Standard Terms & Conditions
In these Conditions: “Company” means Creative Protection Services Ltd whose registered office is at 12a Leicester Road, Blaby, Leicester LE8 4GQ (registered in England and Wales under number 12485040): “Conditions” means the standards terms and conditions of service set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Company and the Customer: “Contract” means the contract for the provision and acceptance of the Services: “Customer” means the person who accepts a quotation of the Company for the provision of the services or whose order for the services is accepted by the Company: “Services” means the operation and maintenance of a security system in respect of the Customer’s premises as agreed in Writing by the company and customer: “Writing” includes email, facsimile transmission and comparable means of communication. Any reference in these conditions to any provision of a statute shall be consulted as a reference to that provision as amended, “re-enacted” or extended at the relevant time. The headings in these conditions are for convenience only and shall not affect their interpretation.
2. PROVISION OF SERVICES
a)The Company shall provide and the customer shall accept the Services in accordance with any written quotation of the Company which is accepted by the Customer, or any written order or request of the Customer which is accepted by the Company, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted purported to be accepted, or any such order is made or purported to be made, by the customer. No variation, exclusionon or alteration to these Conditions shall be binding unless such variation, exclusion or alterations agreed in writing between the authorized representatives of the Company and the Customer (being in the case of the Company a Director of the Company) and signed by the parties to be bound. In entering the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of any representations concerning the Services, which are not confirmed to the Customer by a Director of the Company in Writing.
b) No order or request submitted by the Customer shall become binding upon the Company unless and until confirmed in Writing by a Director of the Company.
c) The security officers performing the services for the Customer shall be employees of the Company which shall be an independent contractor and shall exercise complete control over the security officers and performance of their duties and shall be responsible for the payment of all wages and other expenses including income tax and National Insurance or similar contributions relating to the provision of the Services by the Company.
d) Throughout the period of the contract the Customer shall deliver to the Company such keys or alarm codes or anything else required for access to the premises together with written details thereof to be held by the Company for the proper performance of the Services. Such keys shall always be in possession of the Company or its employees and shall be used by the Company or its employees solely for the performance of the services. The Customer shall advise the Company of the rules and regulations which are then in force for the conduct of personnel at the premises where the Services are to be provided and shall make available appropriate personnel to liaise with the Company or its employees.
e) The Customer shall provide at no expense to the Company all necessary equipment and facilities to enable the company to carry out the services, such equipment Shall include, without limitation, adequate heating, lighting, power, toilet facilities, telephone (landline or mobile), shelter, facilities to warm/heat a meal, first aid and firefighting equipment in accordance with the Health and Safety at Work Act 1974 and the Health & Safety Regulations 1992.
f) The Customer shall from time to time notify the Company of the existence and location of all materials at the Customer’s premises which are defined as hazardous to health regulations 1994 or its successor for the time being and shall ensure that those parts of the Customer’s premises which the Companies employees may visit to carry out the services will constitute safe place of work. The Customer shall indemnify the company against all claims resulting from any failure by the Customer to comply with the obligations set out in clauses e and f.
g) All equipment, instruments, & guard dogs (if any) supplied by the Company shall remain the sole property of the Company.
h) The Company shall not be required to fulfil its duties and obligations under the contract if at any time the Company is prevented from fulfilling its duties and obligations by any act or omission of the Customer or the Customer’s personnel always provided that to avail
itself of this provision the Company must give written notice to the Customer of any such act or omission of the Customer within seventy- two hours of the Company’s receipt of knowledge of such act or omission.
3. PAYMENTS AND CHARGES
a) The price of the Services shall be the Company’s quoted price or, where no price has been quoted, the price listed in the Company’s published price list current at the date of acceptance of the order for the Services. The price is exclusive of any applicablee value added tax or any other taxes from time to time in force which the Customer will be additionally liable to pay the Company.
b) All charges for the Services shall be paid in full without any deductions to the Company monthly in arrears by the Customer and in all cases, settlement must be made by the Customer within 30-day of the company’s invoice and the time of payment of the price for the Services shall be of the essence of the Contract.
c) The Company reserves the right to make an increased charge if any equipment is purchased or hired by the Company to provide
the Services. Such charges are to be agreed by the customer before any increases are made.
d) If the Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
i) cancel the Contract or suspend the provision of the Services to the Customer.
