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Terms and Conditions – Pre-Paid Services

Our on-demand pre-paid service offers flexible and convenient access to top-tier legal professionals on a pay-as-you-go basis.

By purchasing pre-paid hours, you agree to the terms outlined here, including the scope of service, validity period for purchased hours, and cancellation policy. Hours must be used within the specified timeframe, and unused hours are non-refundable but will be carried over.

Full details regarding service delivery, confidentiality, and dispute resolution are available below. Please review these terms carefully, as proceeding with payment confirms your acceptance of them.

 

THE PARTIES

  1. Obelisk Legal Support Solutions Limited (registered company no. 07312074), having its registered address at 44 Southampton Buildings, London, WC2A 1AP (“Obelisk”).
  2. The Client or “you” refers to a legal entity named as a Client in a respective statement of work signed by Obelisk and the Client (the “SoW”).

Obelisk carries out the business of sourcing and supplying temporary legal resource (the “Services”). The Client has instructed Obelisk to supply Temporary Resources to provide certain Services, as specified in the SoW. By signing the SoW and using Obelisk’s services, you confirm that you have read and understood these Terms and Conditions (the “Terms”) and agree to be bound by these Terms. These Terms and the respective SoW form together a legally binding agreement between the Client and Obelisk (the Agreement) that shall govern the provision of Services ordered under the SoW.

1. THE SERVICES

  • 1.1 For the purpose of this Agreement, Obelisk shall act as an employment business as defined in Section 13(3) of the Employment Agencies Act 1973 or within the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and within the Conduct Regulations.
  • 1.2 Obelisk shall use reasonable endeavours to search for and Introduce Temporary Resources to the Client who meet the Client’s stated requirements within such timeframe as the Client may specify.
  • 1.3 Obelisk warrants that it has the necessary expertise to provide the services contemplated in this agreement and will perform them in keeping with the highest professional business standards by using appropriately qualified, experienced, and trained personnel.
  • 1.4 Obelisk warrants that it does, and it shall comply with all relevant statutes, laws, regulations, and codes of practice from time to time in force.

2. CLIENT ACKNOWLEDGEMENTS AND OBLIGATIONS

2.1 The Client shall:

      • 2.1.1 co-operate with Obelisk in all matters relating to the provision of the Temporary Resource;
      • 2.1.2 ensure that the terms of the SoW are complete and accurate;
      • 2.1.3 obtain and maintain all necessary licences, permissions and consents which may be required before date on which the Assignment is to start; and
      • 2.1.4 inform Obelisk of any health and safety rules and regulations, policies and procedures that apply at the Client’s premises.

2.2 The Client acknowledges that should the Temporary Resource be unable to provide the Services for any reason or requires support in order to comply with the mutually agreed deadlines for the completion of any work or assignment, the Obelisk can choose to provide a substitute or source further personnel in order to assist the Temporary Resource, provided such personnel are adequately experienced, skilled, and qualified to be able to fulfil the Services commissioned by the Client.

2.3 The Client is not under any obligation whatsoever to accept a Temporary Resource for an Assignment.

 3. FEES

3.1 The fees as set out in the SoW shall be paid by the Client via bank transfer or credit card on the basis of an invoice issued by Obelisk. Any such invoice must be settled in full by cleared funds prior to commencement of the Services.

3.2 VAT is payable at the applicable rate on all sums payable under clause 3.1.

3.3 The Client shall be liable to pay Obelisk an Introduction Fee, as set out in Clause 3.4 where Obelisk Introduces the Temporary Resource to the Client and:

      • 3.3.1 the Client Engages the Temporary Resource other than through Obelisk within a period of six months from the termination of the SoW in respect of which the Temporary Resource was supplied, or if there was no supply, within six months of the Introduction of the Temporary Resource by Obelisk to the Client; or
      • 3.3.2 where the Client introduces the Temporary Resource to a third party and such introduction results in an Engagement of the Temporary Resource or the Representative by the third party other than through Obelisk within six months from the date of the introduction by the Client to the third party.

3.4 The Client shall pay Obelisk an Introduction Fee equal to:

a) the greater of 25% of the annual salary or £6,000 excluding VAT where the Temporary Resource is a paralegal; or

b) the greater of 25% of the annual salary or £10,000 excluding VAT where the Temporary Resource is a Solicitor

3.5 No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates.

4. MUTUAL CONFIDENTIALITY OBLIGATIONS

4.1 Each party undertakes that it shall not at any time during this agreement, and for a period of three years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by Clause 4.3.

4.2 This clause 4 shall not apply to information which:

(a) is used or disclosed in the proper performance of the services or with the prior written consent of the other party;

(b) is known to its employees, officers, representatives, or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause 8;

(c) is ordered to be disclosed by a court of competent jurisdiction or otherwise required to be disclosed by law; or

(d) comes into the public domain through no fault of either party.

