Terms and Conditions
AMH+S Health & Safety Advisor’s are open and transparent about the way in which we work with clients to ensure the very best health and safety measures are in place.
These Terms and Conditions apply to the standard project proposals of AMH+S Health & Safety Advisor's and any other proposal unless stated otherwise.
General
All work carried out by AMH+S Health & Safety Advisor's for the client in relation to any part of the project described within the proposal and any additional work AMH+S Health & Safety Advisor's undertake on behalf of the client will be upon these terms and to the exclusion of any other terms supplied by the client. Instructing AMH+S Health & Safety Advisor's to commence any work set out within this proposal albeit verbal, written or by electronic format shall be acceptance of these terms.
Formation of a Contract
The proposal given on or attached to these terms and conditions will only remain valid for a period of 30 days.
Acknowledgement and acceptance of this proposal is made by you placing an order within the specified period in the paragraph above, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".
No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods/and or the work the subject of this order.
Additional Work
Any additional work or variations to the proposal will only be undertaken upon acceptance of a separate agreement with all costs to be agreed by the client and AMH+S Health & Safety Advisor's in writing before work commences.
Timescales
AMH+S Health & Safety Advisor's will undertake all work in accordance with the agreed project time scale and utilise all reasonable endeavours to meet the agreed delivery times that are good faith estimates based upon information available at the time of project proposal submission. Unless otherwise agreed in writing, time will not be the essence of our agreement.
Client Requirements
AMH+S Health & Safety Advisor's requires the client to provide all requested information in a written format, whether it be in email or paper format, in a timely manner where available. AMH+S Health & Safety Advisor's expects the client to provide access to all personnel and material that are required to enable AMH+S Health & Safety Advisor's to deliver the project within the agreed parameters, and not hinder the ability of AMH+S Health & Safety Advisor's to carry out the project. This is inclusive of the prompt approval or otherwise of requests submitted to the client for agreement.
Service Provision
AMH+S Health & Safety Advisor's shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. When the client account is closed, all files and stored data will be deleted. AMH+S Health & Safety Advisor's reserves the right to cancel the client account at any time without notice.
Privacy
To protect the privacy of the client, AMH+S Health & Safety Advisor's never distributes the identity of the client or e-mail address to any third parties.
Payment Terms
Unless otherwise agreed all invoices issued by AMH+S Health & Safety Advisor's are strictly payable 14 days from the invoice date.
Suspension of Work
AMH+S Health & Safety Advisor's reserves the right to suspend all work in the event that any invoice is not paid in accordance with the terms of AMH+S Health & Safety Advisor's to charge interest on a daily basis on the unpaid sum, at the rate of 5 per cent above base rate from time to time.
Completion
AMH+S Health & Safety Advisor's will reasonably determine completion in the absence of the agreement of the client that completion has occurred.
Material Rights & Licence
The client will retain all rights to any material provided for the project. Where the rights are not owned by the client, it is the responsibility of the client to obtain a licence for their use and indemnify AMH+S Health & Safety Advisor's for any damages, which occur as a result of failing to do so. AMH+S Health & Safety Advisor's will grant to the client a royalty free, non-exclusive perpetual licence of all copyright and materials that we develop for the client in relation to the project. Where we provide third party materials, AMH+S Health & Safety Advisor's will obtain a licence for the client that is sufficient for the purposes set out within the proposal.
Liability
The liability of AMH+S Health & Safety Advisor's to the client for breach of contract, negligence or misrepresentation (unless fraudulent) other than any which results in death or personal injury (which is unlimited) shall be damages limited to the amount of the AMH+S Health & Safety Advisor's charges for the project excluding third party costs. AMH+S Health & Safety Advisor's will not be liable for loss of turnover, profit, sales, revenue, profits, goodwill, indirect loss, pure economic loss, consequential loss or special loss, or for any loss arising from any of the clients’ actions or direct instructions to AMH+S Health & Safety Advisor's. The client agrees to indemnify AMH+S Health & Safety Advisor's for any claims made against AMH+S Health & Safety Advisor's as a result of the content of the project. AMH+S Health & Safety Advisor's will advise the client on matters regarding health & safety. AMH+S Health and Safety Advisor's will not be responsible for any actions nor loss if the advice is not followed.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Termination
AMH+S Health & Safety Advisor's shall have the right to terminate the agreement with immediate effect by notice in writing to the client if the client fails to make any payment when it becomes due. Either party may terminate the agreement by notice in writing to the other if:
The client shall have the right to terminate the Agreement at any time by giving 30 days notice in writing to AMH+S Health & Safety Advisor's and any payments made prior to the date of termination shall not be refundable. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the courts of England. AMH+S Health & Safety Advisor's reserves the right to amend and update these Terms and Conditions at any time without notice.
These Terms and Conditions apply to the standard project proposals of AMH+S Health & Safety Advisor's and any other proposal unless stated otherwise.
