Data Protection & Privacy Policy

Our contact details 

Name: Construct Training 

Address: Unit 6 St Georges Business Centre, St Georges Square, Portsmouth, Hampshire, PO1 3EY

Phone Number: 07870 747964

E-mail: al@construct-safety.co.uk

• The type of personal information we collect 

We currently collect and process the following information:

• Personal identifiers, contacts and characteristics (for example, name and contact details)
• Identifiers in respect of race, colour, religion, ethnicity, sex etc.
• Identifiers in respect of work history, qualifications etc

• How we get the personal information and why we have it

Most of the personal information we process is provided to us directly by you for one of the following reasons:

• To complete pre-onboarding documentation for training courses
• To complete surveys in respect of training
• To complete documentation during training

We use the information that you have given us in order to ensure compliance with policies, identify trends and patterns, provide support, comply with training body requirements, ensure appropriate course delivery and to protect you where necessary.

We may share this information with the relevant training body, the police (should we be required) or other linked bodies. If information is shared for marketing purposes or similar, all personal information will be anonymised.

Under the General Data Protection Regulation 2018 (GDPR), the lawful bases we rely on for processing this information are:

(a) Your consent. You are able to remove your consent at any time. 

(b) We have a contractual obligation.

(c) We have a legal obligation.

(d) We need it to perform a specific task.

• How we store your personal information 

Your information is securely stored on our server via a specific software which is password protected and only available to specific staff who are monitored. Our system is hosted by industry leaders Microsoft and Zoho and fully secure.  

We keep all records for a minimum of 6 years. We will then dispose your information by secure data disposal services.

• Your data protection rights

Under data protection law, you have rights including:

Your right of access – You have the right to ask us for copies of your personal information. 

Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. 

Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances. If we cannot erase, we may anonymise your data. 

Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances. 

Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.

Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at al@construct-safety.co.uk if you wish to make a request.

• How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at mike@construct-safety.co.uk  

You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:           

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

Equal Opportunities Policy

It is Construct Training Ltd’s policy not to discriminate against its workers, delegates, clients, or the public based on their gender, sexual orientation, marital status, any gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age, pregnancy or trade union membership or the fact that they are a part-time worker or a fixed-term employee. Our workers and applicants for employment, delegates, clients, or any service user shall not be disadvantaged by any policies or conditions of service which cannot be justified as necessary for operational purposes. 

Construct Training shall, always, strive to work within legislative requirements as well as promoting best practice. The board of Construct Training’s long-term aim is that the composition of our workforce should reflect that of the community and that all workers should be offered equal opportunities to achieve their full potential. It is the board’s aim that all delegates, service users and clients are offered an equal opportunity in respect of access to training and qualifications. 

This policy and the measures we take to implement it, have been devised on the basis of advice from the relevant government and professional bodies with whom we work. We are committed to a programme of action to make this policy effective and to bring it to the attention of all delegates, workers, clients, and service users. The principle of non-discrimination and equality of opportunity applies equally to the treatment of visitors, clients, customers and suppliers by members of our workforce and also, in some circumstances, ex-employees.

The following paragraphs deal with the specific categories of workers, delegates and service users and areas of work which we have identified as potentially giving rise to equal opportunities issues and provides more specific guidance on the parameters of our policy and approach to equal opportunities.

This policy is for guidance only and shall be provided to all workers, but does not form part of your contract of employment.

1.       To Whom does this Policy Apply?

1.1     This policy applies to Construct Training’s employees, whether permanent, temporary, casual, part-time or on fixed-term contracts, to ex-employees, to job applicants and to individuals such as agency staff and consultants who are not our employees, but who work at the premises along with how they treat delegates, clients, and service users and how service users treat each other. 

1.2     All staff have a duty to act in accordance with this policy, and therefore to treat others with dignity at all times, and not to discriminate against or harass others, regardless of their position. In some situations, Construct Training may be at risk of being held responsible for the acts of individual members of staff and therefore shall not tolerate any discriminatory practices or behaviour whatsoever.

1.3     The policy statement in paragraph 1.2 applies equally to the treatment of our service users and suppliers by our staff.

2.       Personnel Responsible for Implementation of Policy

2.1     The Board has overall responsibility for the effective operation of Construct Training’s equal opportunities policy (EOP) and for ensuring compliance with the relevant statutory framework prohibiting discrimination. The board has delegated day-to-day responsibility for operating the policy and ensuring its maintenance and review to Michael Dickinson.

2.2     Those working at a management level have a specific responsibility to set an appropriate standard of behaviour, to lead by example and to ensure that those they manage adhere to the policy and promote the aims and objectives of Construct Training with regard to equal opportunities. 

To facilitate this process, managers shall be given training on equal opportunities awareness, equal treatment of service users and equal opportunities recruitment and selection best practice.

2.3     All members of staff are responsible for the success of this policy and must ensure that they familiarise themselves with the policy and act in accordance with its aims and objectives. If you are involved in management, recruitment, service delivery or delegate interactions or if you have any questions about the content or application of this policy, you should contact Michael Dickinson to request further training.

3.       Scope and Purpose of Policy

3.1     Construct Training will not unlawfully discriminate on grounds of gender, sexual orientation, marital status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age, pregnancy, trade union membership, or part-time or fixed-term status.

3.2     This policy applies to the onboarding of delegates, pricing of courses, access to training and qualifications, scoring of tests, handling of complaints advertising of jobs and recruitment and selection, training and development, opportunities for promotion, conditions of service, benefits and facilities and pay; health and safety, conduct at work, grievance and disciplinary procedures and to termination of employment, including redundancy.

3.3     Construct Training will take appropriate steps to accommodate the requirements of service users and workers’ religions, cultures, and domestic responsibilities.

4.       Forms of Discrimination

Discrimination may be direct or indirect and it may occur intentionally or unintentionally. 

Direct discrimination occurs where someone is put at a disadvantage for a reason related to one or more of the grounds set out in paragraph 3.1. For example, rejecting an applicant of one race because it is considered they would not “fit in” on the grounds of their race could be direct discrimination. 

Indirect discrimination occurs where an individual is subject to an unjustified provision, criterion or practice which puts them at a particular disadvantage because of, for example, their sex or race. For example, a height requirement would be likely to eliminate proportionately more women than men. If the criteria cannot be objectively justified for a reason unconnected with sex, it would be indirectly discriminatory on the grounds of sex. 

Discrimination also includes victimisation (less favourable treatment because of action taken to assert legal rights against discrimination or to assist a colleague in that regard) and harassment (see Construct Training’s anti-harassment policy).

