Positive Safety Training Limited
Terms & Conditions
These Terms and Conditions shall apply to all Services provided by Positive Safety Training Limited.
These General Terms and Conditions shall apply to all services proposed or provided by Positive Safety Training Limited, which are delivered entirely or partially to the Client.
1.1 In the context of these Terms and Conditions the word ‘Company’ will be construed as meaning Positive Safety Training Limited being the enterprise that is employed to perform the services referred to in these Terms and Conditions.
1.2 The word ‘Client’ will be construed as the recipient of those services.
1.3 The word ‘Premises’ means the premises of the Client in respect of and at which the Company is employed by the Client to carry out such services.
1.4 The word ‘Consultant’ means any person appointed by the Company and acting on their behalf in that capacity.
1.5 ‘the service(s)’ means the services(s) agreed to be provided by the Company and defined in a written quotation.
2.1 Any quotation for service given by the Company is not to be deemed an offer and accordingly any acceptance of that quotation will be deemed to be an offer by the Client to the Company for the Company to provide services on the Company’s terms and conditions as defined or contained in this document.
2.2 No service will be supplied or carried out by the Company for the Client except in accordance with the terms and conditions as defined or contained in this document. Any variation of the terms and conditions as defined or contained in this document is inapplicable unless accepted in writing by the Company
3.1 The fees are based on the assessed work load and any under assessment of time taken or services to be performed will result in an adjustment of fees accordingly and the Company reserves the right to back-date such increases to the relevant date or when such an under assessment became apparent to the Company. Notification of such will be given by the Company to the Client as soon as is reasonably possible.
3.2 Additional work outside the original agreed work will be charged at the standard hourly rate of £100. Quotations for additional training courses will be provided on request.
4.1 Unless otherwise agreed, payment is to be made against the Company invoice and payment shall be within 7 days of the invoice date. Any sums not paid on the due date shall be subject to an interest charge at the rate of 8% per annum above the base rate of Bank of England from time to time compounded monthly on all amounts overdue until payment therefore such to run day to day and to accrue after as well as before any judgement. The Company may at its absolute discretion withhold supply of the services pending payment of any sum due from the Client.
4.2 Unless otherwise agreed payment in advance is required for training (on a Client site or venue organised by the Company). This is not refundable if cancelled by the Client with less than 2 weeks’ notice or for individual’s non-attendance on a Company course.
5. Provision of Services
5.1 The Consultant(s) will use their best endeavour(s) to advise the Client relative to the agreed work, so as to assist the Client in addressing its duties or other requirements in accordance with such statutes, regulations, and systems of work, standards or management system requirements which may be applicable to the Client’s needs, obligations or other requirements:
i. they cannot advise upon or be responsible for any circumstance or any matter which occurs between any agreed inspection of the client’s premises and
ii. the Company is not responsible to the Client for non-compliance with the relevant statutes regulations systems of work or standards or for failing to observe unsafe working practices, unsafe conditions or environmental liabilities whether such non-compliance or failure is by, the Client’s servants, agents, contractors or subcontractors and
iii. the Company will offer no advice, whether verbal written or inferred relative to, or in relation to contaminated land and will accept no liability whatsoever in relation to any issue arising or relating to contaminated land.
5.2 When problems are identified which in the opinion of the Consultant require the advice of a particular specialist, the Company will notify the Client accordingly and will use its best endeavours to indicate where in their opinion such advice may be obtained. The obtaining and cost of such specialist advice shall however at all times remain the responsibility of the Client. The Company will in no way be liable for the competency, integrity or any other matter or liability arising from advice given to the Client relative to where other advice may be obtained or relative to such a third party giving that advice.
5.3 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
6. Client Obligations
6.1 The Client shall not reveal or make available the details of any report to any third party without first obtaining the prior written permission of the Company.
6.2 The Client shall indemnify the Company from and against all losses or damage incurred by the Company, whether to or at the insistence of the Client or its employees or agents or third parties or otherwise directly or indirectly arising from or in connection with the carrying out of the services.
6.3 Unless otherwise agreed the Client shall be responsible for providing a safe system of work for the Consultant while providing the services and the Client shall be responsible for all costs necessarily required in discharging this obligation and shall indemnify the Company in respect of all claims, costs, damages and loss suffered as a result of any breach by the Client hereof.
