TERMS AND CONDITIONS

SENDHelp – Advocacy & Case Management Services

BACKGROUND

These Terms and Conditions set out the basis under which SENDHelp (the “Service Provider”) provides advocacy and case management services to the Client (referred to as “you” or the “Client”).

By engaging our services, you agree to these Terms and Conditions, so please review them carefully to ensure you understand the rights, obligations, and scope of services provided.

1. DEFINITIONS

• Client: the person purchasing services (also referred to as “you”).
• Parties: the Client and the Service Provider collectively.
• Party: either the Client or the Service Provider individually.
• Service Provider: SENDHelp, the provider of advocacy and case management services (also referred to as “us” or “we”).
• Services: the advocacy and case management services being purchased.
• Terms and Conditions: this document outlining the rights and responsibilities of both Parties.

2. SERVICES

2.1 Duty of Care: We will provide services with reasonable care and skill.

2.2 Performance Schedule: Services will be provided according to our availability. Any dates given are estimates only and are not guaranteed.

2.3 Scope of Services: We specialise in Special Educational Needs and Disabilities (SEND) advocacy and representation. We are not solicitors. Clients requiring formal legal representation should seek advice from a qualified legal professional.

2.4 Referral to Other Providers: Where appropriate, we may refer you to another provider with the necessary expertise.

2.5 Case Updates: We will update you on key developments in your case via telephone, email, or messaging.

2.6 Outcome Monitoring: We will assess progress and consider whether outcomes continue to justify costs and risks.

2.7 Accuracy of Information: Guidance is based on the information you provide. We are not responsible for outcomes affected by inaccurate or incomplete information.

2.8 Responsibility for Actions: We are not liable for consequences resulting from your failure to act on advice, delayed responses, or inaccurate information.

2.9 Client-Directed Actions Contrary to Advice:

If the Client instructs the Service Provider to proceed with any action, decision, or course of conduct that is contrary to professional advice:

• The Service Provider shall not be held liable for any outcomes, consequences, or losses arising from such action.
• The Service Provider may require the Client to confirm such instruction in writing, acknowledging that it is being made against advice.
• The Service Provider reserves the right to decline to act on such instructions if it believes doing so would compromise professional standards, legal obligations, or service integrity.
• The Client accepts full responsibility for any risks or consequences that may result from proceeding against professional recommendations.

3. ORDERING

3.1 Order Process: Placing an order constitutes an offer to purchase services. A binding contract is formed when we issue a written confirmation.

3.2 Email Communication: The Client accepts the risks associated with email. If unacceptable, the Client must notify us in writing.

3.3 Encryption Policy: Encrypted emails are not accepted.

4. PRICE AND PAYMENT

4.1 Payment Terms: Payment is required in full in advance unless otherwise agreed.

4.2 Private Costs Basis: Services are provided on a private, fee-paying basis.

4.3 Payment Regardless of Outcome: Fees apply for work carried out with reasonable care and skill, regardless of the outcome.

4.4 Hourly Rate: Unless stated otherwise, our standard hourly rate is £65.00.

4.5 Expert Fees: Clients are responsible for any expert fees or external costs.

4.6 Work Commencement: No work will commence until payment has been received in full.

4.7 Price Variations: Fees may vary if:

• Services take longer than expected.
• The scope of work changes after the estimate.

5. CLIENT’S RESPONSIBILITIES

5.1 You agree to:

• Respond to communications promptly.
• Provide accurate and complete documentation.
• Make payments on time.

5.2 Failure to do so may result in suspension of services or additional fees.

6. CANCELLATION RIGHTS

6.1 You may cancel within 14 days of payment, provided that no work has commenced.

6.2 If work has started during that period, the cost of work completed will be deducted from any refund at £65.00 per hour.

7. TERMINATION OF SERVICES

7.1 If the Client terminates services before completion:

• Deductions will apply for work completed.
• Refunds will be based on logged hours at £65.00 per hour.
• Reasonable administrative fees may also be deducted.

7.2 Fixed-fee services are non-refundable once substantial work has commenced, unless otherwise agreed in writing.

7.3 Refunds will be processed within 60 days of termination using the original payment method unless otherwise agreed.

8. FAIR USE POLICY – COMMUNICATION & MEETINGS

8.1 The Client is entitled to reasonable ongoing updates and communications, including catch-up meetings.

8.2 Meetings may be booked at a reasonable frequency, up to one per fortnight, unless otherwise agreed.

8.3 Excessive or frequent bookings may be refused or rescheduled at our discretion to maintain service availability for all clients.

9. REFUND POLICY

9.1 Once services have been delivered, all fees are non-refundable.

9.2 In the event of cancellation, deductions will be made for time logged at £65.00 per hour, even under fixed-price arrangements.

9.3 Refunds will only be issued where required by law, including under the Consumer Rights Act 2015.

10. COMMUNICATION & RESPONSE TIMES

10.1 Communication is via telephone, email, and video call.

10.2 We aim to respond within three (3) working days.

• Working days are Monday to Friday, term time only, between 10:00 AM and 4:00 PM.

10.3 During holidays, an out-of-office response will notify you of return times and adjusted response expectations.

10.4 During busy periods (e.g., tribunal attendance), responses may be delayed beyond the stated timeframe, but we will respond as promptly and effectively as possible.

10.5 Emails are processed in date order and prioritised. We kindly ask clients not to send multiple follow-ups within the response window, as this slows down overall response times.

11. SUB-CONTRACTORS

We reserve the right to engage sub-contractors or third parties to carry out work as required.

12. NATURE OF RELATIONSHIP

Nothing in these Terms creates a partnership, joint venture, or employment relationship between the Parties.

13. LIABILITY AND INDEMNITY

13.1 Our total liability is limited to the total fees paid by the Client.

13.2 We accept no liability for indirect losses.

13.3 The Client agrees to indemnify us for any claims arising from their actions or failure to comply with these Terms.

14. PROPERTY AND INTELLECTUAL PROPERTY

14.1 All intellectual property in our materials remains our property.

14.2 The Client must not share or reproduce our documents or resources without written permission.

15. CONFIDENTIALITY

15.1 Both Parties agree to keep all information confidential, subject to legal obligations.

15.2 Client documents will be returned after use or disposed of securely in line with our data policy.

16. AMENDMENT AND TRANSFER OF RIGHTS

16.1 Any amendments to these Terms must be agreed in writing.

16.2 We may transfer our rights and obligations under these Terms without notice.

17. SEVERANCE

If any provision is deemed invalid or unenforceable, the remainder of the Terms will remain in full force.

18. THIRD-PARTY RIGHTS

These Terms are enforceable only by the Parties to the contract. No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999.

19. FORCE MAJEURE

Neither Party shall be liable for delays caused by events outside their control, such as illness, natural disasters, or system failures.

20. INSURANCE

The Service Provider holds Professional Indemnity Insurance through Simply Business to cover claims arising from professional negligence, errors, or omissions.

Business Address:

SENDHelp
Suite A, 82 James Carter Road
Mildenhall

Suffolk
IP28 7DE

For questions about these Terms or insurance details, please contact us directly.

Telephone 0333 0140 304

hello@sendhelp-uk.com