“Company” shall mean Southern Maintenance Solutions UK Limited
“Customer” shall mean the party to whom goods are sold or for whom work under this contract is performed.
“Goods” shall mean goods or services under a contract of sale or any materials or services supplied under a contract for work and materials.
In the event of any inconsistency between these conditions and the terms and/or conditions of the order placed by the Customer these conditions shall prevail unless otherwise agreed in writing by the Company. The Company supplies goods and services to the trade only and the Customer acknowledges and warrants that it is not “dealing as a consumer” within the meaning of the Unfair Contract Terms Act 1977.
A. QUOTATIONS AND PRICE
- Quotations are open for acceptance within 28 days only from the date thereof.
- Quotations are subject to the availability of goods and the Company shall have the right where necessary to substitute other goods of a similar or equivalent nature, subject only to the Customer’s rights under Clause 4 herein.
- Quotations are based on the cost to the Company at the time thereof. Whilst the Company will use every endeavour to keep thereto, quotations shall not constitute a fixed price unless expressly so stated and the Company shall have the right to alter the price under this contract to reflect any increase in the rates payable by the Company in respect of wages, materials, goods and transport, in the course of performance of the contract.
- Prices are quoted (except where stated) exclusive of VAT which shall be charged at the rate prevailing at the date of invoice.
- The Company shall also have the right to alter the contract price to provide for:-
(a) alterations in the Customer’s requirements;
(b) the Customer’s instructions or lack thereof;
(c) interruptions, delays, overtime, additional work or mistakes for which the Company is not responsible;
(d) variations in any purchases, sales, export and import or any other tax of duty imposed on the work or Goods under the contract or affecting the contract price.
- The giving by the Customer of any delivery instructions for the goods or any part thereof shall constitute unqualified acceptance by the Customer of these conditions.
- All specifications, colours, illustrations, drawings and diagrams in the Company’s catalogues, trade literature and other published matter are of a generally informative nature and approximate only and none of these form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of the Company.
- Where it is discovered by the Company that any quotation or estimate given by it contains an accidental error or omission then, notwithstanding the quotation given, the Company shall be entitled to invoice and receive payment from the Customer in accordance with the price ruling at the date of despatch.
- The price is fixed for the period of the contract. The Company reserves the right to increase the charge for services if the increase in the Retail Price Index (all items) exceeds 5% per annum during the life of the contract.
- The Customer shall pay the Company for its service set out as per the Service Contract at the price stated. Any work carried out in addition to the services stated, as requested by the Customer, will be payable by the Customer.
- Maintenance contracts: The quoted cost of a service/maintenance contract is based solely on the time it takes to carry out the scheduled visit and includes any material cost agreed. There is no cost value to the length of time agreed within the contract dates therefore no renumeration will be made if the contract date is terminated prior to its original agreed date if all service visits have been completed.
B. TERMS OF PAYMENT
The terms of payment (unless otherwise stated) are:
- Payment in full within 28 days from the date of invoice.
- If payment of the price or any part or installment thereof is not made on the due date the Company shall be entitled to:
(a) charge interest on the outstanding amount at the rate of 3 percent per month and any other costs incurred in relation to the recovery of any sums outstanding shall be charged to the Customer and
(b) suspend work.
- In the event of the Company agreeing to payment in stages or installments, such payments shall be made within the time or on the dates agreed whether or not demanded and upon any stage or installment becoming more than 28 days in arrears the whole balance of the contract price shall become due and payable forthwith.
- The Company shall be entitled to bring an action for the price whether or not the property in the goods has passed.
- All requests for works by any Customer or Individual will be deemed as being sanctioned by said Customer or Individual. Works will not be invoiced to third parties unless requested in writing and confirmed by third party at the time an order is placed.
C. RETENTION OF TITLE
- Notwithstanding delivery and passing of risk, title in the Goods shall not (unless otherwise agreed in writing by the Company in relation to specified Goods) pass to the Customer until whichever shall be the first to occur of the following:
(a) full payment for the Goods (including any interest) being received by the Company and no other amount then being outstanding from the Customer to the Company;
(b) the sale of the Goods by the Company in accordance with these conditions in which case title to the Goods shall pass to the Customer immediately prior to delivery of the Goods to the Customer.
