Terms & Conditions
The National Legionella Information Centre, National Landlords Legionella Management Centre and Legionella Risk Management and The National Risk Assessment Centre are all trading style of Skythians Educational TRST Limited which this agreement is based upon and these terms constitute and support the agreement between the client ( Name) and the supplying brands on the attached service agreement.
Terms & Conditions these terms and conditions are based on the supplier duties and customer duty of service to the supplier.
Definitions
1. ‘Programme’ shall mean the period of time in which the Supplier will supply the Services.
2. ‘Properties’ (singular or plural) shall mean all properties and premises or any one of them as detailed on the Order Form or any Schedule and which are to be the subject of the Services, which are in the control of the Client and which the Client is managing on behalf of itself or on behalf of a landlord or owner.
3. ‘Services’ shall mean the undertaking and provision of a Legionella Risk Assessment in accordance with the provisions of the Health and Safety Executive’s Approved Code of Practice & Guidance ‘Legionnaires’ Disease’ (ACOP L8) as amended from time to time and as more particularly described under ‘Our Duties’.
4. ‘Supplier’ and ‘Client’ shall include their employees, agents, consultants and subcontractors.
5. ‘Unit Charge’ shall mean the per-unit charge payable for each Property for the Services as specified on the Order Form
6. Law covers the legal duty of all UK landlords and that of their letting agents to uphold and adhere to the law on risk assessments.
Basis of Contract
7. The Order Form constitutes an offer by the Client to purchase Services from the Supplier in accordance with these Terms and Conditions (the Order). No terms and conditions of the Client shall be binding on the Supplier. The Order shall only be deemed to be active when the Supplier issues written or verbal acceptance of the Order and or engages in financial relationship with the client Kings Group LLP at which point and on which date the Contract shall come in to existence. In view of the nature of the Services, any Order, once confirmed by the Supplier, is not cancellable it covers Automatic renewal that shall take place for a period of 5 years every year on the same day. If there is time slippage, then the supplier must be notified in writing by the customer no later than fourteen days prior to the time delay. Any such notice shall take effect at the expiry of the Initial Term or the Renewal Term (as appropriate). Should the agent break the contract then the term will still be settled with this supplier.
8. It is the Client’s responsibility to ensure that throughout the course of the Initial Term or Renewal Term, all Properties which are the subject of the Order (whether part of the Order Form or included mid-term) are notified to the Supplier before the end of the then current terms as being either active or dormant (and by updating the individual Property details as appropriate on the Supplier’s database).
9. All active Properties will be automatically included in the Renewal Term and invoiced accordingly.
A) The client will issue licensed letters supplied by the supplier to all of their landlord database and ensure they support and endorse and underline to their Landlords the legal need to adhere to the strict management of health and safety requirements. This includes a fourteen day opt out time line.
B) Any Landlord not wanting to proceed must provide written release letters to the client. The supplier will have access to these release letters at any time.
C) Any non-participating properties will remain at risk and open to Local Government inspection and enforcement.
Supply of Services
10. The Supplier shall use all reasonable endeavours to meet any Programme Start Date specified in the Order, but time shall not be of the essence within the Contract.
11. The Client may include a new Property within the Programme Mid-term, and that Property shall be deemed to be included within this Order including any Renewal Term, so that the mid-term Property shall thereafter be in line with this Order and the Programme.
12. The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or health and safety requirement, or which do not materially affect the nature or quality of the Services this also includes inclusion of new companies the supplier acquires and adds to these terms and conditions.
13. The Supplier shall have the right to suspend the Services in the event of technical or other problems or difficulties, or in order to make any variations to the Order as requested by the Client.
14. The Supplier will contact the Client in advance where this occurs, except in an emergency. The Client is not required to pay for the Services whilst they are suspended under this Clause 15 but this does not affect the Client’s obligation to pay any invoices the Supplier has already issued.
15. The Supplier warrants to the Client that the Services will be provided using reasonable care and skill and shall use reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Properties and which have been communicated to the Supplier under Clause. All members of the NRAC branded approval have all fully qualified association identity and meet those standards of their associations.