4.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

5. DATA PROTECTION

5.1 Both parties will comply with all applicable requirements of Applicable Data Protection Laws. This Clause 5 is in addition to and does not relieve, remove or replace, a party’s obligations or rights under Applicable Data Protection Laws.

5.2 The parties have determined that for the purposes of Applicable Data Protection Laws; Obelisk shall process the personal data as a processor on behalf of the Client; and the Client shall act as controller of the personal data.

5.3 The Client consents to, (and shall procure all required consents, from its personnel, representatives and agents, in respect of) all actions taken by Obelisk in connection with the processing of the Client’s Personal Data, provided these are in compliance with the then-current version of Obelisk’s privacy policy available at Cookies & Privacy | Obelisk Support(Privacy Policy). In the event of any inconsistency or conflict between the terms of the Privacy Policy and this agreement, the Privacy Policy will take precedence.

5.4 Without prejudice to the generality of Clause 5.1 the Client will ensure that it has all necessary appropriate consents and notices in place to enable the lawful transfer of Client Personal Data to Obelisk and/or lawful collection of the same by Obelisk for the duration and purposes of this agreement.

5.5 Without prejudice to the generality of Clause 5.1 Obelisk shall, in relation to Client Personal Data:

5.5.1 process that Client Personal Data only on the documented instructions of the Client unless Obelisk is required by Applicable Laws to otherwise process that Client Personal Data (Purpose). Obelisk shall inform the Client if, in the opinion of Obelisk, the instructions of the Client infringe Applicable Data Protection Laws;

5.5.2 implement the technical and organisational measures to protect against unauthorised or unlawful processing of Client Personal Data and against accidental loss or destruction of, or damage to, Client Personal Data, which the Client has reviewed and confirms are appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;

5.5.3 ensure that any personnel engaged and authorised by Obelisk to process Client Personal Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;

5.5.4 assist the Client insofar as this is possible (taking into account the nature of the processing and the information available to Obelisk), and at the Client’s cost and written request, in responding to any request from a data subject and in ensuring the Client’s compliance with its obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

5.5.5 notify the Client without undue delay on becoming aware of a personal data breach involving Client Personal Data;

5.5.6 at the written direction of the Client, delete or return Client Personal Data and copies thereof to the Client on termination of the agreement unless Obelisk is required by Applicable Law to continue to process that Client Personal Data. For the purposes of this Clause 5.5.6 Client Personal Data shall be considered deleted where it is put beyond further use by Obelisk; and

5.5.7 maintain records to demonstrate its compliance with this Clause 5.

5.6 The Client provides its prior, general authorisation for Obelisk to:

5.6.1 appoint processors to process the Client Personal Data, provided that Obelisk:

5.6.1.1. shall ensure that the terms on which it appoints such processors comply with Applicable Data Protection Laws, and are consistent with the obligations imposed on Obelisk in this Clause 5;

5.6.1.2. shall remain responsible for the acts and omission of any such processor as if they were the acts and omissions of Obelisk; and

 5.6.1.3. shall inform the Client of any intended changes concerning the addition or replacement of the processors, thereby giving the Client the opportunity to object to such changes provided that if the Client objects to the changes and cannot demonstrate, to Obelisk’s reasonable satisfaction, that the objection is due to an actual or likely breach of Applicable Data Protection Laws, the Client shall indemnify Obelisk for any losses, damages, costs (including legal fees) and expenses suffered by Obelisk in accommodating the objection.

5.6.2 transfer Client Personal Data outside of the UK as required for the Purpose, provided that Obelisk shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws.

5.7 The parties shall each comply with its obligation to report a Personal Data Breach to the regulator or appropriate supervisory authority and (where applicable) Data Subjects under Applicable Data Protection Laws and shall each inform the other party of any Personal Data Breach irrespective of whether there is a requirement to notify the regulator or any supervisory authority or Data Subject(s). Any material breach of Applicable Data Protection Laws by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.

5.8 The parties agree to provide reasonable assistance as is necessary to each other to facilitate the handling of any Personal Data Breach in an expeditious and compliant manner.

5.9 Obelisk’s liability for losses arising from breaches of Clause 5 shall not exceed the amount set out in Clause 6.

 

 

 

 

6. LIABILITY AND INDEMNITY

6.1 No liability is accepted by Obelisk for any Losses arising from the failure to provide a Temporary Resource for completion of the Assignment or from the quality of the Assignment Services, or the negligence, dishonesty, misconduct, fraud, acts or omissions to act or lack of skill of the Temporary Resource or if the Temporary Resource terminates the Assignment for any reason. For the avoidance of doubt, Obelisk does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

6.2 Obelisk’s professional indemnity insurance does not provide insurance cover for Reserved Legal Activities (as defined in Section 12 of the Legal Services Act 2007).

6.3 Nothing in this Agreement will limit or exclude (or purport to limit or exclude) either party’s liability:

(a) for death or personal injury caused by our negligence;

(b) for fraud or fraudulent misrepresentation

(c) to the extent that such liability cannot be excluded under applicable law.

