Trading Terms and Conditions
BRAVANARK LTD DAILY RATE ‘day’ means one of the following:
CONTRACT TERMS AND CONDITIONS
DAILY RATE - £500.00
HALF DAY RATE - £300-00
HOURLY RATE - £70.00
• working for a period of up to 8 hours on your behalf on Bravanark premises, or
• spending up to a maximum of 8 hours on your site (or an alternative at your request) to a maximum of 10 hours inclusive of travel time (any instance that requires in excess of 10 hours shall incur overnight accommodation and subsistence expenses – as outlined in expenses below HALF –DAY RATE ‘half-day’ means:
• spending a maximum of 4 hours on your site (or an alternative at your request) to a maximum of 5 hours inclusive of travel time (any instance that requires in excess of 5 hours shall incur a full day fee) HOURLY RATE 'hourly' means one of the following:
• Time spent on site including travelling (excluding mileage) up to 3 hours
• Time spent off site completing documentation and correspondence not included in general service:
Please note that these hours also include appropriate rest periods. Training Timescales Timings quoted for training courses are delivery times only. Additional time on site will be required for set-up and take-down procedures as well as for appropriate comfort/refreshment breaks. ADDITIONAL SERVICES The operational demands of your business may require further work in the future that has not been quoted for at this stage. Additional services – subject to acceptance of a further quotation and agreement – can be added at any time during the course of your contract with Bravanark. Such agreements will not replace any quotation/agreement but will be bound by its own parameters and terms. UNFORESEEN CIRCUMSTANCES Extraordinary circumstances may occasionally require additional support by Bravanark, over and above the confines of this quotation. This is not ‘planned for’ work that is covered by the previous paragraph but work that arises because of unforeseen circumstances. For example: attendance by your consultant at the site of an accident; intensive management coaching through a particularly complicated staff performance issue, etc. This additional time investment will be charged out at your proposed daily rate and will be invoiced separately. PAYMENT OPTIONS AND TERMS General Payment Terms "Bravanark's payment terms are 21 days from the date of invoice unless otherwise indicated on initial quotation. All payments are non-refundable.
If a client fails to make punctual payment of any fee or instalment, then Bravanark reserves the right to charge:-
(i) an administration fee of £10 per month to cover telephone calls and correspondence; and
(ii) in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 at 8% per annum over the relevant Bank of England base rate on the total sum outstanding until such time as the full debt has been paid; and
(iii) any decision to charge interest will be notified to you in writing"
Late or non-payment will result in the suspension of any obligation of Bravanark to the client until payment is made. Bravanark further reserves the right to terminate this agreement without notice should late or non-payment occurs.
Bravanark reserves the right to withhold documentation until such time as the relevant payment/instalment has been received.
If a client is having difficulty settling their bill, then it is in the client’s best interests to inform Bravanark as quickly as possible. We may be able to offer some degree of flexibility in order to provide assistance.
Please be advised that if your company requires purchase order numbers/references on invoices then it is the client’s responsibility to provide this information at the time of acceptance.
Payments can be paid by cheque made payable to Bravanark Ltd, Standing order, BACS and most Credit Debit cards.
Standing orders, Credit and Debit cards will be subject to a 3% administration fee. This is imposed by the banking system to use these facilities.
Bank details for BACS payments:
Lloyds TSB plc, 30 High Street, Coventry CV1 5RA
Account number : 02720480 Sort Code: 30-92-33
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. (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.
A 20% deposit is required. This is because much of our initial annual contract work is completed at the beginning of the contract. 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 29 days prior to delivery of the course, whichever is the earlier date. If a course booking occurs within the 29 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 as outlined below will be additional to contract fee and will be invoiced separately.
Mileage - First 50 miles per round trip free, thereafter 45ppm
Travel Time (non-car)First 2 hours free, thereafter £25.00 per hour pro rata
Fares - At cost
Congestion charges - At cost
Toll fees -At cost
Parking -At cost
Accommodation - At cost (equivalent to 3* standard)
Subsistence - At cost (excluding alcohol)
Any other reasonable expenses incurred as a direct result of Bravanark’s contract with you shall be charged out at cost.
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 retainer allows you to ‘reserve’ the services of your health and safety consultant for a monthly fee. These fees 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:
1. Bravanark acting as your competent person for the duration of your agreement
2. 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.
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. Intellectual 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 BRAVANARK SERVICE PLEDGE
Bravanark strives at all times to achieve the following: • Delivery of a written quotation within 7 working days of the invitation to submit a proposal.
• Delivery of a welcome pack within 7 working days of the receipt of the completed “Acceptance of Quotation/Agreement”.
• Contact by your lead consultant within 7 working days of your service commencement date or receipt of your first instalment (whichever is the earliest).
• Provision of site-visit/audit/gap-analysis report/s within 21 working days of Bravanark visiting your premises.
• Our consultants are often unable to take your telephone call due to client demands and/or training commitments but we promise to return your call within 4 hours of receiving a message.
• Our consultants often visit clients and are therefore unable to respond to your emails immediately. You will receive an ‘out of office’ reply from your consultant who will respond to your email enquiry within 4 hours of returning to the office.
• Bravanark staff will at all times deal with your organisation and its officers in a professional and appropriate manner.
• Bravanark will make every effort to allocate the same consultant to the delivery of your whole contract but there will be times that an alternative consultant may be required in order for us to deliver our promised service. Bravanark will ensure that all consultants are suitably qualified and competent to deliver our service to you.
If you feel Bravanark is falling short of delivering these pledges then please let us know at your earliest convenience. Bravanark’s Guarantee We're absolutely committed to ensuring your business complies with current health and safety legislation affecting your business and we totally believe in that Bravanark’s input to your company’s health and safety system will assist you in that compliance. As such we are happy to provide one of the strongest commitments in the industry.
Quite simply, if at any time during the contractual period you are prosecuted by an enforcing authority after receiving advice from any of our consultants and that you have applied that advice then you simply ask for your money back.
That's it. No quibble. No arguments. We want you to comply fully with current legislation therefore retaining staff, less down time, = free of prosecution = more production = more profit!
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