Term & Conditions 

1. Application

1.1 These terms and conditions apply to all services provided by Safetying Ltd. (Safetying) and form an agreement between Safetying and the Client in relation to the provision of services to the Client.

1.2 Safetying provides services to Clients, and these terms and conditions prevail over any Client's terms.

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2. Definitions and Interpretation

2.1 In this Agreement, unless the context otherwise requires, the following words have these meanings:

• Agreement means the formal acceptance in writing from the Client, or their authorised representative, for Safetying to provide services to the Client incorporating these Terms and the Proposal.

• Client means the organisation / person for which the Services are rendered.

• Deliverable(s) means Documents, products, materials, work, specifications, and solutions developed for Client by Safetying in the provision of the Services and which may be more particularly set out in the Proposal.

• Documents includes in addition to any document in writing, any drawing, map, plan, schematic, diagram, design, picture, or other image, however recorded and preserved embodying information in any form.

• Fee means the fee for the services specified in the Proposal or otherwise agreed between the parties.

• Proposal means the proposal describing the services to be delivered to the Client together with any risks, issues, assumptions, and dependencies and outlining the timescales, fees and Deliverable(s).

• Safetying Materials means all Documents, information and materials created and/or provided by Safetying relating to the Services and/or Deliverables.

• Services means the services to be provided to the Client by Safetying as more particularly set out in the Proposal (and as modified by agreement of the parties from time to time).

• Third Party Material means material in any form, the intellectual property rights subsisting in which are owned by a third party.

2.2 A reference to a ‘Party’ is to Safetying or the Client (as the case may be) and a reference to ‘the Parties’ is to Safetying and the Client.

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3. Services and Appointment

3.1 Safetying are appointed on a non-exclusive basis and nothing in the Agreement shall prevent Safetying from contracting or dealing with any other clients in relation to the Services or similar services.

3.2. Safetying will make reasonable efforts to deliver the deliverables to the client on agreed dates.

3.3 The Client and Safetying shall provide each other with clear and accurate information and co-operate in relation to the provision of the Services.

3.4 The Client must obtain all necessary consents, permissions, and approvals, before the date on which the Services are to start, if any are required for the carrying out of the Services, other than those held by Safetying for the conduct of its business.

3.5 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of this Clause 3 shall not be the responsibility or fault of Safetying.

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4. Payment

4.1 Safetying charges a fixed fee by provision of a quote and proposal for their services, with any additional work being agreed upon in writing.

4.2 Any additional expenses that may be incurred will be estimated as reasonably as is possible. The Client is responsible for reimbursing expenses agreed at time of quote.

4.3 All payments must be made within 14 days of receiving the invoice. Failure to pay on time may result in interest charges.

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5. Confidential Information

5.1 This agreement outlines the definition of "Confidential Information" as any information related to the business, customers, clients, or suppliers of either party.

5.2 Both Safetying and the Client are required to take reasonable measures to safeguard this information. Upon termination of the agreement, all Confidential Information must be returned or destroyed.

5.3 Exceptions to this include information in the public domain, independently developed information, and disclosures required by law or regulatory authorities.

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6. Intellectual Property

6.1 The Client acknowledges that Safetying retains title and intellectual property rights to existing Safetying Materials.

6.2 The Client is granted the right to use the Materials for the purpose of utilizing the Services, subject to payment in full and written consent from Safetying.

6.3 Unauthorised recording, copying, or transmission of content is strictly prohibited.

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7. Limitation of liability

7.1 The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

7.2 Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following: (1) death or personal injury caused by negligence; (2) fraud or fraudulent misrepresentation; or (3) any other losses which cannot be excluded or limited by applicable law.

7.3 Subject to clause 7.2, Safetying will not be liable either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, loss of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated), harm to reputation or loss of goodwill nor for any indirect or consequential loss or damage arising from this Agreement (even if Safetying has been advised of the possibility of such damages) for which the Client pays, suffers or is liable.

7.4 Subject to clause 7.2, The liability of Safetying for all claims in aggregate for any loss suffered by the Client (except for those losses with unlimited liability under clause 7.2) for any cause of action will be limited to the extent permitted by law to the Fee paid to Safetying under the Agreement.

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8. Term and termination

8.1 This Agreement will terminate automatically in accordance with the term specified in the Proposal (unless the parties agree in writing to extend the term) or following conclusion of the Services unless this Agreement is terminated in accordance with clause 8.2.

8.2 Either party may terminate this Agreement at any time with immediate effect by giving notice in writing to the other party.

8.3 On termination, the Client must pay Safetying for all Services rendered and expenses incurred up to the date of termination.

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9. Cancellation & Amendments

9.1 Safetying may cancel or suspend Services due to delays or events beyond their control.

9.2 If the Client requests any details of the Services to be amended, Safetying will use reasonable endeavours to provide a quote for these amendments which must be agreed by the Client in writing before changes or additional services are rendered.

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10. Data Protection

10.1 Each party in the agreement must comply with the Data Protection Act and ensure the proper handling of personal data.

10.2 The client is considered the controller and Safetying is the processor for processing protected data.

10.3 The client is responsible for complying with all data protection laws and providing necessary consents.

10.4 The client will indemnify Safetying for any breaches of data protection obligations.

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11. Subcontracting

Safetying does not subcontract any of its services but may from time to time recommend the services of other safety specialists who will be engaged by and work at the Clients own discretion.

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12. Assignment

A party may not assign or otherwise deal with their rights under this Agreement without the prior written consent of the other party.

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13. General

This agreement is the complete and final agreement between the parties, superseding all prior agreements. It cannot be modified after written acceptance. Failure to assert rights does not waive enforcement. Invalid provisions will be modified or deleted without affecting the rest of the Agreement.