JJH Safety Services Ltd Terms and conditions

Parties

These Terms & Conditions shall be binding on any person or company, partnership or business purchasing goods or services from, or arranging bookings with, JJH Safety Services Ltd. on any of its websites (called hereafter " the Customer".

Definitions

You, your or customer

The customer and includes the individual, firm or company described in this agreement

We, us and ourReferences to JJH Safety Services

Attendees. Those persons notified by the Customer to JJH Safety Services who will attend the location to receive the services

Cancellation charges.The cancellation charge to be paid by the Customer to JJH Safety Services

Course date. The date agreed between JJH Safety Services and the Customer

Confidential informationAll information in respect of the business of JJH Safety Services Ltd including any information marked confidential or which are, by their nature, clearly confidential and any other information which if disclosed could cause harm to JJH Safety Services Ltd.

Agreement. The agreement between JJH Safety Services Ltd and the Customer

Location. The place at which the services will be provided and detailed on the booking form payments

The amounts to be paid by the Customer to JJH Safety Services Ltd

Services The services provided by JJH Safety Services Ltd to the Customer, including training and consultancy

Working days. Monday to Friday inclusive with exception of Saturday, Sunday and public holidays in England and Wales

Booking form.Online or paper application form filled out by the Customer, or by us with Customer approval to receive our services

Interpretation

Words importing one gender include all other genders, words importing the singular include the plural and vice versa and any reference to a person includes a reference to a company, authority, board, department or other body.

A reference to any statute, enactment, order, regulation or other similar instrument as amended from time to time.

Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of any of the terms and conditions herein.

Applicability

These terms and conditions apply only to persons who have agreed to use our services.

Entire Agreement

This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by JJH Safety Services Ltd. (collectively, "the Agreement"), constitutes the entire agreement between JJH Safety Services Ltd. and the Customer, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

Effective Date and Validity

These Terms & Conditions are effective from 1st of October 2018 until further notice.

If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. These Terms & Conditions can only be varied in writing signed by a director or senior manager.

In the event of one or more of these Terms & Conditions or any part thereof being invalid, illegal or unenforceable in any respect, such term shall be deemed to be severed from the Terms & Conditions and the validity, legality or enforceability of the remaining Terms & Conditions shall not be affected or impaired.

Limitation of Liability

JJH Safety Services Ltd does not exclude its liability (if any) to the Customer for a breach of the its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from the its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation.

Total liability of JJH Safety Services Ltd to the Customer for any reason and upon any cause of action shall be limited to the amount of any payments and other charges which the Customer has paid to JJH Safety Services Ltd under this Agreement.

JJH Safety Services Ltd will be under no liability whatsoever for any:

• loss of profit (direct or indirect);
• loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
• loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
• loss of data (direct or indirect);
• loss of anticipated saving or loss of margin (in each case whether direct or indirect);
• liability of you to third parties (whether direct or indirect); or
• indirect, special or consequential loss.

We make no representations or warranties whatsoever as to the accuracy of the information contained on any of our websites.

Use of our services, or engaging us by telephone or text, is on the basis that you will not bring any complaint, claim, action or proceeding.  Or claim any compensation, loss or damage, or take any other step or action involving the need for time input on our behalf or any of our staff, in respect of matters outside our control including all steps taken by third parties in processing, transmitting, dealing with or issuing CSCS Cards or Health, Safety and Environment Test Certificates or any other product or service we provide, as well as errors or omissions of any kind made by you, or any person on your behalf.

Price Policy

A price remains valid only for the duration of the day of your visit to JJH Safety Services Ltd. or website, or the day on which you telephone our call centre. Our prices for revision materials include postage, packing and handling charges.

Payment Policy

JJH Safety Services Ltd. accepts payment by credit/debit cards, bank transfers (BACS). We require payment in full prior to the commencement of training courses

Missing Information & Communication

You cannot claim a refund or cancel a service or product which we were unable to provide because you failed to provide the necessary information, and there was no communication from you for 3 months from the date of placing your order with us.

