Inspired Ergonomics

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TERMS AND CONDITIONS

 
Thank you for using Inspired Ergonomics Ltd.   Please find our terms and conditions below
When providing all of our services, we request that attendees are on time, that they are respectful and attentive.  All of our services put individual needs front and centre, and everyone is treated equally and with utmost respect.  For this reason we love constructive interactivity, but we maintain the right to terminate the session for any inappropriate behaviour from the employee being assessed or their colleagues.
 
PROVISION OF SERVICES
1.     Cancellation period
We kindly request as much notice as possible if appointments need to be rearranged or cancelled.
Face to Face Assessments and onsite visits:
We require at least 48 hours’ notice if an arranged appointment needs to be cancelled.   If we receive a cancellation notice period of less than 48 hours, we will need to charge Inspired Ergonomics full rates, as agreed at the time of booking our service.  If the recipient is late, extra time charges may apply
For a full day’s booking we require 4 days notice.
Remote assessments and online consultation services and workshops:
We require at least 48 hours’ notice if an arranged appointment needs to be cancelled.   If we receive a cancellation notice period of less than 48 hours, we will need to charge Inspired Ergonomics full rates, as agreed at the time of booking our service, unless there are exceptional circumstances.   If the recipient is late, extra time charges may apply
 
2.     Provision of our services
Face to Face assessments
We request that the recipient is available at the allotted appointment time..  Assessments will be conducted at the workstation, however, for more complex issues, we may request an initial meeting room space for privacy issues around sensitive information, before then conducting the rest of the assessment at their allocated desk. If, during the assessment, it becomes clear that the issues are more complex and require a longer period of time than the booking has allowed, an increased charge may apply. We will discuss protocol with you beforehand.
We require full compliance in order to provide professional advice.  We are only able to advise on information that we are provided with from the participant.  We will seek permission from the participant when reporting on any sensitive medical or personal information and only essential information will be submitted to the employer.
A written report will be provided within a few days of the assessment taking place
Walkthroughs and Workshops on site and online
We request that attendees respect our instructions provided at the beginning of the workshops and are respectful and attentive whilst attending the session.  We appreciate constructive interactivity.  We maintain the right to terminate the session for any inappropriate behaviour.
Remote workstation assessments
These will be carried out via zoom, if for any reason this platform is not suitable please let us know prior to the appointment.  We request two photographs are submitted beforehand.   If, for any reason, a person does not wish to appear on zoom for the assessment or prefers for it to be conducted via a phone call, we just require notice beforehand. 
We organise the assessments via Calendly and the recipient will receive several calendar reminders before the call. 
If, during the assessment, it becomes clear that the issues are more complex and require a longer period of time than the booking has allowed, an increased charge may apply. We will discuss protocol with you beforehand.
We require full compliance in order to provide professional advice.  We are only able to advise on information that we are provided with from the participant.  We will seek permission from the participant when reporting on any sensitive medical or personal information and only essential information will be submitted to the employer.
A written report will be provided within a few days of the assessment taking place.
Design consultancy services, from fit out advice to ergonomic documents
Advisory meetings can be carried out online or in person.  We require full compliance in order to provide professional advice.  We are only able to advise on information that we are provided with from the company, employees, design company, as relevant to the project.
Online Tool
 We require full compliance in order to provide a bespoke version of the tool and to provide bespoke reporting and advice.    A minimum of two years licence is applicable with a 3 month notice period
TERMS OF SERVICES
1 DEFINITIONS
In this document the following words shall have the following meanings: 
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document; 
1.2 “Customer” means the organisation or person who purchases goods and services from the Supplier; 
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable; 
1.4 “Specification Document” means a statement of work, Quotation, Order Acknowledgement or other similar document describing the goods and services to be provided by the Supplier; 
1.5 “Supplier” means Inspired Ergonomics (trading as Inspired Ergonomics) of 8 Hermitage St, Paddington, London W2 1BE. 
2 GENERAL 
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer. 
2.2 When requested, the Supplier shall submit to the Customer a Specification Document (services proposal) which shall specify the goods and services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions. 
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services. 
3 PRICE AND PAYMENT 
3.1 The price for the supply of goods and services are as set out in the Supplier’s current price list and sent to the customer beforehand.  The Supplier shall invoice the Customer, if a company, at the end of each month for the services provided.   For individuals, the services will be invoiced at the time of booking, for payment before the service can be provided.  
3.2 Invoiced amounts shall be due and 30 days from date of invoice for companies (or on receipt for individuals). The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.00% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the goods and services are supplied. 
3.3 Inspired Ergonomics retains the right to increase prices, in line with inflation, notifying the client a month before such a price rise, or in line with a set licence period.
4 SPECIFICATION OF THE GOODS 
All goods or services shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract. 
5. CUSTOMER`S OBLIGATIONS 
To enable the Supplier to perform its obligations under this Agreement the Customer shall: 
5.1  co-operate with the Supplier; 
5.2  provide the Supplier with any information reasonably required by the Supplier; 
5.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and 
5.4 comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties. 
5.5 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the goods and services agreed to in the Specification Document, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice the full amount of the goods and services contracted for as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause. 
5.6 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and: 
5.7 the Supplier shall have no liability in respect of any delay to the completion of any project; 
5.8 if applicable, the timetable for the project will be modified accordingly; 
5.9 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs. 
6. ALTERATIONS TO THE SPECIFICATION DOCUMENT 
6.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties. 
6.2 The Customer may at any time request alterations to the Specification Document by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties 
6.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed. 
6.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms. 
7. INDEMNIFICATION 
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party. 
8. LIMITATION OF LIABILITY 
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates. 
8.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss. 
8.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors. 
9 TERMINATION 
Either party may terminate this Agreement forthwith by notice in writing to the other if: 
9.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so; 
9.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; 
9.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; 
9.4 the other party ceases to carry on its business or substantially the whole of its business; or 
9.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets. 
10 INTELLECTUAL PROPERTY RIGHTS 
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties. 
11 FORCE MAJEURE 
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. 
12 INDEPENDENT CONTRACTORS 
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Specification Document. 
13 ASSIGNMENT 
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier. 
14 SEVERABILITY 
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. 
15 WAIVER 
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement. 
16 NOTICES 
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post. 
17 ENTIRE AGREEMENT 
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.  
18 NO THIRD PARTIES 
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 
19 GOVERNING LAW AND JURISDICTION 
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.