5.       Recruitment and Selection

5.1     Construct Training aims to ensure that no job applicant receives less favourable treatment on any of the unlawful grounds listed in paragraph 3.1. Recruitment procedures will be reviewed regularly to ensure that individuals are treated on the basis of their relevant merits and abilities and that sufficiently diverse sectors of the community are reached. Job selection criteria are regularly reviewed to ensure that they are justifiable on non-discriminatory grounds as being essential for the effective performance of the job.

5.2     Construct Training shall take steps to ensure that knowledge of vacancies reaches a wide labour market and, where relevant, groups under-represented in Construct Training.

Where appropriate, use may be made of lawful exemptions to recruit suitably qualified people to cater for the special needs of particular groups. Vacancy advertisements shall include an appropriate short statement on our equal opportunities policy and a copy of this policy shall be sent to those who enquire about vacancies.

5.3     To ensure that this policy is operating effectively with respect to recruitment and selection and the other areas identified in paragraph 3.2, and to identify those sections of the local community which may be under-represented in employment, Construct Training monitors applicants’ racial origins, gender, disability, sexual orientation, religion and age as part of the recruitment procedure. We also maintain records of this data solely for the purposes stated in this policy. Ongoing monitoring and regular analysis of the data provide the basis for taking appropriate positive steps to eliminate unlawful direct and indirect discrimination and implement this policy.

6.       Delegates and Service Users

6.1     Construct Training aims to ensure that all service users (delegates, clients, public) are treated equally regardless of any of the grounds set out at 3.1. 

6.2     To ensure equality and prevent discrimination, Construct Training use a standardised approach to all delegate on boarding which will consist of standardised data gathering forms, onboarding, and joining material and relevant pre-reading.

6.3     Wherever practicable, Construct Training will accommodate any additional needs of service users, such as time for prayer, disabled facilities, larger text documents or other such facilities. These additional requirements will be as guided by the relevant authorising body (CITB etc). 

6.4     There is generally a requirement that delegates can speak and understand a certain level of English in order to complete the course effectively. Construct Training will do all possible to ensure delegates who speak English as a second language are not at a disadvantage in any manner.

6.5     Where Construct Training believe any delegate is at a disadvantage for any reason set out at 3.1 and that this is beyond their reasonable control, the matter will be immediately reported to the relevant authority (CITB or similar) and direction will be taken to reduce or irradicate any discrimination. 

6.6     Part of Construct Training’s complaints procedure includes for complaints in respect of discrimination. To ensure complete separation of any investigation and outcome, all such complaints are specifically managed by a third-party consultant who does not have direct involvement in training provision. All outcomes will be shared openly, and recommended actions followed.

6.7     Where delegates are involved in discriminatory behaviour towards other service users or staff, they will be temporarily suspended from the relevant course. Upon investigation and dependant on the outcome, they may be provided with another course or may have their training cancelled. All such matters, investigations and outcomes will be reported to the relevant authority and where appropriate the delegates employer. 

7.       Staff Training and Promotion and Conditions of Service

7.1     Staff training needs shall be identified through regular staff appraisals. All staff will be given an equal opportunity and access to training to enable them to progress within the organisation. All promotion decisions shall be made on the basis of merit alone. 

7.2     The composition and movement of workers at different levels shall be regularly monitored to ensure equality of opportunity at all levels of the organisation. Where appropriate, steps will be taken to identify and remove unnecessary or unjustifiable barriers and to provide appropriate facilities and conditions of service to meet the special needs of disadvantaged or under-represented groups.

7.3     Our conditions of service, benefits and facilities will be reviewed regularly to ensure that they are available to all workers who should have access to them and that there are no unlawful obstacles to accessing them. This includes pay, bonus criteria, policies and all benefits offered, such as private medical insurance, permanent health insurance (PHI) insurance and gym membership.

8.       Disability Discrimination

8.1     If you are disabled or become disabled in the course of your engagement with us (employee, delegate, service user), you are encouraged to tell us about your condition. This is to enable us to support you as much as possible. Staff may also wish to advise your line manager of any reasonable adjustments to your working conditions or the duties of your job which you consider to be necessary, or which would assist you in the performance of your duties. 

Careful consideration will be given to any proposals made by staff or service users, and they will be accommodated where possible and proportionate to your needs. Nevertheless, there may be circumstances where it will not be reasonable for us to accommodate the suggested adjustments and we will ensure that we provide you with information as to the basis of our decision not to make any adjustments. 

Delegates may require additional resources to attend courses, whilst generally these will be the responsibility of the host, Construct Training will provide all necessary facilities where reasonably practicable and where they would not disadvantage any other service user. 

9.       Fixed-Term Employees, Agency and Temporary Workers

We will monitor our use of fixed-term employees and agency workers, and their conditions of service, to ensure that they are being offered appropriate access to benefits, training, promotion and permanent employment opportunities. We will, where relevant, monitor their progress within Construct Training to ensure that they are accessing permanent vacancies.

10.     Part-Time Workers

Construct Training will monitor the conditions of service of part-time employees and their progression within Construct Training to ensure that they are being offered appropriate access to benefits and training and promotion opportunities. We will also ensure requests to alter working hours are dealt with appropriately.

11.     Breaches of the Policy

11.1   If you believe that you may have been disadvantaged on any of the unlawful grounds listed at paragraph 3.1, you are encouraged to raise the matter through Construct Training’s grievance procedure. If you believe that you may have been harassed on any of the unlawful grounds listed at paragraph 3.1, you are encouraged to raise the matter through our anti-harassment policy. Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure. Workers who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations of a breach in this policy which are found to have been made in bad faith will, however, be dealt with under our disciplinary procedure.

11.2   If, after investigation, you are proven to have harassed any other person on the grounds of sex, marital status, sexual orientation, religion or belief, race, disability or age or otherwise act in breach of this policy, you will be subject to disciplinary action (employee) or may lose access to your relevant course (delegates). In serious cases, such behaviour may constitute gross misconduct (employee) and, as such, may result in summary dismissal. Construct Training will always take a strict approach to serious breaches of this policy.

11.3   As this policy applies equally to Construct Training staff’s relations with clients and suppliers, if, after investigation, you are proven to have discriminated against or harassed a client or supplier you will also be subject to disciplinary action.

12.     Monitoring and Revision of Policy

12.1   This policy is reviewed annually by Michael Dickinson.   This policy was last updated January 2024.

12.2   We will regularly monitor the effectiveness of this policy to ensure it is achieving the objectives stated in the EOP statement in respect of access to training, jobs, promotions etc. 