6.4 Each party’s total liability to the other under or in connection with this Agreement, whether arising under contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed, in relation to all events occurring in any year £2,000,000 Two Million Pounds Sterling).

6.5 Except as set out in this Agreement, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

7. TERMINATION

7.1. The Services will terminate on the Engagement End Date set out in the SoW if stated.

7.2. Notwithstanding the provisions of Clause 7.1 the Client may instruct Obelisk, in writing, to end the Services immediately in the event of

(a) substantial material non-performance of or serious misconduct by the Temporary Resource,

(b) breach by the Temporary Resource while providing the Services to the Client of any statutory or other reasonable rules and regulations applicable to the Client; and

(c) breach of confidentiality by the Temporary Resource while providing the Services; provided that the Client provides detailed, written confirmation of such non-performance, misconduct, or breach.

7.3 Obelisk may terminate any and/or all Assignments forthwith by notice in writing if:

(a) the Client is in wilful or persistent breach of its obligations under this Agreement and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from Obelisk to do so; or

(b) the Client fails to pay any amount which is due to Obelisk in full and on the date that the payment falls due; or

(c) the Temporary Resource ceases to be entitled to work in the UK in accordance with the provisions of s.8 of the Asylum and Immigration Act 1996.

7.4 Termination of this agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

8. MISCELLANEOUS

8.1 Each party confirms that they have the authority to enter into this Agreement and to perform all of the obligations contained in it. No third party may rely on or enforce the terms of this Agreement.

8.2 Any term of this Agreement may be amended or waived only with the written consent of the parties.

8.3 Any notice required or permitted by this Agreement will be in writing and will be deemed delivered when received by the relevant party when delivered personally or confirmed by email or 48 hours after being deposited in the regular mail as certified or registered mail.

8.4 This Agreement and any non-contractual obligations connected with it is governed by and construed under English law and each of the parties hereto submit to the exclusive jurisdiction of the English courts regards any claim or matter arising under this Agreement or in connection with its subject matter.

8.5 If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision will be excluded from this Agreement, (ii) the remainder of the Agreement will be interpreted as if such provision were so excluded and (iii) the remainder of the Agreement will be enforceable in accordance with its terms.

8.6 Neither party may assign any of their rights or obligations under this Agreement without the prior express written consent of the other Party.

8.7 This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Schedule 1

Definitions

Applicable data protection laws 

 

To the extent the UK GDPR applies, the laws of the United Kingdom which relates to the protection of personal data including UK GDPR and the Data Protection Act 2018; and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the protection and transfer of personal data (including, without limitation, the privacy of electronic communications).

“Controller,” “data controller”,” processor,” “data processor,” “data subject,” “personal data”, “processing”, and appropriate technical and organisational measure are as set out in the Applicable Data Protection Laws in force at the time.
Consultancy 
means the person, firm or corporate body which meets the Conditions of Liability Introduced to the Client by Obelisk to carry out an Assignment.
Consultancy fees
means the fees payable to the Consultancy by Obelisk for the provision of the Assignment Services during an Assignment to the Client.
Engagement means the engagement, employment or use of the Consultancy or  the Representative by the Client or by any third party to whom or to which the Consultancy or the Representative was Introduced by the Client (whether with or without Obelisk’s knowledge or consent) on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or through any other engagement directly or through a limited company of which the Representative is an officer or employee or through a limited liability partnership of which the Representative is a member or employee; or indirectly through another employment business or company which holds itself out as such and “Engage”, “Engages” and “Engaged” shall be construed accordingly.
Introduce
means (i) the passing to the Client of a curriculum vitae, profile or information which identifies the Consultancy or Consultancy Staff; or (ii) the Client’s interview of the Temporary Resource (in person or by telephone or by any other means), following the Client’s instruction to Obelisk to supply a temporary worker; or (iii) the supply of the Temporary Resource; and, in any case, which leads to an Engagement of the Temporary Resource; and “Introduced” and “Introducing” shall be construed accordingly.
Introduction Fee
means the fee payable in accordance with clause 6 of this Agreement and Regulation 10 of the Conduct Regulations.
Losses
means all losses, liabilities, damages, costs, expenses whether direct, indirect, special, or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands.
Temporary resource 
means any Temporary Worker or Consultancy Introduced or supplied by Obelisk to provide the Assignment Services to the Client, including an Agency Worker and unless otherwise expressly stated, any Representative.
UK GDPR 
has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Valid Opt-out 
means written notification from a Consultancy and the Consultancy Representative in accordance with regulation 32(9) of the Conduct Regulations, as amended from time to time.

     

    How to contact us

    If you have any questions or concerns regarding these terms please contact us, either via post at:

    Obelisk Legal Support Solutions Limited
    Suite 3.02
    44 Southampton Buildings
    London
    WC2A 1AP

    or via email at [email protected].

    Last Reviewed: 11 Dec 2024

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