- Until title to the Goods passes, the Customer will hold the Goods as fiduciary agent and bailee for the Company. The Goods shall, subject to paragraph 3, be kept separate and distinct from all other property of the Customer and of third parties and in good repair and condition and stored, identified and insured (at the Customer’s cost) as the Company’s property.
- Until payment:
(a) the Customer is licensed by the Company to use or to sell the Goods in the ordinary course of its business;
(b) the Company may at any time revoke this power of sale and use by notice to the Customer to take immediate effect;
(c) this power of sale and use shall automatically cease on the happening of any event, commencement of any proceedings (in any jurisdiction) or taking of any action (whether by the Customer or any other person or body) which calls into question the solvency of the Customer;
(d) upon determination of this power of sale and use, whether by notice or automatically, the Customer shall immediately place any of the Goods still in existence and unsold at the disposal of the Company who shall be entitled to enter upon any premises of the Customer to remove such Goods;
Where the Company has prepared plans and/or specifications (“Design”) for an installation in accordance with a design brief agreed with the Customer, the Company shall use its best endeavours to ensure that the design is appropriate and the Customer is satisfied that it is suitable. The Company will not accept liability for any loss arising from any error or inaccuracy.
All drawings specifications and literature prepared by or on behalf of the Company are the property of the Company and shall not be reproduced in any manner whatsoever without the prior written consent of the Company.
- If the Contract shall become impossible to perform or shall be otherwise frustrated the Customer shall be liable to pay to the Company all costs which the Company shall have incurred directly or indirectly and any payments which may have been made to the Company shall be applied towards the satisfaction of such sum.
- Cancellation of order will only be accepted with the consent of the Company and on terms which indemnify it against all loss. This may result in a cancellation charge being levied.
- All work and goods shall be immediately inspected by the customer on completion or delivery to ensure that they are in accordance with the contract and the Customer shall give notice in writing to the Company within 7 days after completion or delivery or, where he is able to show that the delay is beyond his control, within a reasonable time after completion or delivery if he claims to reject the work or goods.
- The Goods are at the Customer’s risk from physical delivery to the Customer. Goods and materials delivered to the Customer’s premises for use in connection with a contract for work shall be kept by the Customer in a safe and secure place and insured against loss or damage.
- Any date quoted for delivery or performance of work is an estimate only although every endeavour is made to adhere to it. The Company shall not be liable for any delay however caused.
- If the Customer fails to give all necessary instructions and documents for the goods to be forwarded or the Customer shall otherwise cause or request delay, the Customer shall pay, as part of the price, all storage and other relevant costs.
- Unless otherwise stated in writing the Company shall be entitled to make partial deliveries of the goods or deliveries of the goods by instalments and these conditions shall apply to each partial delivery.
I. DEFECTS AND LIABILITIES
- Any complaint as to alleged defects in any work or goods shall be notified in writing to the Company by the Customer within 7 days of completion or receipt thereof or within a reasonable time of such defects becoming reasonably discoverable and the Company undertakes to investigate such complaint and where the work or goods are found by the Company to be defective its liability therefore shall be in accordance with this clause or so far as is applicable with any other legal obligation.
- Notification in accordance with sub-clause (1) above shall be a condition precedent to the Company’s liability, if any, unless the Customer is able to show reasonable grounds for his failure so to notify and such liability shall, in any event be limited to the repair or replacement free of charge of any defective item(s) or where in the opinion of the company repair or replacement is impracticable to the refund of any sum paid or payable under this contract and attributable to the defective item(s) or the sum of £10,000.00 whichever is the lesser. Any item or part replaced by the Company shall become the property of the Company. Subject only to sub-clause (3) of this clause the Company shall not be liable under this sub-clause for any consequential loss or damage, including loss of profits, contracts or use, howsoever arising.
- The Company will indemnify the Customer against any personal injuries resulting from the negligence of the Company its servants or agents and against any direct damage to property insofar as such damage is caused by the negligence of the Company its servants or agents when on the Customer’s premises in pursuance of this contract.
- Subject only to sub-clause (3) of this clause the Company shall not be liable under this contract or otherwise where defects loss or damage arise due to improper use by the Customer or any third party or ordinary wear or force majeure. Where, in such circumstances, the Company agrees to remedy any defect, it may charge the Customer for the costs incurred.
J. LEGAL CONSTRUCTION
This contract shall be governed by English Law and shall be construed in all respects as an English contract.
