Discovery Call Terms and Conditions
Please read these Terms and Conditions before booking the discovery call.
These Terms and Conditions explain how we provide our free discovery call. They apply when you ask us to provide the call or otherwise use it. If you have any questions before you proceed, please contact us.
Key Points at a Glance
This summary is for convenience only. Please read the full Terms and Conditions below, as they will apply if there is any inconsistency.
Fee: none. The discovery call is provided free of charge.
What is included: a remote discovery call of up to 20 minutes, during which we will discuss your business and forecasting needs and provide a recommendation on suggested next steps.
What is not included: no software, licence, forecast preparation or other consulting services are provided as part of this call. Any next steps you wish to take will be subject to separate terms and, where applicable, separate fees.
When our work ends: once the discovery call has taken place and our recommendation has been provided, whether verbally during the call or in writing afterwards.
No obligation: you are under no obligation to proceed with any recommendation made during or following the call. Referral and information sharing: if you were introduced to us by an introducer, broker or funder, or if one is involved in any related funding process, you agree that we may share information relating to you and the discovery call with them where reasonably necessary in connection with that referral or funding process (see clause 10.5).
1. Who these terms apply to
These Terms and Conditions are between Porterdale Ltd (company number 09631468) of 213 Derbyshire Lane, Sheffield, S8 8SA, contact email info@clearviewhub.co.uk (“we”, “us”, and “our”) and the person or business booking or receiving the Discovery Call (“"you” and “your”).
2. Our appointment
When you ask us to provide the Discovery Call, we agree to provide it on these Terms andConditions.
3. What we provide
The Discovery Call we provide under these Terms and Conditions is as follows:
3.1 The Discovery Call
3.1.1 The Discovery Call is a remote conversation of up to 20 minutes, conducted by telephone or video call, at a time agreed between us.
3.1.2 During the call, we will discuss your business and your forecasting or financial planning needs at a high level, based on the information you provide.
3.1.3 At the end of the call, or shortly afterwards in writing, we will provide a recommendation on suggested next steps. This may include (without limitation) a recommendation to engage us under a separate paid service, to use a particular product, to consult another adviser, or to take no further action.
3.2 What is not included
3.2.1 The Discovery Call does not include the provision of any software, licence, voucher code, platform access or subscription.
3.2.2 The Discovery Call does not include the preparation of any financial forecast, model, report or other deliverable.
3.2.3 For the avoidance of doubt, the Discovery Call does not constitute, and does not include, the preparation of statutory accounts, tax advice, audit, bookkeeping, business valuation, fundraising support or the provision of regulated financial advice.
3.2.4 Any recommendation provided is given on the basis of the limited information available during the call and is intended only as a high-level suggestion. It is not a substitute for detailed professional advice. You are under no obligation to act on any recommendation.
3.2.5 Any next steps you choose to take with us following the Discovery Call will be subject to separate terms and, where applicable, separate fees agreed at the time.
4. When these terms start and end
4.1 These Terms and Conditions take effect when you book the Discovery Call or otherwise confirm your acceptance of them, whichever is earlier.
4.2 These Terms and Conditions will remain in force until the Discovery Call has taken place and our recommendation on next steps has been provided, whether verbally during the call or in writing afterwards, unless terminated earlier in accordance with clause 14.
4.3 If the Discovery Call does not take place within 60 days of the date it was first booked, for example because it is repeatedly rescheduled or because you do not attend, we may treat these Terms and Conditions as having ended, without further obligation on our part.
4.4 For the avoidance of doubt, any further discussions, work or engagement following the Discovery Call will be the subject of separate terms and, where applicable, separate fees.
5. What we will do
Under these Terms and Conditions, we will:
5.1 Provide the Discovery Call with reasonable care, skill and diligence in accordance with generally accepted standards in our profession.
5.2 Assign a suitably skilled and capable member of our team to conduct the Discovery Call.
5.3 Make the relevant member of our team available at the time agreed for the Discovery Call, subject to the scope and 20-minute duration of the call.
6. What you will do
Under these Terms and Conditions, you will:
6.1 Provide us, in advance of or during the Discovery Call, with a reasonable summary of your business and the matters you wish to discuss, so that we can make best use of the call.
6.2 Attend the Discovery Call at the agreed time, or give us reasonable advance notice if you need to reschedule.
6.3 Ensure that any information you provide to us, whether before, during or after the Discovery Call, is accurate, complete and not misleading.
Please note that the usefulness of any recommendation we provide will depend on the information made available to us. We will not be responsible for any limitations in our recommendation arising from incomplete or inaccurate information being provided by you.
7. Fees and included time
7.1 The Discovery Call is provided free of charge. No fee is payable by you under these Terms and Conditions.
7.2 If, following the Discovery Call, you wish to engage us for further work or services, that engagement will be the subject of separate terms and, where applicable, separate fees agreed in writing at the time. Nothing in these Terms and Conditions obliges either party to enter into any such further engagement.
8. Expenses
No expenses are payable by you in connection with the Discovery Call.
9. Payment
9.1 As set out in clause 7.1, no fee is payable for the Discovery Call and accordingly no payment terms apply.
9.2 If, following the Discovery Call, you engage us for further work under separate terms, the payment arrangements for that further work will be set out in those separate terms.
10. Confidentiality and conflicts
10.1 We will not share information relating to your business with any third party without your prior written consent, unless required to do so by law, to comply with applicable regulations or quality control reviews, or unless the information is already in the public domain.
