Making sure a business’ standard terms are incorporated within signed agreements, are up to date and clearly printed on all key trading documents – plus good record keeping – could help businesses avoid expensive court cases, according to Kent legal specialists Vertex Law.

The Kings Hill-based team is issuing the advice following a recent High Court case in which a company faced a claim for up to £7m in liability for negligence or breach of contract.

In Allen Fabrications Ltd v ASD Ltd, it was alleged that the defendant, ASD, failed to deliver a sufficient number of fixings required to secure a metal grating safely or to warn the claimant, Allen Fabrications, that additional fixings could be needed.

The Court had to consider whether ASD’s standard terms were incorporated into the agreement with Allen Fabrications without the paperwork available as evidence.

Sonel Martin, of the Vertex Law commercial team, said:

“This case, and associated legal costs, could have been grea
tly simplified or prevented by good record keeping and essential corporate stationery auditing and updating.”

“The Judge found that in order to get goods on credit from ASD, Allen Fabrications must have submitted a signed credit application form which incorporated ASD’s terms into all subsequent contracts. ASD was not able to produce this form from its records. If it had been able to the trial and all associated costs may have been avoided.”

“Furthermore, lack of retained or properly presented paperwork associated with the transactions between the two companies complicated the hearings and so inevitably added to the costs.”

“For example, ASD pleaded that its standard terms were printed on the back of all its invoices. However, it turned out they were not. Not only did ASD have to withdraw this allegation but it led to the claimant suggesting the terms may not have been printed on the back of advice notes either.”

The Judge also considered whether, had he found that there had been no signed agreement between the parties, the specific clause limiting ASD’s liability would have been considered so onerous, or unusual, as to require ASD to draw them specifically to the attention of Allen Fabrications.

“The Judge commented that an exclusion or limitation clause is not automatically onerous and that terms in very common use between two commercial parties had to be seen in context. There is no requirement for special notice where the other party is, in general terms, aware of the existence of the term or that the document contained or is likely to contain the onerous term, even if the term has not been read,” said Ms Martin.

“He noted that Allen Fabrications was a commercial customer who had a well-established previous course of dealing with ASD and would have seen their standard terms many times previously. This was sufficient for the limitation clause to be enforceable.”

“This case highlights the need for businesses, and in particular their sales and purchasing teams, to have proper procedures in place. They need to ensure that their standard terms and conditions are properly incorporated into their contractual relationships, whether by express statement of the terms in the contract or by express reference to them within as much pre-contract and contractual documentation as possible, such as quotations and confirmation of purchase orders, before the contract is made, and that copies are kept.”

Vertex Law can help you ensure that they are.

Vertex Law’s commercial team provides practical and pragmatic support on all commercial issues. For more information on Vertex Law, visit www.vertexlaw.co.uk.

Mention a Tone of Voice policy to a client and many are caught off guard. What is it, they ask, we have brand guidelines so why do I need one? Thankfully social media experts Ecce Media are on hand to answer these very questions and enlighten us to the importance of such a document.

What is a Tone of Voice policy?
As the name suggests, a Tone of Voice policy establishes the way you communicate with your audience whenever you are using non-verbal communication such as social media and newsletters. It’s a combination of language, personality, punctuation, grammar, vocabulary and communication styles, which combined, give your employees a set format and style for delivering information in a way which reflects the business. In short, it’s not what you say; it’s the way that you say it

Why is it important?
Think of a Tone of Voice policy as the nuts and bolts of your written communications. It’s as important as using the right font, corporate colours, and logo. By establishing a clear Tone of Voice, each and every written piece will be consistent, high quality, and reflective of your business, removing the margin for error and fears commonly associated with giving employees free rein on social media.

