The Helping Hand Agreement
This is an agreement (the “Agreement”) made between
Awareness Holdings (“The Awareness Foundation”)
Whose operating address is 7 Bell Yard, London, WC2A 2JR
And
____________________________________________________________________________
(“Client”)
Whose residential address is ____________________________________________________
____________________________________________________________________________
The Awareness Foundation and the Client together form “The Parties”
on _________________________________________________ (the “Commencement Date”)
This Agreement is written in plain English none of the content is intended to be interpreted as legalese.
Clause 1 A Helping Hand
1.1 The following services shall be provided by The Awareness Foundation:
(i) education and training on legislation as it relates to charges (as specified below in sub-clause 1.2) levied by the government of the United Kingdom and/or other organisations against the Client;
(ii) guidance and support in challenging the validity of charges levied against the Client; and
(iii) direction on practical steps and procedures to be taken in relation to (ii)
(together the “Helping Hand Service”).
1.2 The Helping Hand Service is available in relation to the following charges only:
(i) television licences;
(ii) council tax;
(iii) personal income tax;
(iv) penalty charge notice (“PCN”);
(v) utility charges; and
(vi) Unsecured debts.
1.3 The Helping Hand Service is educational in nature and does not constitute legal advice.
1.4 In addition to and separate from The Helping Hand Service, The Awareness Foundation offers an additional service known as the “McKenzie Friend” where a member of The Awareness Foundation can assist a litigant in person in a court of law. For the avoidance of doubt the Client acknowledges that a McKenzie Friend need not be legally trained nor have any professional legal qualifications. A McKenzie Friend may prompt the Client, take notes on behalf of the Client and quietly advise the Client. The fees for a McKenzie Friend are priced on application, taking into consideration the complexities of the case. The Client determines in its sole and absolute discretion whether to utilise the McKenzie Friend service.
1.5 The Awareness Foundation may in its sole and absolute discretion determine whether to accept or decline a particular instruction for its Helping Hand Services, if it relates to a charge.
1.6 The Awareness Foundation does not engage on Client’s behalf and does not have the right to negotiate terms on Clients behalf with any third party unless expressly agreed, in writing, by the Client. Any and all payments and/or compensation negotiated with any third party to be concluded by the Client directly unless the Client has expressly agreed that The Awareness Foundation may engage directly with the third party in which case the Client will approve any and all proposed payments and/or compensation, in writing, prior to The Awareness Foundation agreeing said payment and/or compensation with the third party.
1.7 The Awareness Foundation does not handle any funds that the Client may be paid or compensated in relation to charges challenged pursuant to this Agreement.
Clause 2 The Helping Hand Service Fees
2.1 The Helping Hand Service is charged at standard rate (“Standard Fee”) in relation to charges that have:
- been levied within no more than the preceding six (6) months from the Commencement Date of this Services Agreement; and
- where the Client has not yet responded, via written or verbal communication, to the charge levied
in accordance with the Fee Schedule.
2.2 The Helping Hand Service may charge at non-standard rate (“Non-Standard Fee”) in relation to charges that have:
- been levied prior to the six (6) month period immediately preceding the Commencement Date of this Service Agreement; and/or
- where written and/or verbal communication has taken place in relation to a charge levied
in accordance with the Fee Schedule.
2.3 Any Non-Standard Fees to be determined on a case-by-case basis as agreed between the Parties prior to the Commencement Date of this Service Agreement.
2.4 Any Non-Standard Fees shall be reflective of the additional work required to provide the desired Service. Any delay in written confirmation of agreement to the non-standard fees will result in delay of the commencement of the Service.
2.5 The Service will begin on the Commencement Date subject to receipt of the Standard Fee or the Non-Standard Fee as applicable.
2.6 Any and all fees charged are subject to change and are non-refundable. Should Client stop paying in accordance with the Fee Schedule published by The Awareness Foundation, then The Awareness Foundation has the sole and exclusive right to withdraw the Helping Hand Service.