12.3   Construct Training is committed to providing relevant training for all staff on their responsibilities and duties under this policy.

Delegate Remote Learning Policy

PLEASE CAREFULLY READ THE FOLLOWING PROCEDURE.

1. Your skills

1.1 You MUST have the necessary IT skills to navigate basic functions of a laptop or desktop computer, video conferencing software including chat functions, browsing websites, and downloading, saving, and accessing files. If you are unskilled, please seek help from your workplace before joining the course.

1.2 You MUST have a good understanding of spoken and written English. Learning needs are accommodated so you must notify us in advance so we can make provision to help you. 

2. Your environment

2.1 The room you are using MUST be quiet, in an undisturbed location, have adequate space, lighting, and ventilation for the duration of your course. 

2.2 The remote learning environment is a classroom. The room and facility you are joining from MUST enable your video and audio to remain active throughout the course tutorials without noise disruption or interference from others not attending the course.

3. Your device

3.1 The device you are using MUST be a laptop or desktop computer. You are not permitted to join with a smartphone or tablet as your primary device.

3.2 The device you are using MUST be equipped with all software required to join the course remotely and updated fully. You should postpone any routine IT updates until the course tutorials have finished.

3.3 The device you are using MUST have fully functioning video and audio, i.e., webcam, microphone, and speakers. You should carry out a functionality check before joining the course.

3.4 The device you are using MUST be able to access external websites and be able to download documents and files directly from external sources or via video conferencing software ‘chat’. You should check with your IT Department before joining the course.

4. Your internet connection

4.1 Your internet connection MUST be stable and have the bandwidth to allow both video and audio to remain live and for documents and files to be downloaded for the duration of your course. You should check the connection quality and speed before joining the course.

5. Your responsibility

You MUST attend all tutorials, participate in all group sessions, and attend the scheduled programme to be eligible to attend the examination.

You are responsible for your learning. If you are unable to adhere to any of these instructions, or persistently ignore reasonable instructions given by your trainer, you may be removed from the course.

Delegate Remote Training Examination Policy

PLEASE CAREFULLY READ THE FOLLOWING PROCEDURE – Failure to abide by this policy may result in Delegates being unable to continue with the course!

1. Your examination room MUST be quiet, in an undisturbed location, with adequate space, lighting and ventilation. It is important that nobody enters your space whilst the examination is taking place.

2. The area around your workstation must be cleared of all reference material other than the publications, books and notes that have been authorised by the invigilator. We may ask to check this with you.

3. Your video and sound must remain ‘live’ throughout the exam, and you must remain visible during the exam.

4. You should not eat, drink, smoke or vape during the exam (vaping and smoking should not be done when learning, adequate breaks will be provided).

5. Your telephonic devices must be switched off at the start of the exam and not switched back on until permission has been given by the invigilator.

6. If you wish to communicate with the invigilator, you must only use video conferencing ‘chat’ functionality to communicate with the invigilator. The ‘chat’ is a text service provided by the video conferencing system; you should not ask your question verbally.

7. You must not communicate with other delegates, or any other person, other than the invigilator during the exam.

8. If you leave the examination room you will not be permitted re-enter the examination room until after the final delegate has completed or unless otherwise directed by the invigilator.

9. You are under exam conditions until the last person has submitted their exam or otherwise directed by the invigilator.

10. Once the exam is completed you should wait for further instructions from the invigilator via verbal or chat instruction.

11. If you are unable to adhere to any of these instructions, or persistently ignore reasonable instructions given by the invigilator, you may be removed from the examination. 

Appeals Process Policy

PLEASE CAREFULLY READ THE FOLLOWING APPEALS PROCEDURE

1. If you, or your representative, disagrees with the result of an assessment, or proposed action plan or assessment plan, you, or your representative, should explain the basis of the disagreement to the trainer or assessor, or the trainer’s or assessor’s quality assurance representative, at the time when feedback is provided. 

2. Your trainer or assessor or the trainer’s or assessor’s quality assurance representative, will highlight clearly to you, or your representative, why the assessment criterion has not   been met, or the reasons for the proposed action plan or assessment plan. This type of ‘negotiation’ does not constitute an informal or formal appeal.

3. If, after such a feedback session, the disagreement has not been resolved, you will be directed to the training provider’s quality assurance representative who will try to resolve the issue through informal discussion with you, or your representative. 

4. Records of informal discussions will be recorded in writing and will be available to you, or your representative, the trainer’s or assessor’s quality assurance representative, the training provider’s quality assurance representative, your company and if required, your booking agent.

5. If, after informal discussions, you are still not satisfied with the decision at this stage you can make a formal appeal, in writing to the training provider’s quality assurance representative.

This must be sent within 7 working days of receiving the original assessment feedback.

6. On receipt of your formal appeal, the training provider’s quality assurance representative will try to seek a solution negotiated between you and your trainer or assessor.

7. If it is not possible to reach an agreement, then a date will be set for an Appeals Panel to meet. The Appeals Panel will consist of a minimum of two qualified trainers or assessors not involved in the original decision. It will meet within 14 working days of the receipt of your formal appeal by the training provider’s quality assurance representative.

8. Records of all formal appeals will be recorded in writing and will be available to you, the trainer’s quality assurance representative, the training provider’s quality assurance representative, your company and if required, your booking agent.

9. The Appeals Panel will ensure that full original details in writing are obtained from both you and the original trainer or assessor.

10. The outcome of the formal appeal may be either confirmation of the original decision, a re-assessment by an independent trainer or assessor, judgment that adequate evidence meeting the assessment criteria has been shown, or an opportunity to re-submit for assessment within a revised agreed timescale.

11. The written decision of the Appeals Panel will be issued to the learner within 7 working days of the Appeals Panel meeting. 

12. Records of all decisions made by the Appeals Panel will be recorded in writing and will be available to you, the trainer’s quality assurance representative, the training provider’s quality assurance representative, your company and if required, your booking agent.

13. If you are still not satisfied with the decision at this stage and this procedure has been exhausted, you have the right to appeal to the Awarding Organisation.

14. If you are not satisfied with the relevant appeals process you may contact the CITB as follows: customerservice@cscs.co.uk

Terms and Conditions – Training Sales

“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form, (ii) the Proposal, (iii) the Email or (iv) the Purchase Order.

“Booking” means the booking request, via email, purchase order, website, phone or booking form, to Construct Training Ltd from the Client, Provider or Delegate.

“Booking Form” means the Construct Training Ltd booking system/booking documents or other booking method as may be required via a Booking Agent or similar.