10.2 You may use any recommendation provided during or following the Discovery Call for your own internal business purposes. You may also share that recommendation with your professional advisers, funders or investors for your business purposes, on the express basis that no such third party may rely on it and no wider distribution is permitted without our prior written consent.
10.3 You recognise that we may be required to cease providing services to you in the event that a conflict arises between our duties to you and to another client. You will notify us promptly if you have any reason to believe that such a conflict has arisen or may arise.
10.4 We will communicate with you electronically and you accept the risks associated with such communications, except to the extent that any loss or damage arises from our negligence or wilful default.
10.5 If you were introduced to us by an introducer, broker or funder, or if an introducer, broker or funder is involved in any related funding process, you consent to us sharing with that party such information relating to you and the Discovery Call as is reasonably necessary in connection with that referral or funding process, including (without limitation) confirmation that the Discovery Call has taken place and a summary of any recommendation provided.
We will share such information on the basis that the relevant party treats it as confidential.
You may withdraw this consent at any time by written notice to us, in which case clause 10.1 will apply to any further information.
11. Data protection
11.1 Both parties agree to comply with their respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in connection with any personal data processed in the course of these Terms and Conditions.
11.2 All business information provided by you in connection with the Discovery Call remains your property at all times. We will only use such information for the purpose of providing the Discovery Call and any recommendation, and will not retain it beyond the period reasonably necessary for that purpose.
12. Intellectual property
12.1 All intellectual property in any materials, notes or written recommendations produced by us in connection with the Discovery Call will vest in and belong to us. You are granted a non-exclusive licence to use such materials for your own internal business purposes in accordance with clause 10.2.
12.2 All information provided by you to us in connection with the Discovery Call remains your intellectual property.
13. Limits on liability
13.1 The Discovery Call is a high-level introductory conversation. Any recommendation we provide is based on the limited information available during the call and is intended only as a general suggestion on possible next steps. It is not a substitute for detailed professional advice, and we accept no responsibility for any decision you take, or do not take, in reliance on it.
13.2 Where any loss or damage occurs as a result of you providing misleading, incomplete or inaccurate information, no liability will be accepted by us.
13.3 Any recommendation we provide may be used by you for your own internal business purposes and may be shared with your professional advisers, funders or investors in accordance with clause 10.2, but no third party may rely on it without our prior written consent. We accept no legal responsibility arising from any third-party use or reliance except where we have expressly agreed otherwise in writing.
13.4 To the fullest extent permitted by law, neither party will be liable to the other for any indirect, consequential or special loss, loss of profit, or loss of anticipated savings arising out of or in connection with these Terms and Conditions, whether arising in contract, tort or otherwise.
13.5 The Discovery Call is provided free of charge. To the fullest extent permitted by law, our maximum aggregate liability under these Terms and Conditions, whether arising in contract, tort (including negligence) or otherwise, will be limited to £100.
13.6 Nothing in these Terms and Conditions shall limit or exclude any liability which cannot lawfully be limited or excluded.
14. Termination
14.1 Either party may terminate these Terms and Conditions at any time before the Discovery Call by written notice to the other. Any notice under these Terms and Conditions shall be in writing and delivered by email to the contact details last notified by the relevant party, and shall be deemed to be received on the next business day after sending.
14.2 We may terminate these Terms and Conditions immediately by written notice if you fail to provide the cooperation reasonably needed for us to deliver the Discovery Call, if you do not attend a booked Discovery Call without reasonable notice, or if you do not respond to our reasonable communications for 30 days or more.
14.3 As no fee is payable for the Discovery Call, no refund will be due on termination under this clause 14.
15. Our relationship
Nothing in these Terms and Conditions will render us or any member of our team your employee, agent or partner. Anyone performing services under these Terms and Conditions does so as an independent contractor.
16. Continuity arrangement
If we become unable to provide the agreed services because of incapacity or death, we have a continuity arrangement in place with an alternative provider. Details can be provided on request. If this happens, we will contact you and you will have the option to decline those arrangements. Any such continuity arrangement will be subject to your agreement and will not affect your termination rights under clause 14.
17. Legal and compliance checks
17.1 We are obliged to ensure that you and your business are operating lawfully. By booking the Discovery Call or otherwise proceeding on the basis of these Terms and Conditions, you accept that we are authorised to complete such checks as may be necessary.
17.2 Under the Money Laundering Regulations, it is a criminal offence for us to fail to report suspicious transactions or to inform a client that a report has been made against them.
18. Third party rights
For the purposes of the Contracts (Rights of Third Parties) Act 1999, and notwithstanding any other provision of these Terms and Conditions, these Terms and Conditions are not intended to, and do not, give any person who is not a party to them any right to enforce any of their provisions.
19. Complaints and disputes
19.1 We are committed to providing a high-quality service. If you are dissatisfied in any way, please contact us as soon as possible. We will acknowledge your complaint within 5 business days and aim to provide a substantive response within 20 business days.
19.2 If the matter is not resolved, please set out your complaint in writing. We will investigate it in accordance with our Complaints Policy and Complaints Handling Procedure, copies of which are available on request.
19.3 If a complaint cannot be resolved through our internal procedures, we will direct you to an appropriate alternative dispute resolution (ADR) provider as required.
20. Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales. Before doing so, the parties will first seek to resolve any dispute through good-faith discussions and, failing that, mediation.
21. Acceptance of Terms
By booking the Discovery Call, attending the Discovery Call, or otherwise proceeding on the basis of these Terms and Conditions, you confirm that you accept and agree to be bound by them and that you have authority to do so on behalf of any business or organisation on whose behalf you act.