6.4 The Client shall not during the contract or at any time thereafter directly or indirectly canvass, solicit, endeavour to entice away, employ, engage or otherwise facilitate the employment or engagement of any person who is employed or engaged by Positive Safety Training Limited ( in particular but without limitation its trainers or consultants) ,for the purpose of providing goods or services of a kind or similar to those which are provided by Positive Safety Training Limited, whether or not such person would be in breach of contract or any other obligation as a result. Positive Safety Training reserves the right to suspend Services to any corporate customer who it has reasonable grounds to believe may have acted in breach of this clause at any time
7.1 The Company’s total liability (if any) to the Client (expecting always liabilities in respect of the personal injury or death), whether in contract, delict, quasidelict or otherwise in respect of any loss, direct or indirect or consequential, or damage (howsoever caused) directly or indirectly arising from any breach of Contract, or from any breech by the Company or its aforesaid of any duty owned to the Client in connection with the agreed service or in relation to the agreed service shall be limited to not exceed the fees paid by the Client for the provision of the Service, except as expressly provided in these Terms and Conditions
7.2 All services are undertaken in good faith to a reasonable standard of care and on a conditional basis. Reports are issued based on the information known to the Company at the time the services are carried out. Although the Company will use all reasonable endeavours to ensure accuracy, the Company’s achievements depend, inter alia on the effective co-operation of the Client, its staff and on the information submitted by the Client. Save as required by law, no representation or warranty, whether express or implied or otherwise as to the accuracy of a report is given by the Company. In consequence, all reports are prepared on the basis that:
i. There is no responsibility to any person or body other than the Client
ii. All advice and guidance is given and documents prepared on the basis that the land or property or undertaking that the advice, report or documents relate to, is not contaminated and is not on any contaminated land register.
7.3 No claims will be accepted by the Company arising out of pollution or contamination of any kind
7.4 Notwithstanding anything else herein the Company shall not be liable for any delay in performing the services or any of its obligations if such a delay is caused by circumstances beyond its reasonable control including, without limitation, ill health of any Consultant or any act or omission of the Client.
7.5 Positive Safety Training shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
7.6 The company train you to the best of our abilities to give first aid and to protect yourself whilst doing so. That does not make you a medical expert or invulnerable to injury and infection. We accept no liability whatsoever for your health and wellbeing or that of any individuals you give first aid to once you finish our course.
7.7 Delegates shall act reasonably throughout the training. Positive Safety Training may remove a delegate from a course, where, in the opinion of the Trainer (which shall be final), the Delegate Is behaving unreasonably.
7.8 The information contained in all Positive Safety Training coursework, presentations and literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor Positive Safety Training shall have any liability to any person or entity with respect to any offence, loss or damage caused or alleged to be caused directly or indirectly by the information contained in the coursework.
8.1 Either party may terminate the contract for the provision of the service by giving 14 days’ notice of termination if:
a) the other party has committed a material breach of the contract which is incapable of being remedied or not remedied within 14 days of a request to do so (such request identifying the breach complained of; or
b) the other ceases to trade or becomes insolvent or
c) in circumstances described in 7.4 above.
9. Governing Law
9.1 These Conditions and the contract shall be governed construed and shall take effect in accordance with the laws of England, and shall be subject to the jurisdiction of the English courts.
10.1 All notices to be served by one party on the other shall be deemed duly delivered or served forty-eight hours after posting if posted by first class mail to the address of the other party.
11. Ownership and copyright
11.1 Ownership and copyright in or of, any report or training programme and associated documents or information established or collated by the Company in the course of the service shall remain with the Company unless otherwise agreed and in any event, if agreed, only when the Client has discharged all its obligation under the contract, including payment of the price.
12.1 The Company requires candidates to attend the full course and to pass any practical and/or theoretical assessments to achieve certification. Some courses are assessed with an exam, practical assessment, or both and not all are time based. Remedial training will be quoted upon request. Our courses are time based. Candidates that do not achieve the required performance standard within the given time will fail the course. In the unlikely event that this happens we would be delighted to provide remedial training, charged by the hour, to get candidates to the required standard. Certificates will be issued as appropriate at the end of a course. Replacement certificates may be ordered at a cost of £15 +VAT subject to confirmation of identification. We will issue replacement certificates without charge if an error by Positive Safety training is identified. Replacement certificates will be issued with the name of the learner at the time of the examination.
12.2 To ensure that classroom courses are effective and are not interrupted, we operate a strict ‘shut door policy’ for our training courses and late arrivals will not be rescheduled or refunded. Please ensure you plan your journey well in advance.
13. Suitability of nominated candidates and facilities
13.1 It is the responsibility of the Client to ensure that you, or your nominated candidates, are suitable for the booked course. We embrace inclusively and try and adapt our training to accommodate everybody. However, people can be temperamentally or physically impaired and, in these cases, may fail the course. Any special requirements for students need to be advised to the Positive Safety Training instructor and discussed before the start of the course. If a student is considered to be unsuitable in the opinion of the Positive Safety Training instructor, with due consultation the student may be asked to leave the course.