“Charges” means the charges for the Training Services set out in the Booking Form, Proposal, Purchase Order or Email. The charges are set in pound sterling and are, where applicable subject to VAT.

“Clause” means a clause in these terms and conditions.

“The Client” means the company, individual or other organisation identified in a Booking Form, Proposal, Purchase Order, Quotation or Email.

“Construct Training Ltd” means Construct Training Ltd (hereafter called The Company)(Registered Number 13898116) or any of our sister companies or subsidiaries. 

“Delegate/Learner” means the member of the Client’s staff or individuals who are to receive the Classroom/Online Training Services as set out in the Booking Form, Purchase Order, Proposal or Email.

“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.

“Joining Instructions” means the documentation issued prior to the Training Services taking place explaining the requirements for joining the training either in location or via video conference software. 

“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Construct Training Ltd or any of its subsidiaries by the Client/Individual. All personal data is stored securely.

“Proposal/Quotations” means the proposal/quotation for Training Services accompanying these terms and conditions.

“Reasonable Adjustments” means reasonable adjustments either in accordance with relevant equality legislation or as part of what we deem to be good practice.

“The Trainer” means the person delivering the Classroom/Online Training Service.

“The Assessor” means the person delivering and assessing the Vocational Training Service where applicable.

“The Training Location” means the place at which the Classroom Training is to be held where applicable or online training.

“Training Services” means any service provided by Construct Training Ltd

“Classroom Training” means the delivery of a course either online via Video Conferencing software, in a Training Room or at the Clients offices as set out in the Booking Form, Purchase Order, Proposal or Email.

“Training Course/Course” means the Programme or Course set out in the Booking Form, Proposal or Email.

These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to the exclusion of any other terms and conditions.

1. GENERAL TERMS APPLICABLE TO ALL TRAINING SERVICES

1.1 Construct Training Ltd (the Company) shall provide Classroom Training, Vocational and E-learning services in accordance with these terms and conditions. Quotations/Proposals are made, and orders accepted strictly in accordance with these terms. Booking a Course or Programme shall be regarded as an offer by you to book a Course, Programme under these Conditions.

1.2 The Client shall pay any Charges without deduction or set-off howsoever arising.

1.3 All CITB grant recoveries or receipts are the sole responsibility of the client and do not affect the Company’s invoice terms and conditions.

1.4 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client where applicable.

1.5 In the event the Client fails to make payment in accordance with this Agreement, the company may:

1.5.1 Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (interest) Act 1998; and/or at a rate of 8%.

1.5.2 Suspend supply of the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed).

1.5.3 Delay the release of certificates.

1.5.4 The Delegate may not be able to attend the course or may be rejected from joining.

1.5.5 In the event that the Company seeks legal advice to recover any debt, all legal fees will be chargeable to the Client. Should the matter be issued at County Court interest applies at a daily rate of 8% (County Court Act 1984) and court issue fees and other court fees will be recoverable and payable.

1.6 Unless otherwise agreed quotations are valid for 30 days and are subject to change after that period.

1.7 Any additions or variations to these terms and conditions must be agreed in writing and authorised by a Director of the company prior to the relevant Training Course.

1.8 These terms apply to all orders, bookings, enquiries, proposals and quotations between the Company and the Client and are deemed to have been accepted once The Client, confirms in writing that they wish to proceed. Nothing transmitted in writing or verbally either prior to or after the booking will vitiate these terms and conditions. 

2. PROVISIONS, AMENDMENTS, TRANSFERS AND CANCELLATIONS

2.1 Up to 24 hours before the Classroom Training is due to commence, the Company may by notice in writing or telephone, alter the Training Location provided that the new location is a suitable alternative.

2.2 Up to 24 hours before the Classroom Training is due to commence, the Company may, by notice in writing or telephone, alter the Training delivery method from face to face to online via Video Conferencing Software, or vice versa, provided that there is a significant reason. i.e. tutor illness, facility issue affecting delivery, national pandemic/situation.

2.4 If the Client wishes to cancel a booking after the cooling-off period, the Company reserves the right to charge a cancellation fee in respect of the booking:

2.4.1 No cancellation fee if more than 7 days before the first day of the Classroom Training.

2.4.2 50% of the booking or contract price will be charged if cancellation occurs 7 days or less but more than 48 hours prior to the first day of the Classroom Training.

2.4.3 100% of the booking or contract price will be charged if cancellation occurs 48 hours or less prior to the first day of the Classroom Training.

2.5 If a Client wishes to alter a booking or transfer to an alternative course the Company reserves the right to charge an administration or transfer fee:

2.5.1 Name changes are free of charge as long as they are confirmed in writing at least 7 days before the Training course, after which a fee will apply.

2.5.2 No fee is charged if amendment or transfer is done more than 14 days before the first day of the Classroom Training.

2.5.3 A fee of £50 + VAT or 50% of the booking or contract price (whichever is the lesser amount) if the amendment or transfer is between 14 days and 48 hours before the first day of the Classroom Training.

2.5.4 Unless otherwise agreed in writing by The Company, no amendments or transfers can be made less than 48 hours before the first day of the Classroom Training. The Company reserves the right to charge 100% of the booking or contract price in the event that the Client or Delegate fails to attend any part of the booking, test or assessment.

2.6 A transfer can only be made where the Delegate or Client can specify the new course they wish to attend, transfers cannot be made if the new course is yet to be confirmed. Transfers are at the discretion of the Company.

2.7 The Company reserves the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses. A full refund will be offered if the Company fails to offer a suitable alternative course, venue or course delivered via video conferencing software.

2.8 Notification of any cancellation, amendment or transfer must be made in writing and email to trainingteam@construct-training.co.uk

2.9 The Company will provide (for on premises non-SSP training): a Trainer, Laptop, HDMI Cable, Course Material, Certification and Risk Assessment relevant to the location (provided always that the Client provides relevant information required to do so.

2.10 The Client/Individual will provide: a TV or Projector, A Projector Screen or suitable wall, Pens, Paper, PPE if necessary, Identification for each Delegate, Wifi, First Aid, Emergency Procedures, Free of Charge Parking, Training Location (unless otherwise agreed), Tables and Chairs including one for the Trainer.

2.11 Clauses 2.10 and 2.11 apply for non-SSP courses only. Where a course is provided (other than remote delivery), the Company will provide all relevant attendances as required for delivery.

2.12 The Company will proactively monitor itself in accordance with the principles of HSG65 – Plan, Do, Check and Act 

2.13 The Client/Individual/Delegate accepts that at any time a Training Assessor may be present or join an online course. The Client/Individual/Delegate will take all reasonable steps to facilitate and support the Company in regards to any request of the Training Assessor.

