Terms & Conditions Including Service Level Agreement

1. All prices are listed on the basis that tasks can be carried out and completed during standard Bespoke Compliance Solutions Ltd operating hours (Monday-Friday 08:00-17:00).

2. I agree that by providing confirmation via email or purchase order it is acceptable to carry out the work stated.

3. It is the responsibility of the site management team to adhere to the tasks outlined within HSG274 Part 2; T able 2.1. Any tasks within HSG 274 Part 2 T able 2.1 that are not subcontracted directly to Bespoke Compliance Solutions Ltd are the responsibility of the client site management.

4. All prices exclude VAT (20%).

5. Payment terms are a strict 30 days (unless otherwise agreed).

6. Quoted Prices are held firm for 30 days.

7. Works are invoiced once they have been completed on site (unless otherwise informed or payment in advance is required). Payment must be received prior to any risk assessments/job sheets or sample certificates are sent to the client.

8. Jobs are completed as outlined in this quotation. However, if any part of the works cannot be completed that are specified within the quotation due to reasons out of the control of Bespoke Compliance Solutions LTD or its contractors then the works will still be invoiced in full as per the original quotation. For further details on what we consider as reasons out of our control, please email accounts@bc-solutions.co.uk.

9. Issuing a purchase order or email confirmation for this quotation is acceptance of these terms and conditions.

10. All prices cover delivery and installation during normal working hours, Mon – Fri 9am – 5pm.

11. Details of any disputes with invoices are to be received within 10 days from the date of invoice, otherwise we will assume acceptance.

12. If a third party is required to collect overdue monies, then all additional costs will be passed on.

13. Bespoke Compliance Solutions Ltd have informed their clients of the requirements to which they must adhere within L8.

14. Late payment will incur interest charges at the rate of base + 8%.

15. Any equipment that is installed on a client’s site is done so at the occupiers/owners own risk and becomes the responsibility of said occupiers/owners whilst the equipment is in their possession.

16. Any loss or damage to any equipment may incur a cost to replace or fix.

17. Our works are completed in accordance with the health and safety guidance HSG274 & ACOP L8.

18. Cancellation of the works within 24 hours of the date we are attending is charged at 100%. This also includes access restriction to the premises which affects any works that have been quoted for from being completed.

19. Orders over £1000 + VAT may be subject to 50% upfront advance. This will be confirmed at the point of acceptance on any quotations.

20. All equipment belongs to Bespoke Compliance Solutions Ltd, until paid for in full.Service Level Agreement.

All works carried out are in line with the Service Level Agreements (SLA) and Bespoke Compliance Solutions LTD method statements. Method of works can also be found here. It is the responsibility of the client to adhere to the tasks outlined within HSG 274 Part 2; T able 2.1. Any tasks within HSG 274 Part 2 T able 2.1 that are not subcontracted directly to Bespoke Compliance Solutions LTD are the responsibility of the client.

Staff Competence - Bespoke Compliance Solutions LTD ensure that all staff carrying out proposed tasks have the competence and ability to carry out the tasks effectively and safely. It is the responsibility of the duty holder and responsible person to:

Maintain the entire system, and the water in it, in a clean condition and to facilitate inspection to determine if the system is clean or not.

Make systems available for cleaning and disinfection if required with adequate notice to enable us to plan and execute the service.
Ensure safe access for inspection and cleaning is provided. If Bespoke Compliance Solutions LTD has not carried out a Legionella Risk Assessment (unless we are carrying one out as part of this contract) they must ensure that their properties have an up to date one in place including a written scheme of control – this should include a schedule of monitoring, inspection and treatment.
Provide the required information in order that Bespoke Compliance Solutions LTD can design an appropriate programme of works.
Ensure that the systems are made available for any agreed works. This includes ensuring safe access to systems and adequate notice to ensure that Bespoke Compliance Solutions LTD can carry out any work.
Provide any information on known risks and safety requirements in the areas we will be working, and advise of any known dead legs, redundant pipework and the location of schematic diagrams.
Ensure any preparatory work you are responsible for is completed prior to commencing cleaning and disinfection work.
Arrange any safety requirements for the areas that we will be working within.
Ensure the control scheme tasks you are responsible for are completed and recorded.
Participate in the agreed review process.
Ensure any necessary trade effluent discharge.