General
All work carried out by AMH+S Health & Safety Advisor's for the client in relation to any part of the project described within the proposal and any additional work AMH+S Health & Safety Advisor's undertake on behalf of the client will be upon these terms and to the exclusion of any other terms supplied by the client. Instructing AMH+S Health & Safety Advisor's to commence any work set out within this proposal albeit verbal, written or by electronic format shall be acceptance of these terms.
Formation of a Contract
The proposal given on or attached to these terms and conditions will only remain valid for a period of 30 days.
Acknowledgement and acceptance of this proposal is made by you placing an order within the specified period in the paragraph above, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".
No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods/and or the work the subject of this order.
Additional Work
Any additional work or variations to the proposal will only be undertaken upon acceptance of a separate agreement with all costs to be agreed by the client and AMH+S Health & Safety Advisor's in writing before work commences.
Timescales
AMH+S Health & Safety Advisor's will undertake all work in accordance with the agreed project time scale and utilise all reasonable endeavours to meet the agreed delivery times that are good faith estimates based upon information available at the time of project proposal submission. Unless otherwise agreed in writing, time will not be the essence of our agreement.
Client Requirements
AMH+S Health & Safety Advisor's requires the client to provide all requested information in a written format, whether it be in email or paper format, in a timely manner where available. AMH+S Health & Safety Advisor's expects the client to provide access to all personnel and material that are required to enable AMH+S Health & Safety Advisor's to deliver the project within the agreed parameters, and not hinder the ability of AMH+S Health & Safety Advisor's to carry out the project. This is inclusive of the prompt approval or otherwise of requests submitted to the client for agreement.
Service Provision
AMH+S Health & Safety Advisor's shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. When the client account is closed, all files and stored data will be deleted. AMH+S Health & Safety Advisor's reserves the right to cancel the client account at any time without notice.
Privacy
To protect the privacy of the client, AMH+S Health & Safety Advisor's never distributes the identity of the client or e-mail address to any third parties.
Payment Terms
Unless otherwise agreed all invoices issued by AMH+S Health & Safety Advisor's are strictly payable 14 days from the invoice date.
Suspension of Work
AMH+S Health & Safety Advisor's reserves the right to suspend all work in the event that any invoice is not paid in accordance with the terms of AMH+S Health & Safety Advisor's to charge interest on a daily basis on the unpaid sum, at the rate of 5 per cent above base rate from time to time.
Completion
AMH+S Health & Safety Advisor's will reasonably determine completion in the absence of the agreement of the client that completion has occurred.
Material Rights & Licence
The client will retain all rights to any material provided for the project. Where the rights are not owned by the client, it is the responsibility of the client to obtain a licence for their use and indemnify AMH+S Health & Safety Advisor's for any damages, which occur as a result of failing to do so. AMH+S Health & Safety Advisor's will grant to the client a royalty free, non-exclusive perpetual licence of all copyright and materials that we develop for the client in relation to the project. Where we provide third party materials, AMH+S Health & Safety Advisor's will obtain a licence for the client that is sufficient for the purposes set out within the proposal.
Liability
The liability of AMH+S Health & Safety Advisor's to the client for breach of contract, negligence or misrepresentation (unless fraudulent) other than any which results in death or personal injury (which is unlimited) shall be damages limited to the amount of the AMH+S Health & Safety Advisor's charges for the project excluding third party costs. AMH+S Health & Safety Advisor's will not be liable for loss of turnover, profit, sales, revenue, profits, goodwill, indirect loss, pure economic loss, consequential loss or special loss, or for any loss arising from any of the clients’ actions or direct instructions to AMH+S Health & Safety Advisor's. The client agrees to indemnify AMH+S Health & Safety Advisor's for any claims made against AMH+S Health & Safety Advisor's as a result of the content of the project. AMH+S Health & Safety Advisor's will advise the client on matters regarding health & safety. AMH+S Health and Safety Advisor's will not be responsible for any actions nor loss if the advice is not followed.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Termination
AMH+S Health & Safety Advisor's shall have the right to terminate the agreement with immediate effect by notice in writing to the client if the client fails to make any payment when it becomes due. Either party may terminate the agreement by notice in writing to the other if:
- The other party commits a material breach of the Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- The other party commits a material breach of the Agreement which cannot be remedied under any circumstances; or
- The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- The other party ceases to carry on its business or substantially the whole of its business; or
- The other party is declared insolvent, or convenes a meeting of creditors or makes or proposes to make any arrangement or composition with its creditors; or
- A liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
The client shall have the right to terminate the Agreement at any time by giving 30 days notice in writing to AMH+S Health & Safety Advisor's and any payments made prior to the date of termination shall not be refundable. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the courts of England. AMH+S Health & Safety Advisor's reserves the right to amend and update these Terms and Conditions at any time without notice.