Terms of Service
Version 1.0 Effective 17 Aug 2010
(1) Unless it is clear from the context that some other meaning is intended:
(a) “the Agreement” has the same meaning as in rule 1 (a) of the Rules;
“Commencement” means the commencement of the Mediation;
“the Company” means NIPC Ltd. a private company incorporated in England and Wales with limited liability under company number 06223818;
“Disbursements” means expenses reasonably incurred by the Company in supplying Services to a Party such as room hire, catering, photocopying and transport;
“Dispute” means a dispute between two or more Parties;
"Mediation"has the same meaning as in rule 1 (a) of the Rules;
"the Mediator" has the same meaning as in rule 1 (a) of the Rules;
“Party” means a party to an Agreement;
“the Rules” means the NIPC Mediation Rules;
“Services” means the Company’s services such as appointing mediators, arranging venues and telephone hearings, providing refreshments and generally supporting a Mediation;
“the Terms” means these terms of service;
(b) masculine pronouns and possessive adjectives connote the feminine and neuter and vice versa; and
(c) the singular includes the plural and vice versa.
(2) The headings to the Terms are intended to make the Terms easier to read and neither form part of the Terms nor affect their construction.
2. Status of these Terms
(1) These are the only terms upon which the Company supplies Services.
(2) Any other terms, whether oral, written, contained or referred to in instructions, offers to procure Services or otherwise, shall disregarded.
3. Appointment of the Mediator
(1) A request for the appointment of a Mediator under rule 4 (8) shall be supported by a witness statement exhibiting correspondence of the Parties' attempts to agree the membership of the tribunal.
(2) The request must be accompanied by a fee for appointing the Mediator ("the Appointments Fee").
(1) The Company will arrange hearings as agreed by the Parties or directed by the Tribunal for which it may charge a fee ("a Hearing Fee").
(2) The Parties shall be jointly and severally and severally liable for paying such fee and any Disbursements by the Company.
(1) A Party shall pay the Disbursements and any Fee that may remains due within 14 days of receiving the Company's invoice
(2) Without prejudice to its other rights and remedies, the Company shall be entitled to interest computed on a day to day basis at the annual rate of 3 above the base rate of HBOS Plc for the time being upon any sum that may be due to her from the date such sum may fall due until judgment or sooner payment.
6. Force Majeure
Should the Company be prevented or hindered from performing any obligation by circumstances beyond its reasonable control (including but not limited to terrorism. strikes or other labour dispute) it shall not be liable to the Parties for any loss or damage that the Parties may sustain from such non-performance and the Company shall be excused from such performance while those circumstances persist.
Should any of these provisions be void, voidable or unenforceable on grounds of illegality or as contrary to statute, public policy or ordre public in any part of the United Kingdom or elsewhere, such provision shall be deemed never to have formed part of these Terms but all other provisions shall remain in force.
8. Choice of Law
These Terms shall be construed and enforced in accordance with the laws of England and Wales.