Cancellation by us

2.14 All Courses and Programmes are subject to availability and demand, and it is your responsibility to confirm the status of a Course or Programme with our Course Bookings Team prior to the Course or Programme start date.

2.15 We reserve the right at any time:

2.15.1to cancel Courses or Programmes and refund in full. No further liability will be accepted.

2.15.2 to vary Course or Programme dates, programmes, speakers and venues.

2.16 We shall endeavour to inform you as soon as possible of any Course or Programme cancellation or variation.

2.17 Every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course or Programme description; however, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course, Programme where any such error or omission has occurred, even after we have accepted such a Booking.

3. CHARGES AND PAYMENT

3.1 All payments must be made in UK sterling (GBP) and reference our invoice number where provided.

3.2 Other than where we agree to payment being made through an active Credit Account, payment must be received at time of booking via credit/debit payment card or other agreed payment method, or by BACS remit. All payment arrangements must include the provision of a purchase order reference.

3.3 Where payment is to be made through a Credit Account, payment shall be made within 30 days of the date of invoice. If payment is made via BACS a remit must be received within 2 working days of the booking. 

3.4 No payment shall be deemed to have been received until we have received cleared funds.

3.5 Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to: 

3.5.1   Cancel the Agreement; and/or

3.5.2   Suspend the delivery of any other Course to you; and/or

3.5.3   Withhold the issue of any applicable Course certificate; and/or

3.5.4   Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 8 per cent above the base rate from time to time of the Bank of England. If we must recover the outstanding payment recovery costs are to be paid by you.

4. DELEGATES

4.1 The Company or the Trainer (whose decision shall be final) reserves the right to remove a Delegate from a course, where the Delegate is behaving unreasonably, isn’t fit to undertake the training or is under the influence of alcohol / illegal substances.

4.2 It is the client’s responsibility to ensure the delegate assessment is made prior to enrolment. This will be made available electronically prior to the joining instructions being issued. Delegates may not be able to sit the course should they not meet the prerequisites of the course, this includes, but is not limited to, speaking, writing and understanding English, age restrictions and holding the correct certificates, providing identification and complying with any course joining instructions or specific location rules.

4.3 If the Training Service is to be delivered via Video Conferencing Software or is an e-learning course, it is the Delegates / Clients responsibility to ensure that they can access the course, assessment or exam with sufficient internet connectivity and have a working laptop or similar device with camera and microphone if required. Android phones, iPhones, iPad or similar are not authorised for online courses. The Client and/or Delegate is responsible for reading, understanding and distributing as necessary the course joining instructions. The delegate will be required to read and agree to the Company policies in respect of online learning and examinations.

4.4 The company will still expect payment for Invoices relating to Delegates described in 4.1 to 4.3 in accordance with the company’s cancellation terms.

4.5 Resits are available to delegates who do not pass, but achieve the resit mark, on CITB exams. A resit fee may be charged and is payable prior to the resit taking place, unless otherwise agreed. Only one resit is allowed per delegate per course.

4.6 Equipment must not be removed from the training environment, any damage by wilful misuse or negligence will be chargeable.

4.7 Delegates should arrive at the training venue or join the course being hosted via video conferencing software before the start of the course; late arrivals may not be able to attend. Delegates who are late and are not permitted to attend the course will still be required to pay in full.

4.8 Delegates must complete all course paperwork correctly, failure to do so may result in the course not being completed.

4.9 Delegates under the age of 18 at the time of training must provide a letter of consent from a parent / guardian.

4.10 The Company and/or Trainer shall hold no liability howsoever arising for any failure by a Delegate in respect of passing the relevant standard/exam/test etc of the course.

4.11 Delegate(s) that are not adhering to our Equal Opportunities and Diversity Policy and/or our Safeguarding Policy and other guidelines may, at our sole discretion, be required to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

4.12 Delegates are not allowed to bring the following on to our premises:

4.12.1 Alcohol; or

4.12.2 Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).

4.13 Some of the training provided by Construct Training Ltd can be physically and/or mentally demanding. All Delegates must be capable of completing the training in that respect. We cannot be held responsible for any costs that may be incurred due to a Delegate(s) being unable to complete training as a result of any inability on their part. Where there is any concern you should contact us and we will assess what reasonable adjustments may be made to assist you or your Delegate(s).

4.14 Prior to making a Booking it is your responsibility to ensure that a Delegate(s):

4.14.1 Has the physical ability; and/or

4.14.2 Has the communication skills; and/or

4.14.3 Has the literacy and/or numeracy skills; and/or

4.14.4 Has met any prerequisites listed for the Course or Programme that is/are required for a Delegate(s) to attend and complete the Course or Programme on which they have been enrolled, and for which we are not able to make Reasonable Adjustments.

4.15 It is your responsibility to ensure the Delegate(s) is aware of what is involved in the Course or Programme (including, but not limited to, if it involves being in a confined space or working at heights) and has the ability to fully complete any training and assessment.

4.16 If a Delegate(s) does not possess the physical ability and/or the skills and/or prerequisites and/or abilities set out in clauses 4.14 or has not provided to our satisfaction parental consent if required under clause 4.9, either:

4.16.1 In our reasonable opinion; and/or

4.16.2 The Delegate’s opinion and we have not been able to make Reasonable Adjustments, such Delegate(s) shall be required to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

4.17 If you and/or a Delegate(s) have any doubts relating to their physical ability, reference should be made to a medical doctor. The onus is entirely with you and/or the Delegate(s) to ensure that they have the physical ability required to attend a Course or Programme.

4.18 We require Delegates to bring photographic identification along to the Course or Programme they are attending to verify their identity. It is your responsibility to make the Delegate(s) aware of this requirement and refer to the joining instructions provided as to whether this is a requirement. If photographic identification of the Delegate(s) is required and they do not provide it when requested, we may require them to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

5. CERTIFICATES

5.1 The certificate belongs to the Delegate and should not be withheld by the Client or third-party booking agent.

5.2 The Company reserves the right to withhold delivery of the certificate until such time as payment has been made in full. It shall be a condition precedent to the release of any certificates that payment has been made.

5.3 Duplicate certificates, which might be hard copy or digital (depending on the awarding body), must be requested in writing and will be chargeable.

5.4 Certificates will generally be issued within 10 days of the course completion subject to relevant payment having been made or terms agreed.