Forfeiture

Where a Customer, (or another person on the Customer’s behalf), has paid for goods and services including, without prejudice to the generality of the foregoing, training, tests, scheme cards, revision booklets and/or revision CD’s, payment shall be forfeited in full if the Customer, (or another person on the Customer’s behalf), shall not be entitled to any refund of payment made if;

It has not been possible for us to contact the Customer or a contact person nominated or appointed by the Customer within a period of 3 months from the date of payment; and/or

We endeavour to contact the Customer by sending 3 or more emails or other recorded messages to the Customer or a contact person nominated or appointed by the Customer, and the Customer or a contact person nominated or appointed by the Customer fails to respond to us within 14 days of the last email or other recorded message left by us; and/or

• The Customer or a contact person nominated or appointed by the Customer fails to inform us of any change of the Customer’s or the contact person’s postal address, email address or phone number and we are unable to contact the Customer or contact person as a result
• In the event of forfeiture as stated above, the Customer agrees that any payment shall be forfeited or lost, and the Customer shall not be entitled to any repayment, refund or credit and we shall be entitled to retain the payment in full.
• The Customer agrees and consents as follows: where a contact person has been nominated or appointed by the Customer, we shall be entitled to contact that person, using contact details provided, in respect of all matters we would otherwise contact the Customer in respect of (including without prejudice to the generality of the foregoing all orders), purchases, confirmations, enquiries, products, services and test bookings and we shall be entitled to rely on any decision order instructions mandate by that person as if that person was the Customer.

Subject to Availability

Certain services (eg Health, Safety & Environment Test booking, training, courses) are provided on a 'subject to availability' basis. Although we check availability frequently, there are certain components of the service which we are unable to offer an instant confirmation.

We will, however, issue you with a confirmation email and/or a customer support advisor will contact you within 48 working hours from the time that the service was requested. If the service is unavailable for the date requested, we will inform you about the nearest date and time that is available.

Trade Mark and Legal Statement

JJH Safety Services Ltd. does not issue the Health, Safety & Environment Test Certificates or CSCS cards. We provide a booking service by making bookings on your behalf to the issuing authorities and bodies and charge a fee for our service.

If you require any further information on the CSCS Scheme click here. The CSCS and Construction Skills Certification Scheme are the trademarks of Construction Skills Certification Scheme Ltd.

Use of Name and Design and Materials

You are not allowed to display our logo, design or trading name unless agreed by us in writing.

Data Protection and Privacy

We protect your data and we value your privacy. Please check the Privacy Policy for details on this.

VAT

All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.

Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums and shall become payable by the Customer at the same time as the payments.

VAT will be charged on all our products and services.

Intellectual Property Rights

All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by JJH Safety Services Ltd will remain the property of JJH Safety Services Ltd and may not be reproduced without permission.

Customers will and shall procure that Attendees will keep confidential any and all confidential information that it may acquire and shall not use any confidential information for any purpose other than the purpose intended by its disclosure by JJH Safety Services Ltd and as notified to the Customer and/or the Attendee by JJH Safety Services Ltd on disclosure.

The obligations set out above will not apply to any information which is publicly available or becomes publicly available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed.

No announcement, press release, circular, marketing or other promotion in connection with JJH Safety Services Ltd shall be made by or on behalf of the Customer without JJH Safety Services Ltd.’s written consent except if and to the extent required by law or by any governmental or regulatory authority.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.

For the purpose of this agreement, "Force Majeure" means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.

General Terms and Conditions

These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.

We reserve the right to revise JJH Safety Services Ltd. Terms & Conditions at any time. New Terms & Conditions will apply only to sales and contracts after the new rules come into effect. The Terms & Conditions on our website at the time you placed your order will be the Terms & Conditions which apply to you.

Ways of Contact:

JJH Safety Services Ltd, postal address;

JJH Safety Services Ltd

272 Browns Lane

Coventry

CV5 9EE

Phone Lines;

Main Line: +44 (0) 2477 042454

Course Booking

The Customer agrees to engage JJH Safety Services Ltd. ("JJH Safety Services Ltd") to provide training services on the Terms & Conditions set out in this agreement. By submitting a booking form, the Customer agrees to be bound by these Terms & Conditions.

Appointment

Provisional booking of the Course bookings are not provided. Your space on the course may be confirmed only after the full payment is received.

The Customer appoints JJH Safety Services Ltd to provide the Services in return for the payments.

JJH Safety Services Ltd. will accept no responsibility if you arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance.