13.2 For training at your venue Positive Safety Training require a clean and suitable training room with adequate lighting, ventilation and enough space to carry out practical and theory work in accordance with the group size – please contact us prior to the provision of the Service to discuss requirements.
13.3 All delegates who attend Positive Safety Training courses (which are delivered in English) need to have sufficient knowledge and understanding of the English language in order to receive a certificate of attendance. No refunds will be provided if a delegate is found to not have an adequate understanding of the English language.
13.4 To protect the welfare of the staff of Positive Safety Training Limited, we have a zero-tolerance approach to any forms of aggression or disruption. Any delegates who disrupt the class or are rude or abusive to any staff will be asked to leave the training course and will not be refunded for such course.
13.5 Any sound or video recording by delegates during classroom courses is strictly prohibited. Any delegates who are caught recording a classroom course will be asked to delete the recording pursuant to clause 15.7 and may be asked to leave the course. At our sole discretion, delegates who breach this clause may not be entitled to a refund for such course.
13.6 We advise that any delegate attending Positive Safety Training courses whilst pregnant, has acquired sufficient clearance from their GP. If a delegate is not able to complete the training course due to physical restrictions, the delegate will not receive their training certificate or a refund.
14.1 The Company obligation to provide the Consultancy Services shall be performed by one or more employees of the Company as the Company may consider appropriate.
14.2 The Company has the right, at its own expense, to enlist additional or substitute Staff in the performance of the Consultancy Services or may, sub-contract all or part of the Consultancy Services, provided that the Company provides details, whenever practicable, of the proposed substitute or sub-contractor ahead of the planned substitution and subject to the Client being reasonably satisfied that such additional Staff or any such sub-contractor has the required skills, qualifications, resources and personnel to provide the Consultancy Services to the required standard.
14.3 Where the Company provides a substitute or sub-contracts all or part of the Consultancy Services pursuant to clause 14.2 above, the company shall be responsible for paying the substitute or sub-contractor and shall ensure that any agreement between the Company and any such substitute or sub-contractor shall contain obligations which correspond to the obligations of the Company under the terms of this Agreement and the Consultancy shall remain responsible for the acts or omissions of any such substitute or sub-contractor.
14.4 The Company shall take all reasonable steps to avoid any unplanned changes of Staff assigned to the performance of the Consultancy Services but if the Company is unable for any reason to perform the Consultancy Services the Company should inform the Client on the first day of unavailability.
14.5 Due to the specialised nature of the work there may be a lengthy learning process for any Staff prior to becoming familiar with the work. As a result where substitute or additional staff are provided or where the performance of all or part of the Consultancy Services is sub-contracted, the Company shall provide wherever possible, at its own expense, (it being accepted by the parties that it would not be possible in circumstances provided for pursuant to clause 14.3 above), an overlap period for such substitute or additional Staff or any such subcontractor.
14.6 In the event that the Company is unable to supply either the original personnel or acceptable substitutes or sub-contractors then the Client is entitled to cancel this Agreement forthwith.
14.7 The Confirmation Note shall specify the Client, the fee payable by the Client and such disbursements as may be agreed and any other relevant information.
14.8 Save as otherwise stated in this Agreement, the Client acknowledges and accepts that the Company is in business on its own account and the Company shall be entitled to seek, apply for, accept and perform contracts to supply its services to any third party during the term of this Agreement.
15. Intellectual Property Rights
15.1 Positive Safety Training Limited are the owner or the licensee of all intellectual property rights:
(a) in our Sites, and in the material published on it; and
(b) in any documentation or materials provided as part of our Services.
15.2 Those works outlined in clause 15.1 are protected by copyright laws and treaties around the world. All such rights are reserved.
15.3 You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
15.4 You must not modify the paper or digital copies of any materials you have or been provided, printed off, or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.5 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
15.6 You must not use any part of the content on our Sites or any of our documents or materials for commercial purposes without obtaining a licence to do so from us or our licensors.
15.7 If you print off, copy or download any part of our Sites or other materials in breach of this Contract, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
16. Force Majeure
16.1 Neither party shall be liable in any way for any damage, loss, cost, or expense arising out of or in connection with a Force Majeure event. Upon the occurrence of any Force Majeure event, the party suffering thereby shall promptly inform the other party by written notice thereof specifying the cause of the Force Majeure event and how it will affect its performance.
Positive Safety Training Limited
e-Innovation Centre, Priorslee, Telford, Shropshire, TF2 9FT
0800 999 4494