Health and Safety Consultant Terms and Conditions. Trading as D4S Health and Safety Ltd. The below conditions are the “general” T&C’s and if you’re are a client on a retainer, refer to your contract issued.
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Payment:
We expect payment to be made within 2 weeks of invoice unless agreed prior to service provided. We acknowledge some clients may have payment terms of one or two months but these must be agreed and acknowledged by us prior to agreeing services we will provide. If a service is used that is an adhoc service such as SSIP Accreditations, one off policy or Risk Assessment, your business will be invoiced prior to the work commencing and invoice must be paid prior to the product being released. It’s at the discretion of D4S if work is completed prior to payment being received. On occasion, we may issue draft documents with watermarks on that will not be removed until payment is received.
Marketing and communications:
If you engage with us for a service and an invoice is issued, we will make an assumption that you will want to be contacted about other services we provide to assist your business in its legal compliance. This could include general information in the form of bulletins and services we offer. Therefore, we will deem newsletters and further comms as a legitimate interest under GDPR and continue to issue such material until you opt out. An option to opt out will be included on email communications. NB: If you opt out of further communication D4S will not be liable in the event of changes to any legislation that we may have provided details on previously. For example, we may have given advice on working at height methods in accordance with Working at Height Regulations and if we are made aware of changes in legislation, we won’t be liable to communicate such legislation and you could be working in accordance with no longer applicable advice and guidance. You will not be protected by D4S Indemnity insurance in this instance if you have opted out of communications which stop us from advising you under GDPR.
Giving notice of Service and no longer using D4S.
All contracts can be terminated in a 14 day cooling off period and you will be billed an hourly rate of £55 for work delivered within the period. In the event of no longer wanting to use our services, if your business is in a contract, this can only be terminated if a service has been miss sold or D4S have failed to deliver. It is recommended legal advice is sought to terminate a contract early while in an agreed contract. In the event a 12/24/36 month plan is in place, we will reach out prior to the end for an extension. When a new contract is not in place, you will continue to be invoiced and you can cancel the services with one months notice required. Services that are not within a contract, such as adhoc visits, risk assessments and etc, there is no obligation for continued support from either party. D4S can choose to end a contracted service giving 1 months notice at any time.
Upon the end of any contract or service, any documents remain yours to use. However, if they are subject to change, review dates, changes in legislation, change in activity, change of address, location of work, hazard or risk, D4S will not be liable for their content being applicable and/or suitable.
If an adhoc service is purchased, for example a one off risk assessment, you will own this document upon payment. If you then review this yourself or change the address for another site for example so it can be used again, D4S will not be liable for any content or incorrect control measures being adopted or followed. D4S signatory and branding must be removed and it must be signed off as your own. In the event D4S witness documents being used, amended and reviewed with D4S signatory and branding included we may take legal action.
Upon ending services provided by D4S, all documents must have D4S branding and signatory removed at the review date. If D4S are no longer your named responsible person, details must be removed from any documentation, policies and/or Risk Assessment.
Availability, No shows or unable to access site
In the event a date has been agreed to attend a site or meeting, you may be charged a full day rate of £350 plus fuel cost if applicable in terms set out in contract if consultant is unable to carryout a visit. It will be at the discretion of the Company Director if this charge is applied.
Not Following the advice provided by the consultant
In the event D4S have provided any advice whatsoever, either in recorded documents such as risk assessment or over the phone, you will not be protected if this advice is ignored or not followed. Examples; “We advise your business to use a scaffold in accordance with TG21:21 guidance and the contractor you appoint erects this and does not satisfy the guidance. You have not asked us to check this structure. In the event of failure, our insurance will not protect you”. “We write in a document that a structural engineer will set out where propping systems will be installed and this will be followed to prevent collapse of buildings. You do not appoint an engineer and the support system fails, our insurance will not protect you. “We document HAVS assessments are carried out on site to monitor exposure to vibrating tools. You have a visit from the HSE and they issue a fee for intervention as the monitoring is not being carried out. We will not be responsible for the fee as you have failed to follow the guidance we have given”.