You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorised by you. You agree to notify Saint Financial Group immediately of any unauthorised access to or use of your Platform Account or Login Credentials or any other breach of security. Saint Financial Group reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Saint Financial Group’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorised users from accessing your Platform Account with your Login Credentials.
Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Saint Financial Group is not responsible for your compliance with laws and does not represent that your use of our services or the platform will comply with any laws. All communications, whether SMS, MMS, email or otherwise, are approved by you and/or your customers, whether generated by You or sent automatically via the Saint Financial Group at your direction.
Third Party Services. The Platform may leverage or include access to Third Party Services. Saint Financial Group is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Saint Financial Group is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Saint Financial Group reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability and recharge any incurred fees. Saint Financial Group disclaims all liability related to outages or downtime of Third Party Services.
Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Saint Financial Group. Saint Financial Group is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.Customisations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and colour scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you. You acknowledge that you may not be able to customise the Platform according to your unique branding to the extent that your customisation would appear to be independently developed.
Saint Financial Group may remove any of your modifications at any time without advance notice and without liability to you.
Excessive Use Restrictions. We provide access to the Platform on a fixed price basis, and some clients can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Saint Financial Group’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform or if Saint Financial Group’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.Platform Updates. We reserve the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform.
You agree that your use of the Platform or purchase of Services is not contingent on Saint Financial Group's delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.
International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Saint Financial Group makes no representation that materials on the Platform are appropriate or available for use in locations outside the United Kingdom. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United Kingdom, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.
Prohibited Uses The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which Saint Financial Group may immediately suspend or termination your Platform Account in accordance with these Terms: Use of the Platform in any way that violates any applicable law or regulation. Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way. Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms. Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. Impersonating or attempting to impersonate Saint Financial Group, a Saint Financial Group employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
Engaging in any conduct that would may, as determined by Saint Financial Group, harm Platform users or Saint Financial Group, or expose either to liability. Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform. Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without Saint Financial Group’ prior written consent. Use of any device, software or routine that interferes with the proper working of the Platform. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform. Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempting to interfere with the proper working of the Platform.
Fees Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are non-refundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.
This is a monthly service.
Noncancellable Fees Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be cancelled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.
Changes to the Rate
Saint Global reserves the right to review and adjust the hourly rate, and any changes will take effect immediately.
Intellectual Property
Platform Content. The Platform and Platform Content are the property of Saint Financial Group or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Saint Financial Group grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive licence to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Saint Financial Group’ is strictly prohibited.
Feedback.
If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Saint Financial Group has no obligation to use the Feedback. You grant Saint Financial Group and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free licence to use any Feedback you submit to Saint Financial Group without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The licence includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, licence the Feedback, and all rights therein, in the name of Saint Financial Group or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Saint Financial Group, and neither your disclosure of the Feedback nor Saint Financial Group's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Saint Financial Group.
Feedback Waiver.
You hereby irrevocably release and forever discharge Saint Financial Group from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Saint Financial Group with respect to the Feedback, including without limitation how Saint Financial Group directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Saint Financial Group’s option and at your sole expense) to defend, indemnify, and hold Saint Financial Group harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Saint Financial Group may incur as a result of use of the Feedback in accordance with these Terms.
Copyright Act
If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the The Copyright, Designs and Patents Act 1988 and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to hello@saintfinancialgroup.co.uk (Subject line: “Copyright Takedown Request”) and mailed to the designated copyright agent address below.Our designated copyright agent to receive Copyright Notices is:
Saint Financial Group Limited
Attention Copyright Agent
St Osyth Grange
677 St Johns Road
Clacton-On-Sea
Essex
CO168B
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed
A description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.
PRIVACY NOTICE
Our Privacy Policy is agreed upon with signing these conditions.
https://www.saintfinancialgroup.co.uk/legal/privacy-policyAGREEMENT OF TERMS
The terms set out in this engagement letter, along with our terms and conditions and all schedules of services, shall take effect immediately upon you signing the confirmation or upon the commencement of work, whichever is earlier.
We will terminate the engagement should our sign on procedures not be satisfactorily completed in a reasonable timescale.
You or we may vary or terminate our authority to act on your behalf at any time without penalty. Notice of variation or termination must be given in writing. If this letter is not in accordance with your understanding of the scope of our engagement or your circumstances have changed, please let us know.
The terms of this engagement letter and documents supplied with it form the entire contract between us and will be effective for future years unless we advise you of any change.