OTHER GENERAL TERMS

6. LIABILITY AND ITS EXCLUSION AND LIMITATION

6.1 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly Provided in these Conditions, the Company shall not be liable to the Client/Individual by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs expenses or other claims (whether caused by the negligence of the Company its servants or agents or otherwise) which arise out of or in connection with the provision of the Training Services and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company’s charges for the provision of the Training Services except as expressly provided in these terms.

6.2 The Company shall not be liable to the Client/Individual or be deemed in breach of contract by reason of any delay or failure to perform any of the Company’s obligations in relation to the Training Service if this was due to any cause beyond the Company’s reasonable control.

6.3 The Client will be responsible for ensuring that the trainer is provided with a solid and reliable internet connection for the delivery of online, public, scheduled courses where the client provides the Training Location. In all other cases it shall be the responsibility of the Company.

6.4 The Client/Individual is responsible for ensuring that they have a reliable and stable internet connection for the duration of any online training service that they have purchased.

7. INSURANCE

7.1 The Company’s holds public liability insurance of £2,000,000 of which will be provided on request.

7.2 In the case of In-House Training, the parties shall carry public liability insurance for a minimum amount of £2,000,000 for each and every claim and shall provide evidence of this cover upon request.

8. ADVERTISING

8.1 The Company may refer to a Clients/Individuals contracts within any proposal to further Clients/Individuals, provided only fundamental facts are divulged and not proprietary and confidential information.

8.2 The Company may store the names of the Delegates/Clients/Individuals for the purpose of delivering the service and advising them of the availability of courses in the future.

9. DATA PROTECTION

9.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow the Company at all times to perform the Training Services without infringing any third-party rights.

9.2 The Company warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, the Company will destroy the Personal Data upon written demands from the Client where possible, and further, that it has in all respects complied with its obligations under the Data Protection Act 2018 and any amendments to or re-enactments thereof.

9.3 The Company is a registered organisation with the Information Commissioners Office and holds a data protection certificate.

10. INTELLECTUAL PROPERTY

10.1 All intellectual property rights for all course material shall remain the property of the Company. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the Company or the copyright owner.

11. HEALTH AND SAFETY

11.1 During the provision of the Training Services, all parties shall comply with all applicable health and safety legislation and codes of practice.

11.2 For practical courses, the Company reserves the right to refuse entry to any delegate without the PPE appropriate for the course. The Client may still be charged in accordance with 2.5.

11.3 In the event that the Training Services are provided at the Clients premises, the Client will ensure:

11.3.1 That the Company’s employees, servants or agents are safe at all times and all known risks must be clearly identified by the Client.

11.3.2 That all relevant insurance policies are in place for the Clients site or offices and copies are available if requested by the Company.

11.3.3 Any Equipment owned or hired by The Client is in a safe working condition and fit for purpose.

11.4 The Company/Trainer will provide and have with them a Risk Assessment in respect of the course delivery that all parties may be required to sign. It is the Client/Individuals responsibility to provide the Company with the required information in order to complete the Risk Assessment.

12. TERMINATION

12.1 Either party may terminate this Agreement by written notice:

12.1.1 If the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section 123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and / or

12.1.2 If the other party fails to remedy a material breach of the Agreement within 7 days of written notice identifying the breach and notifying of an intention to terminate; and / or

12.1.3 If an encumbrancer takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and/or

12.1.4 The other party threatens to cease to carry on business.

13. ASSIGNMENT

13.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.

13.2 The Company may assign this agreement as they see fit.

14. FORCE MAJEURE

14.1  Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of The Company) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control.

15. NON-SOLICITATION

15.1 The Client shall not during the term of this Agreement and for six months thereafter, entice or solicit for employment with it, or any other entity, any Trainer or Employee who has been engaged to provide the Training Services.

16. ENTIRE AGREEMENT

16.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and the Company relating to the Training Services.

17. AGREEMENT AMENDMENTS

17.1 Any amendments to this Agreement shall be in writing.

18. EFFECTIVENESS

18.1 This Agreement shall be effective upon signature by the parties or by requesting training services from the Company in any format. 

18.2 This agreement shall be effective to any and all engagements between the Client/Individual/Delegate and the Company howsoever arising.

19. THIRD PARTIES

19.1 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999, or any amendment to, or re-enactment of it, to enforce any provision of this Agreement.

20. LAW

20.1 This Agreement shall be construed in accordance with the Law of England and Wales and the English courts shall have sole jurisdiction.

How to contact us

Please email us at trainingteam@construct-training.co.uk

Terms and Conditions – Consultancy and Membership

1. Terms of Reference

1. The “Company” meaning Construct Safety Limited (“Construct Safety”) or any subsidiary, sister, or parent Company whose address is at Unit 6 St George’s Square, Portsmouth, Hampshire, PO1 3EY or other such address as is registered from time to time.
2. The “Client” meaning any party engaging in contract with Construct Safety Ltd where Construct Safety Ltd are providing services in any format.
3. The “Contract” meaning this agreement which shall be in force at all times and shall not be superseded, overwritten or replaced by any other contract, agreement or engagement howsoever arising. 
4. The “Service Provider” meaning Construct Safety Ltd or any of its staff members, subcontractors or other delegates as provided by Construct Safety Ltd for the completion of any contract, engagement or agreement formed.
5. The “Service” meaning the Training service, Management service, Consultancy service or any other such service as provided by Construct Safety Ltd in whatever relevant format.
6. The “Order” meaning any order documentation provided by the Client for any services provided by Construct Safety Ltd howsoever arising and whenever issued.
7. The “Schedule of Costs” meaning the values, rates or other such prices confirmed within any quotation to which these terms relate, be that a formal quotation, email quotation or verbal quotation.
8. The “Quotation” meaning any price document released by the Company prior to the agreement or engagement starting in whatsoever format.
9. The “Annual Membership/Membership” meaning the annual Health and Safety service provided by the Company to the Client including the membership certificate and related services as set out in any proposal.

• Exclusions

1. The Company hereby confirms, and the Client agrees that the engagement to which these terms pertain does not fall under the Construction Act 1996 (amended 2011) and therefore is not subject to the requirements laid out in relation to payment notices, applications, and payless notices.
2. The Company hereby confirms, and the Client agrees that the engagement to which these terms pertain does not fall under the Scheme for Construction Contracts Regulations 1998 and therefore is not subject to any of its requirements.
3. The Company and Client agree that this contract shall not be subject to the Construction Industry Scheme and no deductions shall be made in respect of tax, CIS, discount, or retention.
4. The Company excludes any and all liability to any third party howsoever arising and the Client warrants that they shall indemnify the Company in full in respect of any such claim.

