1. Conditions Applicable
(a) These conditions shall apply to services and goods provided by OnSite Plus Limited (hereafter referred to as OSP) to its clients, both individual and corporate to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any letter of engagement or similar document.
(b) Client shall refer to individual and corporate as appropriate. Any reference to corporate shall refer to a company or other form of corporate body. Any reference to an individual shall refer to that person only.
No variation to these conditions shall be applicable unless agreed in writing by the Company.
(a) All work will be undertaken at the price agreed between OSP and its agreed client. Any variation in price will be subject to negotiation between the parties and all prices quoted are exclusive of VAT (at the prevailing rate). The final decision regarding any variation in pricing from the previously agreed will rest with OSP.
(b) OSP will invoice all clients within 30 days of treatment for regularly contracted services.
(c) OSP will invoice up to 30 days in advance for all one off events.
(d) Payment of all outstanding regularly contracted services invoices must be made within 60 days. Failure to pay prior to this date will result in interest being charged on the outstanding balance at the rate of 5% higher than the stated Bank of England Base Rate at the point of the charge being applied. Each 7 day period the debt remains outstanding will attract a further interest charge as above.
(e) Payment of all one off event invoices must, unless previously agreed by OSP, be made over 48 hours in advance of the commencement time of the event. For cancellations see paragraph 5.
(a) Neither OSP, nor its servants or agents, shall be liable for any loss or damage of personal property belonging to the client or its employees, servants, agents or any other person to whom it may incur liability.
(b) Neither OSP, nor its servants or agents, shall be liable for any death or injury occurring during or after the provision of OSP’s services and/or goods to the client resulting from the use of such goods or provision of such services or otherwise except to the extent that such death or personal injury arises from any negligent act or omission of OSP, its servants or agents.
(c) OSP, its servants or agents, will hold suitable insurance in respect of all foreseeable risks both corporate and individual. Copies of all insurance policies currently in force are held by OSP, its servants or agents, and are available for inspection as required.
4. Client Disclosure and Information
(a) Clients must disclose any medical or physical information that a reasonable person would consider as relevant to any treatment they would receive.
(b) Clients must disclose any change in medical or physical circumstance that has occurred since their initial disclosure to OSP, its servants or agents.
(c) OSP, its servants or agents cannot be held liable resulting from the failure to disclose any condition, or change of condition as required in (a) and/or (b).
(d) All client information provided to OSP, its servants or agents will be held under the terms of the Data Protection Act and no disclosure of any information held will be made without the client’s permission or relevant legal authority.
(a) Individual clients must give notice of any cancellation to OSP, its servants or agents, more than 24 hours prior to the commencement of the appointment.
(b) Corporate clients must give notice of any cancellation to OSP, its servants or agents, more than 48 hours prior to the time of the commencement of the event. Such clients must ensure that such a cancellation has been physically received by OSP, its servants or agents. The mere leaving of a ‘message’ is insufficient, such contact must be by physically speaking to OSP, its servants or agents, or by receipt of an acknowledgement from OSP, its servants or agents.
(c) Where any event or appointment is cancelled by OSP, its servants or agents, then any fees already paid to OSP, its servants or agents, will be refunded in full or an alternative offered, except as provided for by any other paragraph in this agreement.
(d) Any cancellation made outside of the time limits in (a) and/or (b) will attract payment in full for the services contracted or booked.
6. Health and Safety
The client undertakes that they will ensure that a safe working environment is provided at all times for OSP, its servants or agents. The client will undertake any health and safety risk assessment as required under legislation and ensure that regular monitoring is undertaken of such an assessment. The client undertakes to provide, at their expense, any induction training that may be required for their building or environment.
7. Treatment Facilities
(a) The client will provide a suitable room or treatment area for the provision of services by OSP, its servants or agents.
(b) The maintenance and cleaning of that room will be the responsibility of the client.
(c) The room will be provided with easily accessible washing facilities for OSP, its servants or agents.
(d) OSP reserves the right to cancel any services, at the expense of the client, if the room provided does not meet the standards that a reasonable person would consider suitable for such treatments as are provided by OSP, its servants or agents.
OSP may assign, licence or sub-contract all or any part of its rights and obligations under this agreement.
9. Governing Law
This contract is subject to the law of England and Wales.
Any and all disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.