Bravanark Terms of Service

Competent person and advice service

The competent person and advice service must be paid for via monthly standing order payments on an open-ended basis, unless specifically agreed otherwise with a Director of Bravanark. (Please see ‘Termination of Service’ below for further details.) This service will only commence after receipt of the first payment.

Annual or 3-year contracts
1 or 3-year contract clients may choose to pay for their services by annual, quarterly or monthly payments (subject to satisfactory credit searches/references). Quarterly or monthly payment options are subject to a 3% surcharge.

Annual Payments
For 1 and 3-year contracts, the first annual payment is bound by our general payment terms i.e. 21 days from date of invoice. The annual payments for years 2 and 3 of the 3-year contract must be received no later than the anniversary dates of years 2 and 3 by bankers/standing order.
Quarterly Payments

The first quarterly payment is bound by our general payment terms. All subsequent payments must be made by bankers/standing order 3 months to the day of the service commencement date thereafter for the duration of the contract.

Monthly Payments
The first monthly payment must be made no later than the proposed service commencement date. The service will not commence until the first payment has been received. Subsequent payments must be paid by banker/standing order on the same day of each succeeding month thereafter for the duration of the contract.

Courses
All courses must be paid for in full, either 21 days from the date of invoice or 14 days prior to delivery of the course, whichever is the earlier date. If a course booking occurs within the 14 day period prior to delivery, payment must be made at the time of booking. Delegate fees and expenses will be invoiced separately upon completion of the course and is subject to Bravanark’s usual payment terms.

EXPENSES

Expenses will be invoiced separately and will be subject to Bravanark’s usual payment terms of 21 days from date of invoice 

CANCELLATIONS

Bravanark will give, and requires, at least 72 hours’ notice of cancellations of meetings, courses, site-visits etc, so that diaries can be rearranged effectively on both sides. Failure to give 72 hours’ notice will incur a cancellation fee or credit note (for services) commensurate to the client’s agreed daily rate if no suitable alternative appointment can be arranged to fill the slot by the cancelled party. Bravanark accepts however that there will be instances when a short term cancellation (i.e. less than 72 hours’ notice) is unavoidable. This being the case, Bravanark allows for 1 such cancellation on either side without penalty.

Bravanark shall not be liable to the client for any breakdown or failure of their services as a result of force majeure, Act of God, war, strikes, lockouts, civil commotion, mechanical or technical difficulties or any other cause whatsoever beyond its reasonable control.

COMPLAINTS

Bravanark strives to provide all clients with a high degree of customer service however if the client is dissatisfied in any way with the services provided to them under the terms of their agreement Bravanark requests that the client raises the issue immediately in writing in the first instance with their allocated lead consultant. If the issue is not satisfactorily dealt with by this consultant within 21 days of raising the issue then please notify the Operations Director of Bravanark in writing. The Operations Director will, in turn, investigate any dissatisfaction and respond in writing within 21 days of the receipt of any such letter. Bravanark hopes that all issues can be dealt with amicably and to the satisfaction of both sides.

TERMINATION OF SERVICE

Bravanark will give, and requires 3 months’ clear notice of termination of the contract. The client continues to be liable to Bravanark for payment of all relevant instalments/fees that relate to, or are issued within, the notice period.

DATA PROTECTION

Bravanark abides by the 8 principles as laid down by the Data Protection Act 1998. Information about the client and its staff shall be treated as strictly confidential, both during and after completion of the contract.

INTELLECTURAL PROPERTY

Any intellectual property (as outlined in the definition following) provided to the client in the course of the agreement remains the absolute property of Bravanark. Definition: Intellectual property includes copyrights, design copyrights, letters patent, trademarks (whether registered or unregistered), registered or unregistered designs, applications and the right to apply for any such rights in any part of the world, and creations, Confidential Information, know-how whether registrable or not as moral rights and any similar rights in any country.

THE CLIENT / CONSULTANT RELATIONSHIP

Bravanark’s relationship with its client is a two-way process. The advice Bravanark gives to its client is based upon the observations of the Bravanark consultant; the information provided to the Bravanark consultant by the client; and accepted ‘best practice’ in the health and safety, HR and accessibility fields.

Information
It is the duty of our client to provide Bravanark with any and all of the information relevant to the contract, so far as is reasonably practicable. It is also the duty of our client to keep Bravanark informed of any changes and/or occurrences that are, or may be, related to its contract. If there is any doubt as to the relevance of a change or occurrence the client should inform Bravanark who will consider the information on its own merits.

The client must inform Bravanark in writing of any change of address, of trading, or registered office as the case may be. Any correspondence or notice sent by Bravanark to the client address as given in this document or its last known place of address shall be deemed ‘duly served’.

Bravanark will take all due care to provide its services in a professional and timely manner and to ensure that the advice given to clients is based on existing legislation and currently accepted ‘best practice’ but due to the constantly evolving legislative and judicial system in the UK Bravanark cannot warrant that it’s service will be completely error-free. Bravanark’s sole liability in this regard will be to update the advice previously given.

Timescales, Responsibilities and Measures for Success
The means of measuring the success of contracts will vary according to the individual needs of clients and the operational demands of the client’s business. Contract objectives and an agreed timescale for action will be discussed at the beginning of the contract and, once agreed, will allow for continual monitoring of progress. Bravanark advises and works for its clients in order to achieve the contract objectives within the agreed timescale but it is up to the client to implement the advice given within the same agreed timeframe. Contract consultancy days cannot be ‘carried over’ beyond the expiration date of the contract. It is in the client’s best interests to endeavour to work towards the agreed timescales.

Competent person and advice service
The health and safety competent person and advice service is available only to clients who have had, at the very least, a Bravanark health and safety audit. The fees for this service are dependent upon whether your organisation falls within a low, medium or high risk category. The risk rating will be determined by your health and safety consultant and is based on the findings of your health and safety audit, as well as the industry sector to which your organisation belongs. This service comprises:

Bravanark acting as your competent person for the duration of your agreement Telephone advice only for a maximum of 2 named contacts

Any additional work required either on or off-site will be charged out at our usual daily/hourly rate. This will be invoiced separately on an as-and-when basis and is subject to our usual payment terms.

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