OUR TERMS AND CONDITIONS OF BUSINESS

1. General

1:1‘HSS’ refers to Helmsman Safety Services (a trading name of Helmsman Services Ltd) who are the provider of the service

1:2 ‘The Client’ is the person, or organisation, that has requested the service

1:3 ‘The service’ is that work to be done by HSS for the Client as has been agreed verbally or in writing

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 HSS 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 HSS, whichever is the earlier

2. Payment

2:1 All fees payable under this contract will be paid as agreed but in the event of no terms being stated, all sums due to HSS are payable not more than 28 days after the date of the invoice from HSS

2:2 Where practically possible, fees for training courses will be invoiced and paid in advance of the commencement date of the course and HSS reserves the right to refuse to conduct the course, or allow entry to the course of an individual, in the event of payment not having been received

2:3 In the event of expenses being payable under the terms of the contract and where a separate invoice is issued, payment for these will be made within 14 days of the date of the invoice from HSS

2:4 HSS 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

2:5 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, HSS reserves the right to treat the contract as having been repudiated by the Client and HSS shall give notice of withdrawal of the service and the Client shall be responsible for all future sums payable for the service and any loss or damage arising from the repudiation

2.6 If any sums shall be overdue for more than 28 days from the Client in respect of any other contract with Helmsman Services Ltd, then HSS reserves the right to invoke clause 2:5 above without incurring any liability for loss or damages arising therefrom

2.7 Course Certificates will only be issued once full payment has been received

3.   Dates

3:1 If the Client wishes to cancel or postpone the date agreed for the provision of any service, then it shall do so only in writing and HSS will charge a cancellation fee limited to

- notice received under 14 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 28 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 42 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 last for more that six months shall at the discretion of HSS be treated as repudiation and the full amount of the fee will be payable forthwith

3:3 HSS reserves the right to assign such personnel to deliver the service as it shall see fit and to change any nominated person without notice

3:4 On training courses, where something outside the control of HSS occurs, or sufficient numbers of delegates fail to arrive to be able to conduct a meaningful course, HSS shall in its own discretion, postpone any such course without being liable for any loss occurring therefrom

3.5: The Client will be permitted to substitute any participant on a training course, up to 2 days prior to its commencement at no additional cost. If under that time HSS reserves the right to charge an administration fee of £20

4. Intellectual Property

4:1 HSS 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 HSS whilst being used on the Client’s premises

5:2 HSS 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 HSS indemnified and save it harmless from any claims arising from any breach of duty of the Client whilst HSS 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 HSS under the terms for the provision of the service, shall be limited to the amount paid for the service

6. Confidentiality

6:1 HSS will not at any time without the express consent of the Client (save to any Instructor or Consultant employed by HSS 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, HSS will complete any reasonable non-disclosure agreement

Version 1.0 Jan 2010