Upon agreeing with our services you confirm your agreement to:
The terms of this letter
The scope of the assignment
The attached schedules of service
The standard terms and conditions
The Schedule of Services set out in your invoice
The Nominated Individual is authorised to give instructions and information and to receive advice and work produced on your behalf by signing this letter.
Once it has been agreed, this engagement letter will remain effective until it is replaced, amended or we end the agreement.
We look forward to working with you.
Golden Ticket Referral Programme terms & conditions
as a referrer, you are subject to Saint Financial Group Limited (“Saint”, “we” or “our”) privacy policy, as well as the following additional referral programme terms & conditions. The competition is open to residents of the United Kingdom aged 18 years or over. If you have questions on our referral programme, please email us at hello@saintfinancialgroup.co.uk.
Route to entry for the competition and details of how to enter via this link
Qualified referral
A qualified referral is defined as a newly referred client (referred client) with whom you (the referrer) hold an existing relationship and who has permitted said introduction to be made. The introduction must be a first introduction through you as the referrer i.e. a referral cannot be counted where Saint has an existing relationship with a referred client. A referral is counted as a company signing up as a subscription client on an annual plan. One off pieces of work do not qualify as part of the referral program. We are fully aware that relationships take time to build and so we do not put a time limit on a referred client signing up.
Who is a referred customer
The referred client and the referrer cannot be the same company or person.
How to earn a referral reward
For you to earn a referral reward as a referrer, the referred client must sign a letter of engagement and meet the minimum payment of £600 excluding VAT. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with the current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. We reserve the right to change this at any time.
What are referral rewards
Rewards are £100 cash/voucher. There is no limit on the number of referrals or successful referrals made each year. You are responsible for any and all tax liability resulting from referral rewards.
When are referral rewards collected
Referral rewards are collected upon the 3 months anniversary of the referred client having become a Saint client and 3 months fees have been paid.
Eligibility
Both individuals and companies are eligible for our referral program.
No spam policy
you must comply with all up-to-date ‘spam’ laws. Any introduction that could constitute unsolicited commercial email or ‘spam’ under any applicable law or regulation is expressly prohibited and will be ground for immediate termination of your account and exclusion from our referral program.
Right to close accounts
we reserve the right to close the account of any referrer and/or referred client and to request proper payment if the referrer and/or referred client attempts to use our referral program in a questionable manner or breaches any of these terms & conditions or is in violation of any law, statute or regulation.
Right to cancel program or change terms
We reserve the right to cancel the referral program or to change these terms & conditions at any time in sole discretion. Any unclaimed referral will be forfeited at that time.
By agreeing to this, you also agree to our privacy policy
Saint Financial Group & Construction Insider Disclaimer
This Disclaimer is part of the Terms and Conditions.
Saint Financial Group Limited & Construction Insider are construction support businesses providing general information, forms, document templates and other items, subject to this Disclaimer and the other Terms and Conditions which you can see here.
Construction Insider operates under Saint Financial Group - "we", "us", "Saint", "Saint Construction Support", "Construction Insider" or "CI" represents Saint Financial Group.
Saint Financial Group Limited & Construction Insider is not a legal practice and our services do not constitute legal or other advice.
Saint Financial Group Limited & Construction Insider takes reasonable steps to ensure that the information provided is accurate and up to date.
Saint Financial Group may amend any form, document template or other item or add, replace, or remove any form, document template or other item without notice.
The information, forms and document templates are designed and offered in good faith only to provide a guide for common situations.
Saint Financial Group Limited & Construction Insider furnishes both the information provided and its document templates, forms and other items without any express or implied representation, warranty, term or condition.
If you have any questions concerning the appropriateness or use (for your intended or any other purpose) of any form, document template or other item made available by Saint Financial Group Limited, Construction Insider or the information contained on the website you must seek independent professional legal advice.
If you wish to use one of our templates to prepare a document but you are not going to be a party to it, you should first consider whether, under the Legal Services Act 2007, it is an "instrument" and, if it is, whether it is lawful for you to prepare it.
Saint Financial Group Limited & Construction Insider has no involvement in, nor any responsibility or liability for any form, documents or templates used.
Notwithstanding any other provision of either the Terms and Conditions or this Disclaimer, Saint Financial Group, Construction Insider, its agents, employees, contractors and subcontractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, arising directly or indirectly from any omission from, error or defect in, or unsuitability of, any document template, form, information or other item available from Simply Docs or on its website, or from the possession, publication, use of or reliance on any such document template, form, information or other item, or for incorrect completion, alteration, use, filing of, or inability to use, any such document template, form, information or other item.