Terms and Conditions for Services.
1. All services and goods supplied by STAGESAFE (Hereinafter called the Company) are subject to the terms set out herein or in a written Agreement. The acceptance of a quote or the confirmation of booking (verbal or written) includes accepting the Company daily rates (of £400 per day plus VAT and any travel disbursements) where a quote has not been provided or it is not possible to provide a fixed quote, then the full daily rate has to be a deemed to be unequivocally accepted as part of these Terms of Business. All fees are subject to VAT at the current rate. When working on-site or away from our office or on travel days, only the full day rate is acceptable, there are no part days when working on-site or on travel days. It is a strict requirement that the Client provides the Company with business contact names, addresses, email addresses, and phone numbers. A "Registered Office", "Call Centre" or answering service is NOT an acceptable contact address or phone number.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
Cancellation of any work by the Client at any time for any reason will incur cancellation fees. Cancellation fees, as determined by the Company, shall be payable for any and all pending work unless agreed in writing by the Company.
2. Where an Agreement exists, the services shall be in accordance with the Schedule which shall be annexed to the Agreement so far as the circumstances shall reasonably allow. The Client shall ensure that the Schedule attached to any Agreement complies in all respects with their requirements, or any authority or any other person or entity involved. The Company reserves the right to alter or amend the Schedule at any time if in the absolute discretion of the Company should the needs of safety so require.
All work on the site will be carried out at times that are mutually agreed upon between the Client and the Company. The Company accepts no responsibility for any changes to schedules.
3. The price covers the Companies fees for work at the Companies base and shall be paid strictly in accordance with the terms of payment contained in these Terms and Conditions or in any Agreement where such an agreement exists. Work over and above the time stipulated or agreed will be charged at a pro-rata rate.
Any work away on site (away from the Companies base)and site/clients visits will incur expenses to cover travel, subsistence, and accommodation where applicable. If no written agreement is issued by the Company, payment shall be made immediately upon receipt of any invoice issued by the Company. Interest at the statutory rate will be charged on all late payments.
Hotel accommodation, subsistence, internal (UK) flights, coach, taxis, road tolls, congestion charges, car parking, ferries, and rail travel will be charged at cost. Return road travel expenses (from Glastonbury, Somerset) by car will be charged at 45p per mile plus VAT.
Any accommodation provided by the Client shall be in single en suite rooms at professional standard business type hotels and shall include car parking and breakfast, alternatively professional standard sleeper buses (night liners) will be acceptable for touring and on-site accommodation or Bunk-a-Bins for single occupancy only. On no account will shared bunk rooms or camping be acceptable accommodation on event or festival sites. Please check to ensure any proposed accommodation is acceptable.
4. The Company understands and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed terms.
5. The Client shall be responsible for supplying the items, information, or services listed in the Schedule attached (where applicable) to any Agreement or subsequently provided or requested at any time, at no cost to the Company. Failure by the Client to provide the items, information, or services required will result in the inability of the Company to complete the required work due to no fault of the Company.
6. It is the Client's responsibility to ensure that the Company is notified of and provided with any and all relevant documentation or information necessary to carry out the required work. It is also the Client's responsibility to ensure that any documentation and information provided by the Company is suited to their particular needs and requirements, and to similar needs and requirements of any Third Party. The Company accepts no responsibility if any requirements of Third Parties (unless previously disclosed as above) are not met.
7. All documentation such as Policies, Risk Assessments, Method Statements, Forms, etc. supplied and or produced by the Company for its clients will be clearly dated if required (unless otherwise agreed or in the case of generic risk assessments and documents) and supplied as secure Adobe Acrobat Portable Document Files (PDF) format. Please note that documents produced for clients are usually working legal documents and not marketing material, therefore, corporate branding, etc. is not a consideration.
The Company retains the copyright of all such documentation. Clients “logos” can be added to the front cover only of Health and Safety Policy documents and Event Safety Management Plans if requested at the time of engagement and if the required artwork is supplied by the Client (jpg or similar image), the Company accepts no responsibility for the accuracy, insertion or positioning of such artwork. The format we use does not allow branding and logos to be added to Risk Assessments and Method Statements.
8. It is a strict condition that any Safety Advisor provided by the Company under any Agreement or Contract shall have the unequivocal authority to immediately stop or cancel any performance, operation, or work activity if safety is compromised to an extent that any person is at physical risk or in danger.
9. The Company shall keep confidential and shall not use or disclose and shall use their best endeavours to prevent the use or disclosure by or to any person any of The Client’s or The Client’s clients confidential information which came to his/her knowledge during the engagement. Confidential information means all confidential information relating to the organisation, finances, and business activities of the Client. Stagesafe is prepared and willing to sign any non-disclosure agreements (NDAs).
10. The Client will take immediate and prompt action if and when they are made aware of problems of issues on-site by a Safety Advisor provided by Stagesafe, an example may be taking remedial action towards an employee or contractor who refuses to comply with reasonable safety instructions such as "please wear your PPE".
11. STAGESAFE shall not be liable for any breach of an Agreement or terms hereof where such a breach was caused by or substantially contributed to by any cause beyond the control of the Company including (without limitation) Act of God, insurrections, riot, civil commotions, Government or other enforceable regulations embargoes, explosions, strikes, labour disputes, fire, and exceptionally adverse weather. The Companies sub-contractors shall be deemed to be parties to the Agreement for the purpose of obtaining the protection of this clause and The Client shall indemnify the Company in respect of any claim by a third party in respect of which liability is excluded by this clause, provided always that the Company shall use its best endeavours to prevent such a breach or mitigate the effects thereof.
12. If The Client shall make any assignment for the benefit of its creditors, commit and/or fail to inform the Company of any act of bankruptcy or if being a limited company, shall suffer any receiver of its assets to be appointed or upon commencement of any winding up or upon failure to pay any sum due to the Company whether due under this contract or otherwise upon other breaches of contract by The Client, the Company shall be entitled to cease work immediately and bring to an end any service or other things supplied by the Company hereunder. Upon ceasing work and bringing to an end any service or other things supplied by the Company hereunder, any Agreement or Contract shall be deemed to have been terminated but without affecting any pre-existing rights of the parties including the Companies right to receive payment of the full price of the Agreement or Contract without deduction.
13. Any Agreement or Contract to which these terms apply shall be construed in accordance with the laws of England and the parties agree to accept the jurisdiction of the courts of England.
14. Clients must note that their health and safety documentation such as Policies and Risk Assessments will need to be updated on at least an annual basis or as their business or circumstances change. It is the Client's responsibility to request the Company to check for and make any updates that may be required. A regular or annual Health and Safety Audit is recommended to help ensure legal compliance with Health and Safety law.
Clients and others must note that health, safety, and other statutory regulations are revised and updated on a frequent basis and that to remain compliant with the law, your risk assessments, health and safety policy, and other records must be updated on or at least, an annual basis as their business or circumstances change. This must be done after referring to the current regulations, Approved Codes of Practice, and guidance.
If the Company is required to carry out updates this will only be done at the Client's request. It is the Client's responsibility to make the request to the Company.