• Engagement Principles

1. The Company warrants that it will provide the Client with the services listed in the quotation, or that form part of the membership principles or other services as may be quoted and/or agreed from time to time. 
2. The Client acknowledges that the Annual Membership/Membership shall be limited to the specific services as set out in the “construct safety annual membership” document and that all other services shall be payable in addition at the prescribed rates or as set out in any quotation either written or verbal.
3. The Company warrants that it will provide services on a membership, lump sum or day/hourly rate basis and will provide this information in advance of the relevant services beginning. 
4. In the event that this information cannot be confirmed in advanced then the Company shall make all reasonable endeavours to confirm the fee or rate in writing within 7 days, failing which the Company will invoice at their standard rates as detailed in the schedule of costs below.
5. The Company will provide a service provider to complete the contracted tasks as detailed within the quotation. The service provider will be deemed suitable and competent by the Company and shall not be subject to any further stipulations, restrictions or requirements by the Client unless agreed in writing prior to the contract execution strictly with the Company.
6. For additional services the Company will complete the agreed engagement with time not being of the essence unless otherwise agreed, it should be noted that different contract types carry different timescales and where a Client has any relevant deadlines, these should be set out in advance of the engagement.
7. Where possible, the Company and the Client shall agree such dates, targets, or a programme prior to the execution of this agreement. 
8. Due to the nature of service, the Client warrants that Company shall be limited in its liability to the maximum extent permitted by law in regard to any loss, expense or damaged incurred through any delay, omission or error.
9. It is the general principle that both the Company and the Client must be open and honest in all dealings under any agreement, contract, or engagement, however the Company limits its liability to the maximum amount permissible by law in regard to any error, omission or delay caused by any information, advice or direction provided by it.
10. The Client shall act in good faith at all times and disclose all facts, documents or other such information as the Company may require in order to complete the engagement efficiently and correctly.
11. Should an engagement commence without signed approval of these terms then they will be considered exclusively in force provided that there is a clear communication from the Client requesting relevant work to be completed, this may be in written or verbal format. The Company may take any communication either written or verbal as instruction to proceed and will from time to time provide return confirmation as deemed necessary.

• Costs Schedule

1. Unless otherwise agreed, services provided by the Company are chargeable as follows:
2. Director – £500 per day
3. Consultant – £450 per day
4. Mileage – £0.35 pence per mile 
5. Overhead and Profit – 25% on any Plant, Materials or Subcontractor provided
6. Annual membership – £1800.00
7. Other services – £POA

• Where works are outside of the membership or not subject to a pre-agreed price, time is chargeable in units of 1 hour but are subject to a minimum 4 hours per engagement or day unless otherwise agreed in writing by the Company. 
• The Company will generally keep a daily record of the work and hours conducted but it is important that the Client addresses any issues as soon as they arise. The Company shall not be liable to keep a diary record or provide any timesheets for approval unless specifically agreed in writing prior to the engagement commencing.
• The Company shall only be liable to keep hourly records where the engagement has been specifically agreed as “per hour” or where a quotation has not been agreed and in such case will only provide records upon request. 
• Printing / photocopying is chargeable as follows:
  • Type of printing / photocopying Rate per page
    • A4 black and white £0.10
    • A4 colour £0.30
    • All other printing / photocopying Cost plus 20%
• All other expenses and disbursements are chargeable at cost plus 25%.
• First class train travel and business class aeroplane travel are chargeable where applicable.
• All rates and charges are subject to twice-annual review and potential increase which will be notified a minimum 14 days in advance.
• All rates and charges are exclusive of VAT which is additionally chargeable and payable where/if applicable.
• Fees, expenses and disbursements are payable irrespective of the progress of the engagement and shall be based on an interim claim reflective of the costs incurred by the Company up to that time.
• The Company reserve the right to request payment on account for any services provided and works will not commence until such time as payment has been made. 
• The Company may require that the Client keep a regular deposit amount as security until the conclusion of the engagement and such continued payments may be required after the initial deposit in order to keep the security amount in credit.

• Invoicing and Payment – Membership

1. Where the invoice relates to the payment of an annual membership, it shall be invoiced on a proforma basis and it shall be due no later than 14 days from receipt and shall be chargeable for one year of service in advance.
2. The annual membership (12 months) shall be non-refundable.
3. Payment in full shall be a condition precent to the provision of a membership certificate and all membership services.
4. Upon payment of the membership invoice services shall be provided for a period of not more than 365 days.
5. An annual invoice shall be issued on the same date each year and shall be payable within 14 days of receipt.
6. It shall be a condition precedent to service that each annual invoice is paid as per its relevant terms.
7. In the event the Client wishes to terminate the annual membership engagement at any time after the initial 12 month period, it shall do so by providing not less than 30 days’ notice in writing and shall issue such notice to al@construct-safety.co.uk.
8. Upon receipt of said notice, the Company shall confirm its final date of engagement and shall continue services until such time. 
9. The format of said notice is contained at clause 9(d).
10. Following the date of termination (30 days from notice), the Company shall within 30 days, provide the Client with a refund of all unused membership fees which shall be calculated by dividing the annual membership fee by the number of working days in the respective year to which it relates and refunding for all days from the date of termination to the end of the annual membership period.
11. Where the Company terminate the annual membership, it shall be entitled to do so immediately upon notice. 
12. If the membership is terminated due to any breach of contract by the Client or should the Client’s actions bring the Company into disrepute, then the Company shall be entitled to retain all remaining annual membership fees. 
13. Where the termination is for any other reason, the Company shall, within no more than 30 days of such termination, pay the Client all unused membership fees calculated in accordance with clause 5(j).
14. The Client may not exercise any right of set-off against amounts payable to the Company.