K. HEALTH AND SAFETY AT WORK ETC ACT 1974
- The Customer shall, if the Company so requires, sign a written undertaking, in such form as the Company shall require, agreeing to take such steps as are communicated in writing by the Company to Customer and such other necessary steps to ensure, so far as it reasonably practicable, that the goods will be safe and without risks to health when properly used.
- The Customer shall disseminate, in such manner and to such people as the Company shall deem necessary, all information given to the Customer by the Company about the use for which the goods are designed and have been tested and about any conditions necessary to ensure that when put to that use the goods will be safe and without risks to health.
- The Customer shall keep the Company indemnified from and against all costs, claims, demands, expenses and all liabilities whatsoever which may be made against the Company or which the Company may sustain, pay or incur arising out of or in connection with any breach by the Customer or Condition K (2).
L. BREACH AND CUSTOMER INSOLVENCY
If the Customer shall default in or commit any breach of any of its obligations to the Company (whether or not such obligations are or are expressed to be conditions or other terms) or if any distress or execution shall be levied upon the Customer or if the Customer shall enter into any negotiations for arrangement or composition with its creditors or commit any act of bankruptcy or if any petition in bankruptcy shall be presented against him or her or if the Customer is a corporate body any resolution is proposed or petition presented to wind up the Customer or if a receiver of the Customer’s assets or undertaking or any part thereof shall be appointed or if the Customer shall be deemed to be unable to pay its debts the Company shall be entitled to determine forthwith any contract then subsisting without prejudice to any other clarification the Company might make or exercise.
Without prejudice to Condition 12, the Company guarantees that it will at its option, replace faulty goods supplied by the Company or repair the same or refund all or any part of the purchase price thereof, subject to the Customer being in strict compliance with the manufacturer’s instructions and the claim being made in writing to the Company within 12 months after the sale or such other period as may have been dictated by the Company, time to be of the essence. It is the responsibility of the Customer to register any equipment installed by The Company with the Manufacturer for warranty purposes. The Company’s obligations to refund, repair or replace the Goods is the sole liability of the Company as regards the quality fitness or description of the Goods and their correspondence with sample or specification. All other representations warranties conditions terms and statements express or implied are excluded. Responsibility for ensuring the Goods comply with the laws of any Country outside the UK rests with the Customer. The Company shall not be liable for any direct or indirect loss or damage to property or persons howsoever arising from the sale, use or installation of the goods or from any defect in the goods or for any work carried out otherwise than provided by the law. The Company’s liability shall be limited to the cost of the goods sold or of the work carried out. In no event shall any failure of any kind on the part of the Company give rise to any liability for loss of revenue or any consequential loss or damage arising from any reason whatsoever.
The parties will attempt in good faith to resolve any dispute or claim relating to this contract failing which they will attempt to resolve the dispute through an alternative dispute resolution procedure as recommended by the Centre for Dispute Resolution. If the parties fail to resolve the dispute after 3 months then the dispute will be referred to arbitration to be carried out by a single arbitrator agreed by the parties or recommended by the President of the Chartered Institute of Arbitrators according to the provisions of the Arbitration Act 1996 and the decision of the arbitrator shall be final and binding on the parties.
O. THIRD PARTY RIGHTS
The Company and the Customer agree that these terms and conditions shall not be deemed to grant rights to any person who is not a party to this Contract. Applicable to Service Contracts only:-
- The equipment the subject of the Service Contract will at all times be operated only in accordance with the manufacturer’s instructions. Such equipment will be serviced and maintained only by the Company or its agents.
- Any defects or faults in the equipment must be notified to the Company as soon as the Customer becomes aware of such defects or faults.
- Cover is provided under the Service Contract, between 9:00am and 5.00pm, Monday to Friday, excluding Public Holidays, unless otherwise agreed in writing by the Company.
If installation services are purchased from the Company the following conditions will apply:
- The Company will supervise the installation of the equipment at the site in accordance with the Design.
- The Company reserves the right, at its absolute discretion, to use sub-contractors to perform any part of the installation as it deems appropriate.
- The Company will not be responsible for any delays in the installation of the equipment which are outside the control of the Company, however caused. In the event of such delays the Customer
shall be liable for any costs arising from the delay and shall pay to the Company such costs by the completion.
- All variations and changes to the Design and any extras shall be agreed in writing in advance between the Company and the Customer and shall be charged by the Company as extras to the price.
- On completion of the installation to the reasonable satisfaction of the Customer the parties shall each certify in writing that the equipment has been installed and commissioned.