Clause 3 Disclaimer
3.1 The payment of Standard Fee and/or Non-Standard Fee for the Service does not provide a guarantee of successfully challenging the validity of the charge levied against the Client nor of any particular outcome however, The Awareness Foundation commit to ensure that the education, training and guidance provided as part of the Helping Hand Service is based on best practice and the most up to date knowledge reasonably expected to be known at the time of delivery of the Service.
3.2 The Awareness Foundation cannot accept any responsibility for errors and/or omissions resulting from failure by the Client to provide correspondence in accordance with Clause 4.2 below.
3.3 The Awareness Foundation cannot accept any responsibility for errors and/or omissions resulting from any misunderstandings arising out of any oral instructions.
3.4 The Client acknowledges and understands that The Awareness Foundation cannot commit to any particular timeframe for any given challenge to a levied charge.
3.5 It is the responsibility of the Client to act upon any guidance provided by The Awareness Foundation in a timely manner, and The Awareness Foundation accepts no responsibility caused by delays, omissions and or failure to act on the part of the Client.
Clause 4 Communication and Disclosure
4.1 All communication, written and/or verbal, will be conducted in English.
4.2 The Client acknowledges and accepts that in order for The Awareness Foundation to deliver the Helping Hand Service, the Client must provide all correspondence pertaining to the particular levied charge that is being challenged. The Client agrees to provide The Awareness Foundation with full, accurate and transparent disclosure of all correspondence (hard copy and soft copy documentation and all records of verbal conversation including telephone conversations) from the date of receipt of the initial communication relating to the levied charge now being challenged and on an on-going basis in a timely manner.
4.4 The Client acknowledges and accepts that any omission or inaccuracy with regard to correspondence relating to a charge will detrimentally impact the ability of The Awareness Foundation to provide the Helping Hand Service.
4.5 The Parties will act honestly, fairly, transparently and professionally.
Clause 5 Data Protection
5.1 To provide the Client with comprehensive and appropriate education, training and support The Awareness Foundation need to record and use information about the Client’s personal circumstances (“Personal Information”).
5.2 Personal Information will be held on written and computer records.
5.3 By signing this Agreement the Client consents to The Awareness Foundation using, processing and holding Client Personal Information for the purposes of providing the Services.
Clause 6 Termination
6.1 This Agreement may be terminated at any time, without penalty, by either Party.
6.2 Notice of termination must be given in writing and will take effect immediately upon receipt of the notice.
6.3 Upon termination the Client will stop paying for the Service and acknowledges and understands The Awareness Foundation does not offer a refund with respect of fees already paid.
6.4 The Client acknowledges and understands that The Awareness Foundation will stop providing the Helping Hand Service upon termination by either Party.
Clause 7 Grievance
7.1 Should Client have a grievance with respect to the terms of this Agreement Client should in the first instance put the grievance in writing to The Awareness Foundation representative providing the Service.
7.2 If the grievance cannot be settled pursuant to Clause 7.1 the complaint should be referred to a third-party arbitrator.
7.3 The Awareness Foundation and the third-party arbitrator will act with best intentions to find a resolution to the grievance where possible.
7.4 If Client grievance is found to be either frivolous or vexatious by the third-party arbitrator, The Awareness Foundation may be entitled to charge Client a fee for any expenses reasonably incurred in relation to work carried out in respect of resolution of the grievance.
Clause 8 Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of England & Wales.
Clause 9 Incorporation of Appendices
9.1 All appendices and attachments attached hereto and referred to in this Agreement form an integral part of this Agreement and are hereby incorporated and made a part of this Agreement for all purposes.
Awareness Holdings Limited (The Awareness Foundation)
Signed _________________________________________________
Print Name ______________________________________________
Date ______________________________
_____________________________________________ (Client)
Signed _________________________________________________
Print Name ______________________________________________
Date ______________________________