• Invoicing and Payment – Services

1. Invoices will be issued by the Company on not more than a fortnightly basis and are payable within 14 days unless otherwise expressly agreed in writing with the Company in advance of the services commencing. 
2. All payments are to be made by Faster Payment or CHAPS payment to clear on the date listed on the invoice. 
3. The Client may not exercise any right of set-off against amounts payable to the Company.
4. If any invoice or payment on account is not paid on time, the Company may suspend work and/or terminate the contract without loss of any other rights of this contract or under the law of England and Wales.
5. Should the Company be required to terminate the contract for any breach, then notice will be provided to the Client and termination shall be effective upon transmission of the notice.
6. The Company shall not be liable for any loss, damages, expenses or delays caused by any termination, howsoever arising.
7. The Company will exercise its rights under the Late Payment of Commercial Debts (Interest) Act 1998 and all late invoices will be subject to the Statutory Interest rate of 8% interest over the and above the Bank of England base rate. Interest will be added on the basis of a daily rate up until the date of payment and payment of interest shall be a condition of recommencement of any service.
8. The Company will charge the further compensation chargeable rates of £100 for invoices up to £1,000, £250 for invoices from £1,001 to £10,000 and £400 for invoices over £10,000. 
9. Where the compensation rate is not sufficient to cover the Company’s cost of recovery, the Company shall be entitled to claim such additional costs as may have been incurred.
10. All services provided by the Company are subject to s. 2 of the Late Payment of Commercial Debts (Interest) Act 1998.
11. The Client, its Directors and Shareholders agree that should the Client Company fail to make payment within 60 days, become insolvent, enter into liquidation (voluntary or otherwise) or be purchased by a third party then each Director and Shareholder shall be jointly and severally liable to clear all outstanding debt owed to the Company howsoever arising including but not limited to services, provision of labour, materials, plant or subcontractors, interest, administration fees, loss and expense. 

• Disputes

1. Should the Client wish to raise any dispute with the Company then it must be done:
   1. In writing which shall be emailed to al@construct-safety.co.uk. 
   1. The letter must be addressed to the Managing Director and marked Strictly Confidential.
   1. The dispute must be raised no later than 7 days following release of the invoice by the Company with the letter having been deemed received 2 working days after being emailed.
   1. The Client must confirm on what lawful grounds it is raising the dispute and each amount being deducted must be done so by detailing the amount claimed, what the amount claimed related to, what invoice it relates to, the amount being paid and the reason for the deduction or dispute. 
2. The Company’s liability shall be limited in respect of all disputes howsoever arising to a maximum deduction of £1,000 or the amount of the related invoice/s, whichever is the lower. 
3. The Client shall indemnify and save harmless the Company in all respects including but not limited to, failure of a project to conclude on time, loss of profit, increased expenses, delays, loss of staff, loss of income, travel issues or any other such issues as may arise. The Company limits its liability to the maximum extent permissible by law.
4. If a dispute arises then the Company’s nominated officer shall be Mr Alan Anderson and their consultant in all regards shall be MD08 Ltd who shall be authorised to discuss matters on their behalf. When raising any dispute, the Client must notify the Company of a maximum of one chosen officer who will be dealing with the dispute in all regards. Any change to this nominated officer will require the agreement of the parties which will not be unreasonably withheld.
5. In the event a dispute cannot be resolved immediately, the following resolution route must be taken:
6. The Company and Client nominated officers must meet at a mutually agreed location within no more than 14 days of the dispute arising and must seek to resolve the matter amicably by documented negotiation.
7. The Company and Client’s nominated consultants must meet at a mutually agreed location within no more than 28 days of the dispute arising and must seek to resolve the matter amicably based on the information provided to them by the Company and Client. In all matters the Client and Company must provide the consultants with autonomy to make suitable decisions to resolve the matter.
8. Should steps i and ii not resolve the dispute, the Company may then refer the matter immediately to County Court provided that a Pre-Action letter is issued to the Client giving the Client not less than 14 days to resolve the dispute. 
9. The Client is required to first refer any unresolved dispute to Mediation before it may take County Court action against the Company and must provide the Company with a confirmation letter from the Mediator that states that the matter could not be resolved amicably. The Client must then serve a Pre-Action notice to the Company providing not less than 28 days for the Company to resolve such a dispute. 
10. The use of County Court or Small Claims, Fast Track or Multi Track processes shall be considered a last resort and the Civil Procedure Rules should be utilised to ensure compliance by both parties.
11. Where the parties cannot agree the appointment of a mediator, the nominating body for Mediation shall be Royal Institute of Chartered Surveyors.

• Copyright 

1. Copyright in all documents created or amended by Company shall remain vested in the Company. The Company is not responsible for the consequences of the use of any documents that it created or amended for purposes not expressly made known to the Company before the time of the creation or amendment of the documents by the Company.
2. The Company has a lien on its own documents and on all documents belonging to the Client and in the Company’s possession or control, whether relating to the subject matter of the contract or otherwise, until all sums chargeable by the Company have been paid in full.
3. Whilst the Company will take precautions not to release or disclose any Client documents in its possession to any unauthorised third party, the Company shall not be liable for any costs, loss of profits, expenses or other such claims arising through the use of Client documents howsoever arising.
4. The Company, where required by law, shall release such documentation to such third party as may be required. The Company shall not be liable for any costs, damages or claims arising as a result of such release.

• Termination and Effect of Termination

1. Either party may terminate the contract by giving notice in writing with not less than 1 weeks’ notice for one off engagements, not less than 30 days’ notice in respect of any annual membership (after the first 12 months only), save as for the circumstances outlined above.
2. Either party may terminate the contract with immediate effect should either party conduct any action that constitutes a breach of contract or a serious health and safety breach, environmental legislation or commit any act that could potentially be a risk to any employee or agent of either party if not prevented.
3. Any termination notice shall be deemed served immediately on transmission via email to the last known communication address of the Client or to al@construct-safety.co.uk in respect of the Company.
4. A termination by the Client shall only be valid where it includes:
   1. Reference to the contract/membership
   1. The reason for the termination
   1. The site addresses (where relevant)
   1. The date on which the notice is served
   1. The Company’s registered address
5. Where termination notice has been given, any unpaid invoices for services will be due immediately.
6. In respect of payment and/or repayment of annual membership fees, these shall be processed as laid out under heading 5, provided that the notice is served after the first 12 months of the membership. If served within the first 12 months, the Company shall be entitled to retain all related fees.
7. In respect of any repayment of annual membership fees or other invoices, the Company shall charge an administration fee of £50.
8. Following receipt of the termination notice, the Company shall provide the Client with confirmation of the date on which services will cease.
9. Following cessation of services, neither party shall hold itself out as being connected with the other in any manner, nor shall the Client be entitled to utilise any products, certificates or other material provided by the Company.

1. General

1. If any part of this contract is found to be void and/or unenforceable, all remaining parts shall remain extant and in full force and effect.
2. It is not intended that any third party shall have any right to enforce any provision of the contract under the Contracts (Rights of Third Parties) Act 1999.
3. This contract is governed by the law of England and Wales.
4. No other terms, conditions, proposals, orders, quotations, or documents of any nature either presented prior to the engagement commencing or during the engagement by the Client shall in any manner override, void, supersede or caveat these terms and conditions in any respect. 
5. This contract is an entire agreement.