The Company shall not be liable for:-
- Loss, destruction or damage
(a) due to any wilful act or neglect
(b) due to disregard or manufacturer’s instructions
(c) arising from gradual deterioration, rust or corrosion
(d) caused by dismantling, transit or re-installation
(e) due to accident or other external causes including but not limited to fire, flood, lightning, theft, explosion and water damage
(f) due to the application of an incorrect or abnormal electrical supply, defects in external wiring or in the electrical connection not forming part of the Goods (g) to appliance accessories
(h) due to non-payment of any account for power supply
(i) due to internal corrosion of water systems and lack of water treatment protection
(j) due to R22 refrigerant gas replacement
(k) due to the failure of the Customer to notify any faults during the period of the service contract.
- The cost of:-
(a) cleaning or unblocking of any part or parts of the Goods including but not limited to anodes
(b) any failure, loss or damage arising from exclusions in clause R (1)
(c) materials and labour charges for which the manufacturer, supplier, repairer or any other person may be held responsible under the terms of any express guarantee or warranty
(d) repair or replacement parts necessitated by manufacturer’s defects which involve recall, replacement or repair by the manufacturer
(e) repairs to interior and exterior paintwork due to but not limited to corrosion, scratching, denting or the direct application of a tool
(f) replacement of or adjustment to light bulbs, light covers, hinges, lids, doors, liners, seals, locks, handles, knobs, buttons, plastic or metal trim badges or any other insignia or attachments external to the Goods
(g) any claim or claims occurring within three consecutive months of an earlier submitted claim relating to the same Goods where the cause of the subsequent claim or claims is common to each of the occurrences
(h) consequential loss including loss of stock is excluded and any cost resulting from maintenance or servicing.
The Contract may be terminated by either party giving not less than three months written notice to expire on the contract anniversary date.
U. ISO 9001 AND ISO 14001 CERTIFICATION COMPLIANCE OF SUPPLIERS PRODUCTS, SERVICES AND SUPPORTING RECORDS
Processes, products and services to be provided shall be compliant with the requirements defined below.
The approval, verification, validation of products, services etc., shall be proportionate to the product / service provided and may include any of the following, as applicable: Visual check, functional verification, inspection and test, checking and retention of certificates, copies of competency records, including the qualifications of Engineers and other personnel, other methods as appropriate to the product or service supplied. Equipment used for the foregoing shall be dependent on the product / service being provided.
The Company expects any suppliers of products, materials services etc., to be competent and qualified in the activity that they are engaged for and, where deemed appropriate to the product and/or service provided shall require and request evidence of the competence and qualifications of the supplier’s operatives (Engineers etc.), providing the product and/or service. This shall be required prior to commencement of work.
The interaction with the supplier and their representatives shall be via email, telephone and other means as specifically agreed in relation to the product / service being provided.
Control and monitoring of the product / service provided shall, as far as is practicable, dependent on the specialisations required, be via inspection of the product / service by the Companies personnel who have the required competences to perform the verifications or, where necessary will be subcontracted to a third party.
Where the company, or our customer, requires to perform verification and or validation of the product, service or stages thereof at the supplier’s premises this shall be by prior arrangement with the supplier.
The release of the product / service shall be via signoff by an appropriately competent member of the companies staff.
It is expected that all external providers comply with Modern Slavery Act 2015 & Human Rights Act 1998 and notify the company if they are in breach of this at any time.
Southern Maintenance Solutions UK Ltd specialise in the provision of heating and air conditioning building services comprising installation and maintenance of air conditioning, heating and boiler plant systems including the associated electrical controls and coded welding.
We are committed to the protection of the environment, including prevention of damage and adverse environmental impacts and influences. In provision of the foregoing services, inasmuch we undertake to provide our customers with products and services, and conduct our business in, an environmentally sensitive and responsible manner.
Further to the above, the Company recognises the environmental issues associated with our activities relating to waste, water and energy management. We aim to implement all reasonably practicable measures to prevent pollution to the environment and comply with all current environmental regulations, legislation and approved codes of practice.
Statement of Aims
We will work to ensure that in all areas of our work, including transport, use of chemicals and substances, practice of recycling, purchasing and waste disposal, we adopt the best practicable current environmental policy.
The Following provides a framework for setting environmental objectives and ensuring continual improvement to enhance our environmental performance.