Service Level Agreement

Statutory Duty holder – As a service provider, we are required to ensure our clients are made aware of their legal obligations with regard to Legionella legislation. The following briefly describes the obligations of a building operator or owner. A Health and Safety Executive (HSE) leaflet briefly defining your Legionella obligations is downloadable from the HSE website and we strongly recommend you take the time to read this leaflet as a starting point. Legionnaires disease - A brief guide for duty holders - http://www.hse.gov.uk/pubns/indg458.pdf. Other relevant legislative documentation includes:

The Health and Safety at Work etc. Act 1974 (Sections 2, 3, 4 and 6 are defined within ACoP L8 as applicable to legionella control).
The Management of Health and Safety at Work Regulations 1999 (MHSWR)
The Control of Substances Hazardous to Health Regulations 2002 (Regulations 6, 7, 8, 9 and 12 are particularly relevant to Legionella control).
The Notification of Cooling Towers and Evaporative Condensers Regulations 1992 Legionnaires’ disease - The control of legionella bacteria in water systems.
Approved Code of Practice and guidance L8 (ACoP L8).
Legionnaires' disease - Part 2: The control of legionella bacteria in hot and cold water systems (HSG274).
BS 8580-1 2019: Water quality – Risk assessments for Legionella control – Code of practice.
Health Technical Memorandum 04-01: Safe water in healthcare premises HSG 220 - Health and safety in care homes.Scope of Works (If App)

Legionella Compliance Programmes

The terms and duration of the agreement will be listed on the first page of the planner (also known as LCP) under ‘Contract Start & End Date’. The planner will remain in force for the time period specified. In the event that either party wishes to terminate the agreement, that party will be required to provide 90 days written notice to the other party. (This cancellation period does not apply to remote temperature monitoring services - a further set of terms and conditions will be provided to cover these services and hardware).

Standard Working Hours - Prices are listed on the basis that tasks can be carried out and completed during standard Bespoke Compliance Solutions LTD operating hours (Monday-Friday 08:00-18:00). Any works required to be carried outside of these standard operating hours will require a specific quote or proposal to cover resource surcharges.

Abortive Visits - Bespoke Compliance Solutions LTD reserves the right to charge for all abortive visits. Please make us aware at the soonest available opportunity if you are undertaking plumbing or building works. If works are underway, Risk Assessments should not be carried out until they are completed. Failure to inform us will result in a cancellation charge. Please make us aware at the soonest opportunity if hot water systems are not functioning correctly, TMV servicing cannot be carried out if systems are low in temperature. Failure to inform us will result in a cancellation charge. 24 hours’ notice must be given for any work to be cancelled. In the event of work being cancelled at late notice there will be a cancellation charge. This will be 50% of the total job price.In the event that an agreement is terminated by the client prior to the completion of services, but where the services have been partially performed, Bespoke Compliance Solutions LTD will be entitled to pro rata payment at the date of termination (providing that the contractor has not been found in breach of contract).

Ownership of Intellectual Property - All intellectual property and related material (the “Intellectual Property”) that is developed or produced will be the property of Bespoke Compliance Solutions LTD. Confidentiality - Confidential Information (the “Confidential Information”) refers to any data or information relating to the business of the client which would be considered to be proprietary to the client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the client and where the release of the confidential information could reasonably be expected to cause harm to the client. Bespoke Compliance Solutions LTD agrees that they will not disclose,

divulge, reveal, report or use, for any purpose, any confidential information which Bespoke Compliance Solutions LTD has obtained, except as authorised by the client, as required by law or in the event where there is significant risk to public health. All written and oral information and material disclosed or provided by the client is confidential information. Independent

Contractor - When carrying our services in conjunction with proposals and service agreements, it’s expressly agreed that Bespoke Compliance Solutions LTD and their employees and contractors are acting as an independent contractor. Bespoke Compliance Solutions LTD and the client acknowledge that any proposal or service agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

Indemnification - Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occur in connection with the services provided. This indemnification will survive the termination of any agreement.

Enurement - Service agreements will ensure to the benefit of and be binding on the parties and their respective heirs, executors, administrators and permitted successors and assigns.

Any questions regarding any of the above, please contact compliance@bc-solutions.co.uk or call 01296 914916

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