1. Introduction

These Terms and Conditions ("Terms") govern the provision of services by SafetySoundboard Ltd ("we", "us", "our") to the client ("you", "your"). By engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not engage our services.

2. Services

We provide health and safety consultancy services ("Services") as agreed in our engagement letter or proposal ("Agreement").

We shall use reasonable care and skill in the performance of the Services in accordance with industry standards and applicable laws.

We are not designated as your competent person in legal aspects. While we will provide accurate advice based on the circumstances presented during our consultations, we cannot accept the role of competent person due to the potential for circumstances to change. Factors such as personnel, weather conditions, tasks, tooling, or any other variables may affect the matters upon which we were consulted. Therefore, our advice is based on the information provided during the consultation and may not encompass all potential scenarios.

3. Fees and Payment

All fees shall be due and payable within 30 days of an invoice being sent. All fees shall be communicated and agreed in advance and only once agreed in writing shall the consultation be arranged. Consultations can be cancelled free of charge within 48 hours. After 48 hours any cancellation shall be subject to full payment.

Our fees for the Services are set out in the Agreement. All fees are exclusive of VAT, which shall be added to our invoices at the applicable rate.

Where invoices are generated, Invoices are payable within 30 days of the invoice date unless otherwise specified in the Agreement.

If you fail to make any payment on the due date, we reserve the right to:

a) Suspend the provision of Services until payment is made in full.

b) Charge interest on overdue amounts at the rate of 4% per annum above the Bank of England base rate from the due date until payment is made.

4. Client Obligations

You shall provide us with all necessary information, documentation, and access to personnel and premises required for us to perform the Services.

You warrant that all information provided to us is accurate, complete and that you have the right to redistribute to ourselves.

You shall comply with all applicable laws and regulations in relation to your activities and the engagement of our Services.

5. Confidentiality

Both parties agree to keep confidential all information obtained from the other party that is marked as confidential or which ought reasonably to be considered confidential.

This confidentiality obligation shall not apply to information that:

a) Is or becomes public knowledge other than by breach of this clause.

b) Is received from a third party without breach of any confidentiality obligation.

c) Is required to be disclosed by law or regulatory authority.

6. Data Protection

Both parties shall comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR).

We will process personal data as described in our Privacy Policy, which is available on our website.

7. Intellectual Property

All intellectual property rights in materials provided by us in connection with the Services shall remain our property unless otherwise agreed in writing.

You are granted a non-exclusive, non-transferable license to use the materials for the purposes for which they are provided.

8. Limitation of Liability

Nothing in these Terms shall limit or exclude our liability for:

a) Death or personal injury caused by our negligence.

b) Fraud or fraudulent misrepresentation.

c) Any other liability that cannot be excluded or limited by law.

Subject to clause 8.1, our total liability to you in respect of all losses arising under or in connection with the Agreement shall in no circumstances exceed the total fees paid by you to us for the Services.

We shall not be liable for any indirect, special, or consequential loss or damage arising out of or in connection with the Agreement.

9. Termination

Either party may terminate the Agreement by giving 30 days' written notice to the other party.

Either party may terminate the Agreement immediately by written notice if the other party:

a) Commits a material breach of the Agreement and fails to remedy it within 14 days of receiving written notice to do so.

b) Becomes insolvent or is unable to pay its debts.

Upon termination, you shall pay us for all Services provided up to the date of termination.

We will review your complaint and, if appropriate, provide a refund for the services in question.

10. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under the Agreement if such delay or failure is caused by an event beyond our reasonable control, including but not limited to acts of God, war, strikes, lock-outs, or other industrial disputes, pandemic, fire, flood, or other natural disasters.

11. Governing Law and Jurisdiction

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

12. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions shall continue to be valid and enforceable.

Any variation to these Terms must be in writing and signed by both parties.

No failure or delay by either party in exercising any right or remedy provided under these Terms shall constitute a waiver of that or any other right or remedy.

These Terms, together with the Agreement, constitute the entire agreement between the parties and supersede any prior agreements, understandings, or arrangements.

13. Consultants

We shall endeavor to provide suitably competent consultants to deliver our Services. However, we cannot guarantee the competency of any particular consultant.

If you are unsatisfied with the advice or services provided by a consultant, you may file a complaint and request a refund by contacting us at admin@safetysoundboard.com.

14. Legal

All disputes shall be settled as per UK laws and regulations. SafetySoundBoard is a registered company within the United Kingdom and shall conduct and carry out all work in-line with the applicable laws and regulations as set out in the United Kingdom.