Terms and Conditions

1. Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. These terms and conditions

These terms and conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.

3. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view; download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. must not:

a) republish material from this website (including republication on another website);
b) sell, rent or sub-license material from the website;
c) show any material from the website in public;
d) reproduce, duplicate, copy or exploit material on our website for a commercial purpose;
e) edit or otherwise modify any material on the website; or
f) redistribute material from this website.

4. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

5. Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.

6. User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8. Limitations and exclusions of liability

Nothing in these terms and conditions will:

a) limit or exclude our or your liability for death or personal injury resulting from negligence;
b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

a) are subject to the preceding paragraph; and
b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions [, or arising out of any claim that you have breached any provision of these terms and conditions].

10. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

11. Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

12. Assignment

We may transfer, sub-contract or otherwise deal with our rights and / or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and / or obligations under these terms and conditions.

13. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and / or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

16. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

17. Our details

The full name of the company is G&L Consultancy Ltd.
G&L Consultancy Ltd is registered in England & Wales under registration number 3687929.
G&L Consultancy Ltd’s VAT number is 729 1092 34.
G&L Consultancy Ltd’s registered address is Unit 5A, Chelston Business Park, Castle Road, Wellington, Somerset TA21 9JQ.
G&L Consultancy Ltd can be contacted by email on info@gnl.org.uk

Training Course Terms & Conditions

COURSE CONDITIONS OF SERVICE

By returning a signed Booking Form the Client agrees to these Terms and Conditions in their entirety
For any cancellations made in writing (via email) within 48 hours prior to the course start date, a 50% course fee will apply. For cancellation within 5 working days, a 25% course fee will apply. For non attendance with no previous warning, full charges will apply.
Completed training needs analysis forms for applicable courses must be returned no less than seven days before the course start if you require a candidate specific syllabus to be drawn up.
l Whenever the Company provides courses on behalf of external organisations and examination bodies, the Company acts as an agent only and the Client will be subject to their Terms and Condition, particularly in respect of course syllabi, examinations, assessments and certification. The Company has no control over the decisions of external bodies and is unable to make decisions or rulings affecting them.
The Company will issue all training cards and certificates within 5 working days of the completion of the training course unless an alternative turnaround is requested in advance of the course. In the event of a delay in producing cards and certificates, a letter can be provided to confirm a candidates attendance of the course.
The Company reserves the right to withhold the Client’s training certificates until payment is made in full, including any late payment interest due and liquidated damages.
Replacement training certificates and / or identification cards produced within twelve months of the course date will be charged to the Client at £10 + VAT to cover administration costs. This cost will be applied for lost certificates as well as amendments that are required due to any inaccurate information provided by the Client or its delegate
All bookings are accepted subject to the condition precedent that the minimum number of candidates required for the training course to proceed is enrolled at least seven days before the course commencement date. In the event that the minimum number of candidates are not enrolled, the client may be offered either an alternative course or a full refund of any fees paid.
If a course is cancelled at short notice due to unexpected illness of tutor, extreme weather conditions, transport breakdown or delays or acts of God, the course will be rescheduled as soon as possible. In this event no responsibility will be taken for any costs incurred by the client.
The Company reserves the right to substitute tutors without prior notification, wherever required, i.e., in the case of illness and/or in order to maintain its obligations under these terms and conditions.
Postponement of training will be allowed at the discretion of the Company. The Company agrees to hold its price at the original amount quoted for a period of three months from the date of the original booking except where external costs have increased, i.e. increased cost of air fares, etc. In any event postponed courses must be rearranged and the training delivered within six months of the original booked training dates.
It is the responsibility of the Client to inform the Company of any delegate’s learning difficulties, inability to participate in any physical elements of the course, or associated activity.
Lunch and refreshments are provided on all open courses, and it is the client’s responsibility to advise the Company of any food or other associated allergies in advance of the course.
Beyond its statutory legal liabilities, the Company will not be held responsible for any death, injury or incapacity to any course delegate as a consequence of the delegate not being fit or able to participate in the course or associated activities.
The Company are not in the position to supervise work undertaken by individuals after participation in a training course and the Company will not be held liable for any breach of statutory regulations, HSE guidance notes or Approved Codes of Practice on the part of its Client or their employees.
The Company reserves the right to abort any course at its discretion or refuse entry to any delegate where it is determined that the trainee/s clearly fail to meet the standards required for the level of training to be undertaken in terms of knowledge, ability and basic understanding of the subject matter. In these circumstances the aborted course will be treated as cancelled by the Client, and cancellation charges will apply.
The Company reserves the right to remove any delegate from its courses at its own discretion for reasons of foul, abusive, disruptive language or behaviour, for any other activity, or for reasons of health and safety, deemed as inappropriate or unsafe. In such cases, the individual(s) and their employer will be informed and the situation will be treated as a booking that has been cancelled by the client. Cancellations charges will apply.
The Company reserves the right, in exceptional circumstances, to abort any In-House training course where the client has clearly failed to provide suitable facilities for the training to be undertaken. This can relate to either and / or the non-supply of a room in which the training course can be held, the size of room being completely unsuitable for the number of personnel to be trained; unhygienic conditions in the room to be used for training purposes; and the non-supply of basic facilities to meet normal health and safety requirements. This condition may also apply where the client has not/is not willing to supply previously requested equipment necessary for the training to proceed or supply reasonable refreshments where requested. In such cases the Client will be informed and the situation will be treated as a booking that has been cancelled by the Client. Cancellations charges will apply.