ii) Charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above The Bank of England’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
e) Where the Company is required to provide the Services on a Bank or other Public Holiday, the Company shall in addition to the
Contract prices make an additional charge to reflect all additional costs incurred by the Company equivalent to double to normal rate
under the Contract.
f) In the event of legislation causing the wage content of our quotation / tender price to increase, we reserve the right to pass on any
such increase including upward adjustment of National Insurance Contributions as appropriate.
g) The price for the Services shall be subject to variation at the sole discretion of the company at any time.
a) The Customer shall be always responsible and at its own cost for the insurance against all risks of all the Customers’ property and goods on the premises where the Services are to be provided including all risks relating to those premises themselves, notwithstanding the provision of the Services by the Company.
b) The Company shall not be liable to the customer nor to any third party for loss of or damage to property or goods in which the Customer does not have a proprietary interest or in relation to which the Customer is nothing more than a gratuitous bailee.
c) Any liability of the Company shall be limited to claims of which the Company is notified in Writing and any claims of the Customer shall be limited to the replacement value of any goods of the Customer provided that if the Customer is Insured against any of the loss or damage alleged the Company shall not be required to make any payment to the Customer.
d) The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations under the Contract if the delay or failure was due to any cause beyondnd the Company’s reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control: act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or rrequisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority strikes, lock-outs (whether involving employees of the Company or a third party); adverse weather conditions, mechanical breakdown, obstruction of any public or private roads.
e) The Company shall not be liable for any loss or damage caused by the failure of the Customer to fulfil the security recommendations, which have been made to it in Writing by the Company in connection with the operation of the Services.
f) Insofar as the Company accepts that any loss or damage is caused by an act of theft committed by one or more employees of the Company, it shall, subject to the Customer having maintained insurance cover in respect of such acts of theft and having reported such acts of theft to the police within 48 hours of the Customer having discovered the same, indemnify the Customer against such loss or damage up to a maximum amount of £1,000 in any period of twelve months provided that the Customer has made a valid insurance claim in respect of such acts of theft and that the liability of the Company shall be reduced by the amount of any insurance payment received by the Customer.
5. CUSTOMER UNDERTAKING
a) The Customer Undertakes that it will not, during the term of the contract and within three months after the termination of the contract, either on its own account or for any other person directly or indirectly employ, solicit, interfere with or endeavor to entice away from the Company any person who to its knowledge is now or has during the three-month period preceding the termination of the contract been an employee of the Company.
b) If the Customer shall be in breach of clause 5(a) above in respect of any one servant or former servant of the Company then the Customer shall pay the Company the sum of £500 (five hundred pounds) liquidated damages and the Customer agrees that the said sum
of five hundred pounds (£500) is a reasonable estimate of the Company’s investment in the recruitment and training of such a servant.
c) The Customer shall notify the Company of any dishonest, wrongful, or negligent acts or omissions of the Company’s employees or agents in connection with the services as soon as possible after the client becomes aware of them.
Either party may terminate the contract by providing three month’s written notice to the other if.
a) The other party is in material breach of its obligations under the contract and in the case of such breach capable of being remedied, fails to remedy that breach within 28 days of receiving written notice of such breach.
b) If any payment due to the Company from the Customer shall remain unpaid for a period of four weeks after the same shall become due, the Company may give to the Customer seven days’ notice to terminate the Contract and unless such sum has been paid before the expiry of such notice, the contract shall upon such expiration terminate and the Company’s obligations under it shall cease without prejudice to the liability of the Customer in respect of such or any other breach of the contract.
c) The Company shall be entitled to terminate the Contract forthwith if:
i) The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being in individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or ii) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the customer, or
iii) The Customer ceases, or threatens to cease, to carry on business; or
iv) The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and
notifies the Customer accordingly.
The benefit of the contract may not be assigned by the Customer
8. MODIFICATION OF CONDITIONS
The Customer and the Company agree that all clauses and sub-clauses of these conditions are separate and severable and enforceable accordingly and whilst any restrictions or exclusions on the Company’s liability are considered by the Customer and the Company to be reasonable in all circumstances it is acknowledged that restrictions and exclusions of such a nature may be invalid because of changing circumstances or other unforeseen reasons and accordingly if any of the restrictions or exclusions shall be adjudged to be valid and effective if part of the wording thereof were deleted they shall apply with such modifications as may be necessary to make them valid and effective.
a) If any provision of the conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
b) The contract shall be governed by the laws of England.
Reg No: 12485040 VAT 345 3376 94