16. The Client shall:
– Ensure that the terms of the Order are complete and accurate, and co-operate with the Supplier in all matters relating to the Services;
– Comply with the requirements as described under ‘Your Duties';
– Provide the Supplier with access to the Client’s premises, the Properties and other facilities as reasonably required by the Supplier;
– Inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Properties;
– Provide the Supplier with such information and materials as the Supplier may reasonably require including any landlord, owner, tenant or occupier’s details in order to supply the Services, and ensure that such information is accurate in all material respects; and
– Obtain and maintain all necessary licences, permissions and consents that may be required before the Programme Start Date or as necessary throughout the Programme
– Pay the supplier in accordance to the agreement and on time
17. The Client shall pay each invoice submitted by the Supplier in full (without deduction, set-off or counter- claim) at time of expiry and once the letting agent has collected the landlord fee of the initial letter being issued to Landlords
18. If the Client fails to make any payment by the due date, the Programmed Start Date may be delayed until payment is received and the Supplier shall have the right to charge interest on the overdue amount before and after judgment at 5% above Barclays Bank Plc.’s base rate in force from the due date until the date of payment. In addition, invoices unpaid for more than sixty days after the invoice date will incur a surcharge of either £30 or 5% of the outstanding amount, whichever the greater.
Intellectual Property Rights
19. All data remains the property of the client. NLIC is a member of the DPA.
20. The Client agrees that the Supplier and its associated or affiliated companies or entities may use the Client’s name, logo and trade marks for public relations activities including, without limitation, client lists and creating a written case study on websites or promotional or marketing materials but written permission must be given.
Confidentiality
Neither party may use or disclose to any other person or entity the other’s confidential information, including but not limited to information or material relating to the other’s business, for any purpose other than performing this Contract. This provision shall not apply to information or material which is or becomes public
knowledge by means other than a breach by a party to this Contract or as required by disclosing by law or as otherwise providing for in this agreement.
21. Both parties warrant that they are registered under the Data Protection A Each party will comply with the Act including but not limited to its obligations in respect of any personal data, which it may supply to or receive from the other party. The supplier can email, text at any time to the tenant directly to ensure duty of care at any time.
Limitation of liability
22. The supplier’s services are to act as a risk assessment company providing information on the risks associated to tenant’s health and wellbeing whilst renting a property.
23. Termination
This contract can not be terminated by the client within the five year agreement. This is a contractual service agreement between the two parties. This agreement means the client must send to all of their landlords on their database the information provided by the supplier within a fourteen-day time line following the signing of this agreement. This must also be carried out annually on the annualized day following the initial landlord letter being sent out. If this is not done in accordance to the agreement between the two parties, the supplier Skythians Educational TRST limited has the right to issue an invoice for all of the properties in the client’s portfolio. This also covers any breech caused by the customer and caused as a direct result of the customer. The client agrees to these terms on signing the service agreement.
24. And the Client shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Client immediately on receipt. Services includes the initial time to travel to the customer, training of staff and issuing of paperwork and consulting time and other services up to the point of termination which carry a per hour charge of £250. Should termination be before the balance of any site visits have been concluded then the supplier has the right to charge for all remaining properties in the portfolio of properties the customer has. Any site visits the supplier visits and cannot gain entry will still be payable by the customer under these terms.
Assignment and Subcontracting
25. The Supplier shall be entitled to subcontract all or any part of the Services and to assign, transfer, charge or deal in any other manner with all or any of its rights under the
26. The Client shall not, without the prior written consent of the Supplier, assign, transfer, charge or deal in any other manner with all or any of its rights or obligations under the
General
27. Force Majeure: The Supplier shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of an event beyond its reasonable control or for any other unexpected or exceptional cause or circumstance.
28. Waiver: A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or No failure or delay by a party in exercising any right or remedy under the Contract or by law shall
29. Constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy
30. Survival: Clauses 28 to 32 inclusive shall survive termination of the
31. Governing Law and Jurisdiction: This Contract shall be subject to and construed in accordance with the laws of England, and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of Scotland should the customers be also operating in Scotland.
32. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier
33. These Terms and Conditions are between The National Risk Assessment Centre Limited the brand and National Legionella Information Centre, which are trading styles of Skythians Educational TRST Limited and you the Customer Kings Group LLP and its subsidiaries.
For any further assistance or advice on your legal responsibilities for Legionella Compliance please do hesitate to call or email one of our experienced staff on 0131 510 3203 and we will be happy to offer you free impartial advice (see signed service agreement).
