Legal | SVC Safety

Client Terms of Business

Health and safety consultancy services Version 1.1 | Issued 4 November 2026

These Terms govern the health and safety consultancy services we agree to provide to the business or organisation named in our Proposal. Read them alongside your Proposal, which sets out your services, fees, covered sites, contract duration and any expressly agreed liability cap.

Please read clauses 4 and 6 on payment and termination, clause 7 on permitted use of documents and advice, and clause 9 on liability. Your Proposal should identify this version of the Terms and any agreed departures from them. Please retain a copy for your records.

SVC Safety Solutions LLP Contact details:

Telephone: 01206 262117 | Email: admin@svcsafety.co.uk Website: www.svcsafety.co.uk

1 The agreement and its acceptance

1.1 “SVC”, “we”, “us” and “our” mean SVC Safety Solutions LLP. “Client” and “you” mean the legal person named in our accepted written proposal, quotation or service schedule (the “Proposal”). “Services” means the work expressly agreed in the Proposal and subsequent written variations. “Agreement” means the Proposal, the version of these Terms identified in it, and any expressly agreed schedules. “Working day” means Monday to Friday excluding public and bank holidays in England.

1.2 These Terms apply to business and organisational clients obtaining Services for their business or professional activities. They form part of the Agreement only where provided or clearly linked and brought to the Client’s attention before acceptance. The Agreement is formed when the parties sign the Proposal, or the Client accepts it in writing and SVC confirms acceptance in writing. The Proposal states the service commencement date. Mere use of our website does not create a consultancy appointment.

1.3 Expressly agreed provisions in the Proposal take priority over conflicting provisions in these Terms. A separately agreed data processing schedule takes priority for the processing it governs. Client purchase conditions do not apply unless SVC expressly accepts them in writing. The Client’s signatory or person accepting the Proposal must have authority to bind the named Client.

1.4 The Agreement contains the parties’ agreement for the Services. No variation to scope, fees or these Terms is effective unless agreed in writing by authorised representatives. The version identified in the accepted Proposal continues to apply to that appointment; publishing a later website version does not automatically change an existing Agreement. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

2 Our services and their scope

2.1 SVC will exercise the reasonable skill and care expected of a competent health and safety consultancy providing comparable services and will use suitably competent personnel. The Proposal identifies the Services, covered sites and activities, deliverables, any visits, timescales and support arrangements. An account lead may be replaced by a suitably competent person where reasonably necessary.

2.2 Advice is based on the agreed scope, information supplied and circumstances known when it is given. Site inspections are observations of accessible areas and activities at the time; they are not exhaustive examinations of every hazard, document, item of equipment or concealed condition. SVC will identify material limitations in its reports.

2.3 The appointment does not guarantee that an accident will not occur, that all legal requirements are satisfied, or that a regulator, insurer, tender assessor or accreditation body will approve the Client. SVC remains responsible for performing its agreed work with reasonable skill and care.

2.4 Unless expressly included in the Proposal, Services exclude preparing or updating policies and risk assessments, training and e-learning, fire risk assessments, PQQ and SSIP submissions, accident investigations, committee meetings, court attendance and dealings with regulators or other third parties. CDM dutyholder appointments and specialist services are not undertaken unless separately accepted in writing and within SVC’s competence. The Proposal must identify any included documentation work.

2.5 Additional work requires written agreement on scope, charges and likely timing before it starts. SVC will notify material delays caused by unavailable access, missing information or agreed changes and agree reasonable adjustments to the timetable. Completed one-off advice and documents are not subject to continuing monitoring or automatic updating unless that service is expressly agreed.

2.6 Where included in the Proposal, telephone and email advice is available from 08:30 to 17:00 Monday to Friday, excluding public and bank holidays in England. Any specific response times or out-of-hours support must be expressly agreed. This is not an emergency service. If advice requires documents, specialist work or a site visit outside the agreed scope, SVC will explain the additional work and obtain approval before charging.

2.7 Use of artificial intelligence. SVC Safety Solutions LLP may use artificial intelligence tools to assist with research, drafting and administration when providing the Services. Any AI-assisted advice or documents supplied to the Client will be reviewed by a suitably competent person before issue. AI supports our professional judgement and does not reduce our obligation to exercise reasonable skill and care. Client confidential information and personal data will only be processed using AI where appropriate confidentiality, security and data protection safeguards are in place and, where required, the Client’s prior written authorisation has been obtained.

3 Your responsibilities and competent person assistance

3.1 The Client retains responsibility for workplace management, statutory compliance, safe systems of work, supervision, implementation of controls and the adequacy of its overall health and safety arrangements. Appointing SVC does not transfer statutory duties or prevent enforcement action against either party where the law permits it.

3.2 The Client will provide accurate, complete and timely information, safe access, relevant records and an authorised contact. It will promptly disclose material changes, accidents, dangerous occurrences, enforcement notices, investigations, proceedings and relevant correspondence. It will allocate resources, communicate advice and act on recommendations, seeking clarification where necessary.

3.3 The Client is responsible for urgent protective action, first aid, emergency services and statutory reports. SVC will submit a report or communicate with a regulator on the Client’s behalf only where expressly instructed and agreed; the Client must not delay a statutory deadline while awaiting advice.