COURSE TERMS OF PAYMENT

Subject to any special terms agreed in writing between the Client and the Company, the Company shall be entitled to invoice the Client for the price of the Services inclusive of VAT where applicable (but without any other deduction) at any time, as payment must be made a minimum of ten clear days prior to the course start date.
If you are taking a final BOHS exam at the end of our training course, the exam fee will be quoted seperately and detailed seperately on the invoice. G&L acts as an agent for exam fees and will take receipt of the payment from the Client and pass it directly on to BOHS without the addition of VAT. The exam is then provided for the client at the end of the course and returned to BOHS for valuation. Results and certificates are provided to the Client direct from BOHS.
Receipts for payment will be issued only upon request.
If the Client 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 cancel the Contract, suspend any further provisions of the Services to the Client and withhold outstanding course certification. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the services.
Under The Late Payment of Commercial Debts (Interest) Act 1998, the Company reserves the right to charge the Client interest (both before and after any judgement) on any outstanding payment, at the rate of 8% per annum above the Bank base rate, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest);
G&L Consultancy reserves the right to charge the Client the costs of recovery of any outstanding amount including legal costs and disbursements and charge any Bank charges incurred on representing cheques or requesting special clearance thereof.
Course output material remains the property of G&L Consultancy until such time as the invoice has been paid in full by the Client.
Cheques should be crossed and made payable to ‘G&L Consultancy Ltd’.
Any query, issue or dispute relating to any part of an invoice must be received by G&L Consultancy within ten days of the date of the invoice, otherwise the invoice due date will be considered final. It is the responsibility of the Client to ensure that payment is received by the Company within the stipulated time.

Face Fit Testing Terms & Conditions

FACE FIT TESTING CONDITIONS OF SERVICE & PAYMENT

Quantitative respirator face fit testing will be carried out using the TSI Portacount unit in accordance with HSE Guidance INDG479 and Guidance Note HSG53.
Qualitative respirator face fit testing will be carried out using the Biterex method in accordance with HSE Guidance INDG479 and Guidance Note HSG53.
In the event of a candidate attending a face fit test for a tight-fitting mask and is not clean shaven in the face seal area, the test will be aborted and the minimum charge will still apply.
All fully completed fit tests will be charged at the full rate, irrespective of the result. Fit tests which are clear failures will be aborted as soon as this becomes apparent.
If a fit test booking is cancelled with less than 4 hours’ notice, full charge will apply.
It is the responsibility of the Client to inform the Company of any delegate’s physical difficulties which may prevent them being able to fully complete the requirements of the fit test.
The Company reserves the right to refuse to test a candidate for reasons of foul, abusive, disruptive language or behaviour, for any other activity, or for reasons of health and safety, deemed as inappropriate or unsafe, or if they fail to meet the criteria. In such cases, the individual(s) and their employer will be informed.
The fit test is accurate on the day of testing based on the correct fitting of the respirator and the status of the candidate. No responsibility is taken for respirators that subsequently do not fit due to change in conditions or poor donning procedures.
Instruction will be given in the use, fitting, cleaning and daily maintenance and inspection procedures of any masks supplied. It is then your responsibility to ensure this is carried out and suitable and sufficient records are kept. No responsibility is taken by G&L of incorrectly used and maintained respirators that have been supplied.
If fit testing is requested at a client’s site, a clean, dust free room must be made available, ideally less than 50m2 with at least one 240 volt power socket. Safe access to and use of the room must be provided in accordance with current social distancing guidelines to reduce the risk to Covid-19. If a fit test visit has to be aborted due to inadequate facilities available, the minimum charge will still be applied.
The Company reserves the right to withhold the Clients’ fit test certificates until payment is made in full, including any late payment interest due and liquidated damages, if deemed necessary.
Replacement fit test certificates produced within twelve months of the test date will be charged to the Client at £10 + VAT to cover administration costs. This cost will be applied for lost certificates as well as amendments that are required due to any inaccurate information provided by the Client or its delegate.
If a fit test booking is cancelled at short notice due to equipment failure, unexpected illness of the tester, extreme weather conditions, transport breakdown or delays or acts of God, the test will be rescheduled as soon as possible. In this event no responsibility will be taken for any costs incurred by the client.
Under The Late Payment of Commercial Debts (Interest) Act 1998, the Company reserves the right to charge the Client interest (both before and after any judgement) on any outstanding payment, at the rate of 8% per annum above the Bank base rate, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
G&L Consultancy reserves the right to charge the Client the costs of recovery of any outstanding amount including legal costs and disbursements and charge any Bank charges incurred on representing cheques or requesting special clearance thereof.
Any query, issue or dispute relating to any part of an invoice must be received by G&L Consultancy within ten days of the date of the invoice, otherwise the invoice due date will be considered final. It is the responsibility of the Client to ensure that payment is received by the Company within the stipulated time.
No responsibility is taken for respirators / disposable masks supplied that are later found to be defective in any way. It is the wearers responsibility to carry out a respirator / mask check prior to use to confirm the equipment is fit for purpose. Defective masks, prior to use, can however be returned in their original packaging and a full refund will be given.