Fuel consumption is one of our greatest environmental impacts. All of our vehicles currently have diesel engines. Future vehicle purchases will be made on the basis of best environmental technology where reasonably practicable.
2. Use of chemicals
We make little use of chemicals during the undertaking of our business. Where chemicals are required, we plan to use those chemicals that have limited environmental impact where practical to do so.
Our policy is to minimise the use of finite resources. However, some use of finite resources is inevitable and we work to recycle waste products from these uses wherever possible. Examples include toner cartridges, plastics, woods, steel, paper, cardboard and glass.
4. Energy management
Our aim is to keep our energy use at a continually low level and to invest in energy saving technology wherever possible. Our property is lit with energy saving bulbs and include roof insulation and energy consumption will be reviewed on a regular basis.
5. Operations management
The Company is committed to In our day to day work we aim to minimise our impact upon the environment by keeping close control over the volume of materials consumed (e.g. office paper, fuel).
We aim to reduce the environmental impact of our business through relevant training for all our employees and sub- contractors.
The Directors have direct responsibility for the implementation of this policy and its effective implementation and we are committed to fulfilling compliance obligations.
This policy explains how you can support Southern Maintenance Solutions UK Ltd UK Limited to uphold their stance of zero tolerance to modern slavery.
What is modern slavery?
Modern slavery is an abuse of the human rights of often vulnerable workers. It is an umbrella term that covers situations where the individual isn’t able to exercise their right to work freely and be paid fairly. Workers may be trafficked from their home country with a promise of a job that fails to materialise or they may be forced to work without pay so that they can ‘pay back’ those who brought them to the UK. Modern slavery also includes child and sexual exploitation and domestic servitude.
Accurate statistics are difficult to calculate as by its nature, this is often a hidden crime. World- wide figures are estimated at some 30 million victims with the UK recording significant year on year increases in cases coming to light.
The Home Office has produced a seven minute video which gives an insight into modern slavery: www.youtube.com/watch?v=Jv1H_fAoOG4
The Universal Declaration of Human Rights 1948 states that “No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited”. The UDHR also specifies that “No one shall be held in servitude” and that “No one shall be required to perform forced or compulsory labour”.
The UK Parliament enshrines protection for victims and the penalties for those convicted of abuse in the Modern Slavery Act 2015. The legislation also places responsibilities on organisations to take action to prevent modern slavery in their business or supply chains and requires larger Companies to report annually on the steps they have taken to achieve this.
Further details are available at: www.gov.uk/government/collections/modern-slavery-bill
Southern Maintenance Solutions UK Ltd UK Limited meets its obligations under the legislation through publication of a policy statement setting out the steps we take to prevent modern slavery and related abuses. Such steps include:
- ✓ Assessing and reducing the risk in the business of modern slavery practices occurring e.g. checking the authenticity of papers proving a right to work in the UK
- ✓ Having robust procurement policies that ensure our supply chain is scrutinised for compliance and consequences of non-compliance are clear and actioned i.e. that commercial relationships with suppliers, contractors and other business partners will not be entered into (or terminated if existing)
- ✓ Providing information to staff on the warning signs that might indicate that modern slavery is taking place
- ✓ Promoting to staff, through policies such as this, the importance of raising immediately any concerns they may have
- ✓ Protecting staff who are ‘whistle blowers’ in respect of concerns they have about modern slavery
This policy covers all staff, workers, contractors and associates. The Board of Directors are responsible for monitoring, reviewing and updating the policy to ensure continued compliance.
Who is at risk?
Statistics from the National Crime Agency show that 80% of forced labour victims are male with Slovakia, Hungary, Lithuania, Poland and Romania being frequent countries of origin.
Have you encountered any of these indicators of a potential victim?
- Evidence of false or forged identity papers?
- Talk of people having to hand over their wages or pay fees to a potential gangmaster?
- Groups of workers dropped off or picked up together and taken to the same property
out of hours?
- Somebody looking as if they haven’t had ready access to food, clean clothes or
- Fear of authorities such as the police and immigration officials?
- A frightened or withdrawn demeanour with a reluctance to speak for themselves?
Raise a concern
You should not hesitate to raise any concerns that you have about modern slavery with an appropriate person. This could be your line manager or your HR Manager.
If you think you have encountered a victim of modern slavery or have information to pass on you should call the police on 101 and seek further advice from the Modern Slavery helpline on 0800 0121 700.