What does it include?
A robust Tone of Voice policy will cover all aspects of written communication including:

-When and how to use punctuation  – A sentence ending “Help!” vs “Help!!!” has very different connotations

-Use of acronyms and slang –ASAP is fairly well understood but LOL(Laugh Out Loud) or BTW(By the way) might not translate to your audience

-Use of technical language –Communications online should be jargon free, so define limits on the use of technical language

-Checking for correct spelling – Insist that all communications are passed through a SpellCheck system and proofread to eliminate silly errors that reflect badly on your buisness business

-Use of capital letters – Whenever mentioning your business, ensure your company name is displayed correctly e.g Amazon vs amazon vs amaZon

-Consequences of swearing – It’s obvious that swearing is a no-no, but by establishing why and the consequences of doing so, you can pull up anyone that strays from the policy

-Clarifies Do’s and Don’ts– Make it clear how you want employees to use social media, e.g. Do give credit to the sources/websites you’ve used but don’t constantly share other people’s news

-Adapting tone for social media–Outline the specifics relating to the social media platforms you use e.g. how to use hashtags on Twitter, which images to use on Pinterest and so on

-How to react to certain situations – Policies should give solutions to common online communication problems e.g. how to answer contentious messages, what to do about timewasters and so on

-Check list for written content – Every communication should be clear, concise, and reflect your businesses principles/personality. Before sending out, double check your content ticks all the boxes

-Use of Humour – Each policy makes clear what level of humour is acceptable, if deemed acceptable at all

This list is by no means exhaustive, and the end policy should always be completely tailored to each client to reflect their brand guidelines and personality.

Why is it useful?
A Tone of Voice simply clears up and clarifies questions which will naturally arise when using social media, and sets out a clear set of guidelines.

It ensures consistency, which is particularly important when a number of people are responsible for producing written content online. Nobody likes it when a brand stretches their logo or uses different fonts, and the Tone of Voice policy gives uniformity to all written communications. It also provides every reader with the opportunity to understand the business’ stance on its tone, and gives grounds to ensure everyone tows the line.

A Tone of Voice policy establishes positive boundaries which ultimately encourage more employees to get involved. It removes the fear/risk element that prevents many from interacting normally by setting an example for staff to follow.

Much like brand guidelines, a Tone of Voice enables you to differentiate your business from its competitors, establishing a unique character and style that makes you more memorable. It conveys your voice, personality, helping you to stand out from the crowd.

It also clears up bug bears which fussy copywriters will lose sleep over. In the “and” vs “&” debate, our policy insists that you always use “and”  unless 1) It’s part of a name e.g. M&S or 2)You are running out of character space.

Your policy won’t be fully-fledged style guide but it will most likely establish which style guide or dictionary your tone of voice is based upon. This allows anyone following the policy to have the correct point of reference when they need to query particular grammar or punctuation.

In conclusion, a Tone of Voice is essential to maintaining and managing a consistent and business focused online presence. As part of their new social media services, Ecce Media create water tight Tone of Voice policies which enable businesses to stand out online. To learn more about this service, and how Ecce Media can help you to create a policy, please get in touch.

If you would like to feature on the Kent Business Blog send your article to us today:  info@kentbusinessblog.co.uk

 You may have managed to set up and run your own business quite successfully to date, but the reality is that without the ability to present yourself and your ideas with credibility and confidence, you risk losing potentially valuable opportunities. Furthermore, even if you do put yourself forward to speak in public, unless you are able to get a grip of your nerves, you’ll be suffering with unnecessary sleepless nights and stress.

Even though about 50% of the population would say that they’re not naturally outgoing or attention-seeking, the good news is that you don’t have to be an extrovert to be good at presenting and speaking in public. If you have a business, a product or an idea that you believe in, then there’s no real reason why you shouldn’t be as impressive as those people for whom it seems to come naturally.

The secret is that everyone experiences nerves to some degree before speaking in public, it’s just that some people have learnt to channel their nervous energy into creative and dynamic energy that speaks to their audience in a convincing way.

Which is why Ashford based training company, H2 Training & Consultancy Ltd has teamed up with the Sophrology Academy (also based in Ashford) to create a unique practical half-day workshop especially for anyone who thinks that they may be letting their fear of presenting and public speaking get in the way of their own or their businesses success.

If you’re not sure whether this applies to you, ask yourself:

• Are you so terrified of public speaking that it actually makes you feel ill?
• Are you afraid to attend a training course in presentation skills or public speaking in case you’re put on the spot and asked to present in front of others?
• Do you sometimes wish you could pay someone else to represent you or your company at events, so you can avoid speaking in public?

If you answered YES to any of these questions, then help is definitely at hand!

The new half-day workshop has been carefully designed it to include some really effective practical stress-management Sophrology techniques, which help you to feel more confident and less panicky before giving a presentation. They work because they allow you to step aside from the unhelpful feelings and emotions which can send you into a spiral of negative thinking, and leave you free to perform at your best – selling your ideas, yourself and your business in their best light.

Attendees at the workshop will also learn the most valuable and practical tips for constructing an effective presentation or speech. These are the tools that are used by the majority of people you observe as confident, competent speakers – so all you have to do is apply them during the planning stages, and much of the hard work will done before you even get there!

If you’d like to learn more about the “Public Speaking for the Petrified” workshops being held near Maidstone on 23 November and again on 4 December, please follow the link, or copy and paste into your browser:

http://www.h2training.com/training/open-courses/half_day_workshops.html

Tina Halperin, Director, H2 Training & Consultancy Ltd
Email: th@h2training.com
Tel: 0800 0015 151

Web: www.h2training.com

If you would like to feature on the Kent Business Blog send your article to us today:  info@kentbusinessblog.co.uk

Most people know that to build and sustain successful small business, we need to work hard. It’s easy to see how so many people believe that the harder they work, the more energy, hours and effort they put in to their business, the greater the success they’ll have. It’s a common misconception that showing others just how hard we’re working is impressive in itself. If you recognise some of this in yourself, then it’s likely that you will have become accustomed over time to pushing yourself harder and harder, or allowing others to push you harder and harder, or to ‘dump’ their own pressures onto you!

Sadly, the truth of the matter is that the only thing that relentless pressure creates is stress, and the cumulative effects of daily stress, if left unchecked can often lead to so called “burnout”. Obviously nobody would like to think that they’re on a path to burning out, as we like to feel that we’re in control and doing just fine. However, even some of the most successful people reach their goals at the expense of their own health…

Which is why Ashford based training company, H2 Training & Consultancy Ltd has teamed up with the Sophrology Academy (also based in Ashford) to create a unique practical half-day workshop especially for anyone who has recognised that they are under a fair amount of pressure at work, and who doesn’t think it’s going to let-off in the foreseeable future.

If you’re not sure whether this applies to you, ask yourself:

• Do you find yourself thinking and worrying about work outside of ‘normal’ working hours?
• Do you wake up in the night, thinking about, worrying about or planning your work commitments?
• Have you started noticing stress-related symptoms, such as headaches, digestive problems, tension in your neck and shoulders?
• Are you less tolerant with others that usual?

If you answered YES to any of these questions, then this workshop is for you!

We have designed it to include some specific Sophrology techniques, which will enable you to recoup your vital energy and to approach your work with renewed enthusiasm, without feeling the negative effects of stress. You will learn how to free yourself from the downward stress spiral, and how to avoid the effects of pressure from undermining your performance, and eroding your relationships with your colleagues, customers and suppliers.

The workshop will also include some very practical tools that are used by many of the most successful (and healthy!) managers, entrepreneurs and professionals for dealing with some of the most common sources of stress, including how to deal with difficult people, and how to manage your own behaviour in difficult situations to create more positive outcomes. You will also be given a highly effective optimum performance and wellbeing strategic planning tool which will help you to avoid heading any further down the road towards the burnout trap!

If you’d like to learn more about the “Avoiding the Burnout Trap” workshops being held near Maidstone on 23 November and again on 4 December, please follow the link, or copy and paste into your browser:

http://www.h2training.com/training/open-courses/half_day_workshops.html

Tina Halperin, Director, H2 Training & Consultancy Ltd
Email: th@h2training.com
Tel: 0800 0015 151

Web: www.h2training.com

If you would like to feature on the Kent Business Blog send your article to us today:  info@kentbusinessblog.co.uk