The following standard terms of business apply to all instructions accepted by the Company for the delivery of Training and one off Consultancy work. All work carried out in the provision of data protection consultancy/advice, training, and other ancillary services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.
- Definitions and Interpretation
- In these Terms and Conditions the following terms shall have the following meanings:
“Calendar Day” | means any day of the year; |
“Cancellation Form” | means the form attached to these Terms and Conditions as Schedule 1; |
“Cancellation Notice”
“Company” | means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer; Clansman Consulting |
“Contract” | means the contract for the purchase and sale of the Services under these Terms and Conditions; |
“Customer” | means the individual purchasing the Services from the Company who shall be identified in the Order; |
“Order” | means the customer’s completed order for the purchase and provision of Services; |
“Payment Information” | means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details; |
“Sales Literature”
| means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Services available and pricing information for those services; |
“Services” | means the services which the Company is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order. |
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “writing”, includes a reference to any communication effected by electronic transmission or similar means;
- a statute or a provision of a statute in law is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
- a Schedule is a schedule to these Terms and Conditions; and
- a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
- The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
- Words imparting the singular number shall include the plural and vice versa.
- References to any gender shall include the other gender.
- Procedures
- On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating to data protection, training and other relevant services as per your instructions.
- The Company undertakes to:
- Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
- Provide you with the best advice on matters relating data protection and your company training needs. In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
- Comply with the Client`s instructions using all due skill, care and expedition appropriate to the need of the client.
- Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
For more information on how we hold your data please view our privacy notice which is available on our website or can be provided on request.
- Where the Company offers an advisory service on an ad hoc basis (not as a remote data protection officer client), the Company does not accept any liability or obligation to advise you of any changes in legislation which may affect you either directly or indirectly and may necessitate a review of your practices.
- Notice of the Right to Cancel
- The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- The Company is Clansman Consulting
- For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is the customers name.
- The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
- The Customer may be required to pay for Services provided if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.
- In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Company at the address provided in sub-Clause 4.7.1 below.
- Cancellation Notices must be sent to the Company at the following addresses:
- A Cancellation Notice sent by post or delivered by hand must be sent to: Clansman Consulting, Oakland, Redkirk, Gretna, Dumfriesshire, DG16 5EY; and
- A Cancellation Notice sent by email must be sent to: kirsty@clansmanconsulting.co.uk
- Cancellation Notices shall be deemed served upon the Company:
- In the case of a Cancellation Notice sent by post, at the time of posting; and
- In the case of a Cancellation Notice sent electronically, on the day it is sent.
- Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.
- Refunds
- If the Customer chooses to exercise the Right to Cancel in accordance with Clause 4 above, the provisions of this Clause 5 shall apply in determining any refund to which the Customer may be entitled.
- The Customer must inform the Company of their exercise of the Right to Cancel within the period required by Clause 4.
- If the provision of Services has commenced, at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, the Company shall remain entitled to any monies constituting the value of such Services.
- Where the Customer has already made payment to the Company, any refund issued shall be less the relevant sum determined under sub-Clause 5.3.
- Where the Customer is yet to make payment to the Company, the sum due from the Customer shall be adjusted accordingly.
- The Company will inform the Customer in writing of the relevant calculations involved in determining sums deductible or payable under this Clause 5.
- If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Company shall not be entitled to any monies constituting the value of such Services.
- If the Customer requires their services urgently and require that the Company commence work prior to the expiration of the cancellation period the Customer can agree to waive their rights under the Regulations by signing a waiver agreement. This will mean that they will be required to pay for any work completed should they decide to reinstate their right to cancel within the 14 days. This should be provided in writing.
- Liability
- If the Company fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the Customer.
- The Company shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s reasonable control or where the Customer has failed to meet their obligations under Clause 8 below.
- The Customers Obligations are:
- To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice/training.. The Company shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of the services provided.
- To read through the brief provided and any training materials offered for review, to confirm that they correctly reflect your wishes adding any missing data not supplied at the time of taking your instructions.
- To agree the brief for services together with any amendments to the Company as soon as possible. The Company shall not be responsible for any delay due to your failure to comply with the above.
- To notify the Company if you do not receive your brief for services within two weeks of the first appointment, unless otherwise agreed.
- To pay the fee due for the provision of the Services in full and in accordance with the terms of our invoice.
- Client Care
- The Company is committed to providing the Customer with a high quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of progress.
The Company maintains a full complaints procedure to which any complaint should first of all be addressed.
Please read the above terms carefully and ensure you understand them before signing.
I/We accept the above terms of business and agree to abide by them and to be bound by them. We acknowledge that we have received a copy of this agreement.
Signed:_______________________________
Print Name:_____________________________
Position/Organisation Name:_____________________________
Dated:________________________________
Signed:________________________________________
On behalf of the Company
Dated: ________________________
SCHEDULE 1
Cancellation Notice
This Cancellation Notice is set out in the form required by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you wish to cancel the contract you MUST DO SO IN A CLEAR STATEMENT and deliver personally or send (which may be by electronic mail) this to the Company at their address below. You may use this form if you want to but you do not have to.
(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)
To: Clansman Consulting I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract Ref: ________________ (full name) Date Contract Commenced: ______________ Consultants Name: _____________________________________________ Signed Name and Address Date |