Helmsman Services Terms and Conditions of Business - Helmsman Services

Helmsman Services Terms and Conditions of Business

1. General

1:1 ‘HS’ refers to Helmsman Services Ltd (trading as Helmsman Services, Helmsman Safety Services, Safe & Sure or e-Learning for Construction) who are the provider of the service
1:2 ‘The Client’ is any person, or body corporate or unincorporated, for whom HS are to provide a service
1:3 ‘The service’ is that work to be done by HS for the Client as has been agreed verbally or in writing from time to time and shall include the provision of outsourced services, training, advice or e-learning sessions.
1:4 These terms and conditions will govern the provision of the service and will supersede any Terms and Conditions of the Client unless amended in writing and signed by HS and the Client
1:5 The date of the contract will be the date upon which the Client confirms the provision of the service, or accepts any Proposal, verbally or in writing, or of the issue of an invoice by HS, whichever is the earlier

2. Payment

2:1 All fees payable under this contract will be paid by the Client within 28 days after the date of the invoice from HS
2:2 HS will normally invoice at the beginning of a month for all services to be delivered during that month although where the situation may warrant, fees for a service may be invoiced at any other time and HS reserves the right to refuse to provide the service, or allow entry of an individual to any training course being provided as part of the service, in the event of payment not having been received
2:3 HS reserves the right to charge interest at the rate of 3% above Bank of England Base Rate from time to time on all invoices that are not paid as above
2:4 In the case of any service that is to be delivered over a period of time with interim, or monthly payments, if any payment shall be outstanding for more than 28 days, HS reserves the right to treat the contract as having been repudiated by the Client and HS shall give notice of withdrawal of the service and the Client shall be responsible for all sums payable for the service and any loss or damage arising from the repudiation

3. Dates

3:1 If the Client wishes to cancel or postpone the date agreed for an appointments to deliver the service (such as for the delivery of training or advice), then it shall do so in writing (including e-mail) and HS will charge a cancellation fee limited to –
– notice received under 7 days (inclusive of the date of commencement of delivery of the service or any later date agreed) – 100% of the agreed fees for the service
– notice received under 14 days (inclusive of the date of commencement of delivery of the service or any later date agreed) – 50% of the agreed fees for the service
– notice received under 28 days (inclusive of the date of commencement of delivery of the service or any later date agreed) – 25% of the agreed fees for the service
3:2 Postponements that lasts for more than six months shall, at the sole discretion of HS, be treated as repudiation and the full amount of the fee for the service will be payable forthwith
3:3 HS reserves the right to assign such personnel to deliver the service as it shall see fit and to change any nominated person without notice

4. Intellectual Property

4:1 HS retains the copyright in all course outlines, presentations, manuals, handouts, information and any other material that is used in connection with the service and will seek to protect such rights against violation

5. Liability

5:1 The Client shall ensure that adequate measures are taken to protect and insure all equipment belonging to HS whilst being used on the Client’s premises and that all relevant Health & Safety legislation is complied with
5:2 HS will not be responsible for any loss or damage to the Client, or any person (and/or their respective belongings) whilst attending any meeting in connection with the delivery of the service
5.3 When on the Client’s premises, the Client will be responsible for ensuring that any person attending any such meeting (and/or their respective belongings), is kept safe from loss or harm
5:4 The Client shall keep HS indemnified and save it harmless from any claims arising from any breach of duty of the Client whilst HS is providing the service, including (but without prejudice to the generality of the foregoing) negligence or breach of statutory duty
5:5 The liability, if any, of HS under the terms for the provision of the service, shall be limited to the amount paid for the service

6. Confidentiality

6:1 HS will not at any time without the express consent of the Client (save to any representative employed by HS to deliver the service or any part thereof) disclose any information given to it by the Client as a result of the provision of the service, or to any third party including employees of the Client
6:2 At the request of the Client, HS will complete any reasonable non-disclosure agreement

7. Further Terms & Conditions

7.1 The Client will abide by specific Terms & Conditions relevant to each particular service offered by HS including Training Management, Health & Safety training and advice and e-Learning.