ID Requirements;

You are required to bring to the Test Centre, one form of identification listed below, containing a photograph and signature;

• A current (not expired), original signed passport
• A current (not expired), original signed UK Photo Driving Licence

If you do not have one of these you will need two items of ID, one from List A and one from List B below:

List A

• Non UK Driving Licence
• Work ID Card
• EU Country ID Card
• CITB-ConstructionSkills Scheme Card
• Citizen Card
• British Armed Forces Card
• Student ID Card
• Trade Union Card
• Proof of Age Card
• Young Scots Card

List B

• Credit Card
• Debit Card
• Paper Driving Licence
• National Insurance Card
• B79 Notification of Discharge Letter
• Bank Statement (must include surname and home address and must not be older than 3 months, the address on the statement must match the booking address)
• Building Society Passbook (address must match the booking address)
• Cheque Guarantee Card
• UK Travel Document
• Inland Revenue Card

If you do not have any of the primary IDs or cannot match IDs from list A and B, you will be sent a Waiver Form which needs to be filled in strictly following the guidelines on the waiver form.

You must bring the correct completed Waiver Form to the test (no photocopies accepted). You also need two additional forms of ID to support the waiver form;

• Recent utility bill (less than 3 months old)
• Bank statement (less than 3 months old)
• Credit/Debit card
• Building Society Passbook
• National Insurance card/addressed payslip or official HMRC letter including NI number
• Inland Revenue Card
• Valid CITB scheme card such as a CSCS
• Valid HM forces military ID card
• Paper driving licence
• EU country ID card
• Student ID card (with candidate photograph, initial and surname, year and institution of study)
• B79 Prisoners Notification of Discharge letter
• Young Scots card

JJH Safety Services Ltd does not take responsibly if the waiver form has been filled incorrectly and the access to the test has been denied by a test centre employee.

JJH Safety Services Ltd does not take responsibility if the Waiver Form is not supported by the additional forms of ID's as per list.

Photocopies of ID will not be accepted.

Training Obligations

Subject to the Customer's compliance with these standard Terms & Conditions, JJH Safety Services Ltd shall;

oUse reasonable endeavours to provide the Services at the location on the course date and shall provide the Customer and the attendees with reasonable access to the location for the purpose of booking or attending a course.

oExercise reasonable skill, care and diligence in providing the Services.

oDeliver all Services provided in English.

oBe permitted to assign or subcontract the whole or any part of the Services without the consent of the Customer.

Customer Obligations

The Customer shall;

• Ensure that the agreed attendees attend at the location on the course date to receive the Services.
• Ensure that the attendees are sufficiently competent to receive the Services.
• Comply with and shall ensure that when at the location, all attendees comply with all reasonable instructions of JJH Safety Services Ltd and all applicable laws and policies (as may be notified to the Customer or the attendees from time to time by JJH Safety Services Ltd).
• Withdraw any attendee from attendance at the location upon the reasonable request of JJH Safety Services Ltd.
• Pay the payments on the due dates for payment.
• Pay any applicable cancellation charges.

Payment Terms

All Customers must pay in full prior to the course date.

Once the booking has been confirmed you will be legally bound to pay our fee.

Rescheduling

If you wish to reschedule a course you need to give us at least 31 days notice. Failure to do this and not attending the course will result in forfeiting the course fee.

JJH Safety Services Ltd reserves the right to cancel or alter the course dates or the provision of Services or the location and the individual or the organisation providing the Service or make reasonable variations to the courses without prior notice. In event of cancellation by JJH Safety Services Ltd, the booking will normally be transferred to the next available Course unless the Customer specifically requests otherwise.

Where the Customer cancels any Services or the attendees fail to attend at the location on the course date to receive the Services the following charges will be paid by the Customer to JJH Safety Services Ltd:

Cancellation and non-attendance:

If you wish to cancel the course you need to inform us by phone, post as soon as possible.

The following charges will apply if the Customer cancel their booking/s:

100% for cancellation made within 31 days of the course date;

Full refund for all transfers made 31 days or greater before the course date.

If you have submitted a request for the course to be rescheduled and your request was fulfilled, you will not be able to cancel the course afterwards and will not be able to claim the course fee back. You will still be able to reschedule it again for another date if you inform us in advance (please refer to our course rescheduling policy)The following charges will apply if the Customer transfers their booking/s to a later date save that the Customer shall not be required to pay a transfer fee if the transfer is due to cancellation or variation by JJH Safety Services Ltd:

100% for transfers made within 31 days of the course date;

Free of charge for all transfers made 31 days or greater before the course date.

The transfer option only relates to attendees who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation). The option to transfer can only be used once for each Attendee, after which any transfer will be considered a cancellation.

The Customer may transfer a place on a course for one attendee to a substitute Attendee free of charge.

The Customer may cancel the Services by telephone, but such cancellation must be confirmed immediately in writing (by e-mail or post) to the postal or email address notified by JJH Safety Services Ltd.