Find out more
Further information, video clips and additional resources are available at: https://modernslavery.co.uk
Southern Maintenance Solutions (UK) Ltd respects your privacy and is committed to protecting your personal information. This notice will inform you how we look after your personal information and tell you about your privacy rights and how the law protects you.
Please click on the links below to take you straight to the relevant information.
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and processes your personal information, including any information you may provide to us during the course of our relationship with you, when you register as a client, when you visit this website and when you use the contact form.
It is important that you read this notice so that you are fully aware of how and why we are using your information.
Southern Maintenance Solutions (UK) Ltd (referred to as we, us or our in this notice) is the controller and responsible for your personal information.
If you have any questions about this notice, including any requests to exercise your legal rights, please contact us:
Legal entity: Southern Maintenance Solutions (UK) Ltd
Email address: firstname.lastname@example.org
Postal address: Units 57-58, Youngs Industrial Estate, Paices Hill, Aldermaston, Berkshire RG7 4PW
Telephone number: 01635 33363
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Changes to your information
The information we collect about you
Personal information means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal information about you which we have grouped together follows:
- Identity Information includes first name(s), last name, username or similar identifier, and gender.
- Contact Information includes invoice address, correspondence address, email address and
- Financial Information includes bank account and payment details.
- Transaction Information includes details about payments to and from you and other details of the services we have provided to you.
- Technical Information includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Marketing and Communications Information includes your preferences in receiving marketing information from us and your communication preferences.
If you fail to provide personal information
Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a contract you have with us, but we will notify you if this is the case at the time.
How is your personal information collected?
We use different methods to collect information from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Information by filling in forms (either paper forms or electronically) or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
- make an enquiry about our services;
- ask us to provide services;
- subscribe to our information emails or publications;
- request marketing to be sent to you; or
- give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies.
- Third parties or publicly available sources. We may obtain personal information about you from various third parties and public sources as set out below:
- Technical Information from the following parties:
(a) analytics providers;
(b) search information providers.
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where you have made an enquiry about our services;
- Where we need to perform the contract we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
Set out below is a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|Purpose/Activity||Type of Information||Lawful basis for processing including basis of legitimate interest|
|To respond to an enquiry about our services you have made, whether by telephone, letter, email or via our website.||(a) Identity;
and (b) Contact.
|Necessary for our legitimate interests (to develop the services we offer and grow our business).|
|To register you as a new client.||(a) Identity;
and (b) Contact.
|Performance of a contract with you.|
|To deliver services to you, including:
(a) Managing payments, fees and charges; and
(b) Collecting and recovering money owed to us.
and (e) Marketing.
|(a) Performance of a contract with you; and
(b) Necessary for our legitimate interests (to recover debts due to us).
|To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).||(a) Identity;
and (c) Technical.
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud); and
(b) Necessary to comply with a legal obligation.
|To use data analytics to improve our website.||Technical.||Necessary for our legitimate interests (to keep our website updated and relevant and to develop our business).|
|To make suggestions and recommendations to you about services that may be of interest to you.||(a) Identity;
and (d) Profile.
|Necessary for our legitimate interests (to develop our legal services and grow our business).|
Reminders and Marketing
You will marketing communications from us if you have requested information from us or purchased services from us, but only where you have consented to receiving these communications.
We will not share your personal information with any company for marketing purposes.
You can ask us to stop sending you marketing communications at any time by sending an email to email@example.com.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to remember your preferences.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
Disclosures of your personal information
We may have to share your personal information with the parties set out below for the purposes set out in the table above.
- Service providers acting as processors based in the UK who provide IT and accounts support services.
- Professional advisers acting as processors or joint controllers including solicitors, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of our processing activities in certain circumstances.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
Most of our service providers (such as the providers of our IT and accounts support functions) are based inside the European Economic Area (EEA), so their processing of your personal information will not involve a transfer of information outside the EEA.
However, some of our service providers may move their servers outside the EEA, so their processing of your personal information may involve a transfer of information outside the EEA.
Whenever we transfer your personal information out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission; or
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe; or
- Where we use providers based in the US, we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between the Europe and the US.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Information) for six years after they cease being a client for regulatory and tax purposes.
Your legal rights
You have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following situations: (a) if you want us to establish accuracy of the information; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please send an email to firstname.lastname@example.org. No fee
You will not have to pay a fee to access your personal information or to exercise any of your other rights.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.