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
· Fixed-Fee Services: Services delivered for a set price based on an agreed scope and estimated hours.
· PAYGO Services: Prepaid hourly services charged at the standard rate.
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 video call.
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:
· We shall not be held liable for any outcomes, consequences, or losses arising from such action.
· We may require written confirmation from the Client.
· We reserve the right to decline to act on such instructions if it would compromise professional standards, legal obligations, or service integrity.
· The Client accepts full responsibility for any risks or consequences.
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 £75.00.
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 takes significantly longer than expected due to a failure to disclose documents and information at the outset.
· The scope of work changes after the estimate.
4.8 Fixed-Fee Services: Fixed fees are based on an agreed scope of work and estimated hours.
· If logged time exceeds the estimate, no additional charges will be applied.
· If logged time is less than the estimate, no refund is due unless termination occurs (see Clause 7).
4.9 Digital Timesheet Logging: All billable activities (see Clause 6A) are logged using a digital timesheet system. These logs are retained for data accuracy, invoicing, and dispute resolution.
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 £75.00 per hour.
6A. BILLABLE ACTIVITIES – FIXED-FEE & PAYGO
The following activities are billable for both PAYGO and Fixed-Fee services:
Emails
Minimum of 15 minutes charged for reading and reviewing
Up to 30 minutes may be charged for comprehensive written responses
Phone and video Calls:
Actual time spent on calls is recorded and billed using logs
Meetings
Scheduled meeting time, preparation, and follow up are chargeable
Case Administration
Includes reading, document review, letter writing, completing forms, drafting submissions.
File Preparation
Includes bundle creation, evidence preparation, and case file organisation
7. TERMINATION OF SERVICES
7.1 Mutual Right to Terminate:
Either Party may terminate the agreement with five (5) working days’ written notice.
7.2 PAYGO Refunds on Termination:
· Remaining prepaid hours will be refunded based on unused time at £75/hour.
· Example: If you purchased 10 hours and used 6, a refund of £300 will be issued.
7.3 Fixed-Fee Refunds on Termination:
· Fixed-Fee refunds are calculated based on logged time worked at £75/hour.
· If actual time worked equals or exceeds the estimated hours, no refund is due.
· If less time has been logged, the unused time will be refunded.
o Example 1: Fee based on 45 hours; 25 hours worked = £1,500 refund.
o Example 2: 50 hours logged = no refund; no extra charge.
7.4 Refunds will be processed within 60 days 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.
8A. CODE OF CONDUCT – RESPECTFUL COMMUNICATION
8A.1 Both Parties agree to maintain respectful, constructive, and professional communication.
8A.2 Abusive, aggressive, or threatening behaviour may result in immediate suspension or termination of services.
8A.3 Concerns must be raised in writing and in accordance with the Complaints Policy.
9. REFUND POLICY
9.1 Once services have been delivered, all fees are non-refundable.
9.2 In the event of cancellation and or termination, deductions will be made for time logged at £75.00 per hour, even under fixed-price arrangements. (See clauses 6, 7.2 & 7.3)
9.3 Refunds will only be issued where required by law, including under the Consumer Rights Act 2015.
9.4 Clients are entitled to a breakdown of logged hours upon request.
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.
10.3 Working days are Monday to Friday, term time only, between 10:00 AM and 4:00 PM.
10.4 During holidays, an out-of-office response will notify you of return times.
10.5 During busy periods, (e.g. Tribunal attendance, responses may be delayed, but we will respond as promptly as possible.
10.6 We kind ask clients not to send multiple follow-ups within the stated response window as this slows down the 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 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 or disposed of securely per 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.
21. COMPLAINTS
We aim to provide the highest level of service. If you are dissatisfied, please submit your complaint in writing.
All complaints are handled in line with our Complaints Policy, available on request.
CONTACT
SENDHelp
Suite A, 82 James Carter Road
Mildenhall,
Suffolk,
IP28 7DE
0333 0140 304
hello@sendhelp-uk.com
IMPORTANT INFORMATION:
