Terms & Conditions
All services and goods supplied by Positive Health and Safety are subject to the terms set out herein, except as varied in writing. The acceptance of a quote shall be deemed to be acceptance of these terms of business.
All services provided by Positive Health and Safety shall be to a professional standard and in accordance with the agreed quotation, in all respects with its requirements or the requirements of any other relevant authority or entity. The Client shall ensure that the quotation complies in all respects with their requirements, or any authority or any other person or entity involved. Where the Client requires modification or additions to the quotation, it is their responsibility to make a written request to Positive Health and Safety.
Positive Health and Safety reserves the right to alter or amend the contract at any time if in the absolute discretion of Positive Health and Safety the needs of safety so require. The contract price covers Positive Health and Safety fees for work, goods supplied and any expenses to cover travel, subsistence, and accommodation, and it shall be paid strictly in accordance with the terms of payment contained in this document. Please note that Positive Health and Safety shall only be responsible for supplying the items or services listed in any quotation or written agreement.
It is the Client's responsibility to ensure that Positive Health and Safety is notified of and provided with any and all relevant documentation or information necessary to carry out the required work. It is also the Client's responsibility to ensure that any documentation and information provided by Positive Health and Safety meets their or any third party needs and requirements. Positive Health and Safety accept no responsibility if any requirements of third parties (unless previously notified in writing) are not met.
All documentation such as policies, event plans, risk assessments, method statements, etc. supplied and/or produced by Positive Health and Safety for its clients will be clearly dated and supplied in PDF, Microsoft Word, Excel or Power Point format. Positive Health and Safety retains the copyright of all such documentation. Clients’ “logos” or “branding” can be added to documents if requested at the time of engagement and if the required artwork is supplied by the Client (jpg or similar image). Clients must note that their health and safety documentation will need to be updated on at least an annual basis or as their business, event or circumstances change.
It is a strict condition that any appointed safety staff provided by Positive Health and Safety under any agreement or contract shall have the unequivocal authority to immediately stop or cancel any performance, operation, or work activity if safety is compromised.
If the Client makes any assignment for the benefit of its creditors, commits and/or fails to inform Positive Health and Safety of any act of bankruptcy or of being a limited company, they shall suffer any receiver of its assets to be appointed or upon commencement of any winding up or upon failure to pay any sum due to Positive Health and Safety whether due under this contract or otherwise upon other breach of contract by the Client, Positive Health and Safety shall be entitled to cease work immediately and bring to an end any service or provisions supplied by Positive Health and Safety hereunder. Upon ceasing work and bringing to an end any service or other things supplied by Positive Health and Safety hereunder, any agreement or contract shall be deemed to have been terminated but without affecting any pre-existing rights of the parties including Positive Health and Safety’s right to receive payment of the full price of the agreement or contract without deduction.
Positive Health and Safety shall not be liable for any breach of an agreement or terms hereof where such a breach was caused by or substantially contributed to by any cause beyond the control of Positive Health and Safety including (without limitation) Act of God, insurrections, riot, civil commotions, Government or other enforceable regulations embargoes, explosions, strikes, labour disputes, fire and exceptionally adverse weather.
Competent Person
Where the Client instructs Positive Health and Safety to act as their “Competent Person”, it is understood and agreed thereby by the Client that, Positive Health and Safety and any Health and Safety staff working on behalf of them, shall be able to access the workplace without; restriction or hindrance during the Client’s working hours without prior notice, to ensure that the Client and/or his employees are acting in compliance with the Health and Safety at Work etc Act 1974, or any other supporting Health and Safety legislation that may apply to the working practices or service(s) that the Client undertakes.
Each party shall give the other 28 days’ written notice of termination of service, whereby at the end of the notice period, any work being carried out by Positive Health and Safety or any representative of them, will be completed and handed over to the Client. All other support services will also cease to be supplied to the Client, by Positive Health and Safety or any representative of them, after the termination date, unless an alternative working arrangement of service has been agreed by Positive Health and Safety and the Client.
The Client shall ensure that all outstanding invoices are paid in full within the normal payment period unless alternative arrangements have been made in writing with Positive Health and Safety.
Telephone, email and Skype/MS Teams Support
Support is restricted to advice only. Any enquiry that leads to more than 30 minutes of consultation or further work, will be subject to either the standard hourly rate or a set project fee.
Invoices
It is the responsibility of the Client or his appointed person to ensure that all the details on the invoice are correct. Any invoice query or amendment request must be made in writing to Positive Health and Safety, within 5 working days of the invoice being submitted to the Client for payment. Unless the payment due date was incorrect, the payment due date on any amended invoice will remain as on the original invoice.
Payments
Payment shall be made within 28 days of issue of any invoice by Positive Health and Safety (unless another agreement has been made between the Client and Positive Health and Safety).
Positive Health and Safety will be courteous and contact the Client or his appointed person with a reminder of any overdue invoice payment, providing the Client or his appointed person 5 working days to make the due payment.
Late Payment Fee
If payment is not made on, or before the invoice payment date, or on an alternative agreed date, the Late Payment of Commercial Debts Act shall apply to all agreements/contracts, with the adding of interest and a fixed late payment fee to a new submitted invoice.
Late payment/overdue invoices are to be paid within 5 working days of the invoice issue date.
The Client must contact Positive Health and Safety within 5 working days of the invoice payment date, to discuss any late payment agreement, or alternative payment plan (additional fee may apply).
The invoice(s) will be sent to a debt recovery agency after two attempts of trying to recover the overdue invoice(s) from the Client, or his appointed person, whereby they may add their own administration cost to the outstanding invoice(s).
Competent Person (Retained Service)
Payment for Positive Health and Safety to be retained and act as the Client’s “Competent Person” with all the agreed provided service(s) is too made one month in advance, during the agreement of retained support and service.
Late payment may lead to a suspension of work, support, and services, until any outstanding invoice is paid.
Any additional work or service provided during the month, will be invoiced and normal payment agreement apply, as laid out in these T&Cs, unless another arrangement has been agreed to between the Client and Positive Health and Safety.
Planned Projects
A 25% deposit will be required for any project that is £500 or greater, with the balance being invoiced as laid out in these T&Cs, unless another arrangement has been agreed to, between the Client and Positive Health and Safety.
Privacy Statement
Under the Data Protection Act 2018, Positive Health and Safety has produced a 'Privacy Statement' to show how it will meet its statutory duties.
How your personal information is used by Positive Health and Safety
We take your privacy seriously. Under the Data Protection Act 2018, you have a right to know how we collect, use and share your personal data. The information below provides a general description of the kinds of personal data we collect and how we might use and share it.
Our Privacy Promise - We promise to collect, process, store and share your data safely and securely.
What lets us collect your information?
When providing consultation and training services we generally work under the following legislation:
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Health and Safety at Work etc Act 1974
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Management of Health and Safety at Work Regulations 2006
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The Control of Substances Hazardous to Health Regulations 2002
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The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
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Other relevant legislation relevant to the working environment and it's tasks.
What kinds of personal data do we collect?
The personal data we collect might include your name, address, or other information that identifies you and / or the business. We will always make it clear what information we are collecting, how we will use it, and why and with whom we may share it.
How do we collect your personal data?
We collect your personal data in many different ways. You might give us your personal data yourself, by entering you on a training attendance form or by general contact with Positive Health and Safety personally, in writing or over the phone.
How do we use your personal data?
Your personal data may be used so that Positive Health and Safety can deliver its main functions, health and safety consultancy and training.
Why and with whom do we share your personal data?
We will share your personal data where there is a statutory obligation for us to do so, for example in the case of requests by enforcing authorities, Courts and solicitors.
How long do we keep your personal data?
Your personal data is kept in line with Positive Health and Safety Retention Schedule. The retention schedule for documentation, emails, training records and reports is to be shredded or deleted after 12 years.