3.4 SVC is not responsible for losses to the extent caused by inaccurate or withheld information, unauthorised changes to its advice, or the Client’s failure to implement appropriate recommendations. This does not excuse SVC’s own negligence or failure to exercise reasonable skill and care.

3.5 The Client may describe SVC as its current health and safety adviser or provider of external competent person assistance only where that appointment is expressly included in the Proposal and remains active. Appointment does not make SVC the Client’s operational manager, employer, principal contractor or principal designer. SVC’s assistance is limited to the agreed Services; the Client must ensure its overall competent assistance arrangements are adequate.

3.6 For PQQ, SSIP and tender work, the Client must provide genuine, current evidence by agreed deadlines and approve factual submissions. SVC cannot guarantee acceptance. Responsibility for a failed or late submission depends on its cause and the parties’ agreed duties; SVC does not exclude responsibility for its own negligent work.

4 Fees payment and expenses

4.1 Fees, payment dates and invoicing arrangements are stated in the Proposal. Fees and approved expenses exclude VAT, which is charged where applicable. Unless the Proposal states otherwise, retainers are payable monthly in advance by standing order and other invoices are payable within seven working days of the invoice date. Any first part-month payment will be agreed without charging twice for the same period.

4.2 For one-off projects, 50% of the agreed fee plus VAT is payable on acceptance before work starts; the balance is payable on completion. E-learning fees are payable in full before licences or access are supplied. Deposits are credited against fees and any properly due cancellation amount, rather than charged twice.

4.3 Additional work is charged at the rate agreed in writing before it starts. Where the parties expressly agree hourly charging but no different rate, the rate is £150 plus VAT per hour. Increased workload does not itself authorise a fee increase. Annual retainer fee increases may be made under clause 4.7. Any other retainer fee change requires separate written agreement.

4.4 SVC reserves its rights to statutory interest, fixed compensation and reasonable additional recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable. Statutory interest is calculated at eight percentage points above the applicable Bank of England reference rate. No separate contractual interest rate is substituted.

4.5 The Client must promptly identify any disputed invoice item and explain why it is disputed, while paying undisputed amounts when due. After at least seven working days’ written warning, SVC may suspend services for overdue undisputed sums. The notice will explain the scope and effective date of suspension, including any competent person assistance affected. Deadlines will be adjusted reasonably; accrued payment obligations remain due.

4.6 Mileage rates, the travel starting point and any charge for travel time must be stated in the Proposal or agreed in writing before the visit. Hotel, rail, air travel and other material expenses require advance written approval. Approved expenses will be itemised and invoiced with VAT where applicable.

4.7 Annual retainer fee review. Unless otherwise stated in the Proposal, SVC may increase the retainer fee once in each twelve-month period, with the first increase taking effect no earlier than the first anniversary of the service commencement date. The percentage increase will not exceed the lower of 5% and the latest published ONS all-items Consumer Prices Index (CPI) twelve-month inflation rate available when notice is issued. Where that rate is zero or negative, no increase will apply under this clause. SVC will provide at least 60 days’ written notice confirming the revised fee and effective date. Any greater increase or fee adjustment arising from a change in service scope requires separate written agreement.

5 Complaints and service correction

5.1 Please notify complaints promptly, preferably within seven days of identifying the issue, with sufficient details to allow investigation. This is an administrative request, not a contractual time bar or a waiver of legal rights.

5.2 SVC will acknowledge the complaint and investigate within a reasonable time. Where a service defect is substantiated, SVC will offer appropriate correction or re-performance without additional charge. If that cannot reasonably resolve the defect, an appropriate fee adjustment or refund will be considered. These remedies do not exclude rights or liabilities preserved by law and clause 9.

5 Complaints and service correction

6 Cancellation suspension and termination

6.1 The Proposal states any initial term, renewal arrangements and notice requirements. Unless it states otherwise, an ongoing retainer continues monthly and either party may end it on at least one calendar month’s written notice. A minimum fixed term applies only where expressly agreed. Notice may be given during an agreed initial term to expire at its end, subject to the Proposal’s notice requirements.

6.2 If the Client requests early termination for convenience during an agreed minimum term, the parties may agree a written settlement reflecting Services already supplied, approved non-cancellable commitments and reasonable net loss attributable to early termination, taking account of costs saved, mitigation and payments already made. Unless the Proposal grants an early termination right, such a request does not itself end the minimum term. If no settlement is agreed, the parties retain their contractual and legal remedies. Neither party may recover the same loss twice.

6.3 For a one-off project cancelled by the Client for convenience, the Client will pay for work reasonably performed up to cancellation at the agreed rate, capped at the agreed project fee, plus approved noncancellable third-party costs not already included in that fee. Any separate reserved-capacity cancellation charge must have been expressly agreed in the Proposal and be commercially justified. Deposits and prior payments are credited and any surplus refunded.

6.4 For e-learning cancelled before licences are purchased or activated, SVC will refund unused fees less approved non-recoverable supplier costs. Once licences are committed or activated, cancellation charges depend on the supplier terms disclosed before purchase and costs actually incurred. This does not remove remedies for defective provision by SVC.

6.5 Either party may terminate for a material breach which is not remedied within 14 calendar days of written notice identifying the breach, where it is capable of remedy. Either party may terminate immediately for fraud, an irremediable material breach or insolvency, subject to applicable legal restrictions. Termination for SVC’s breach does not trigger a convenience cancellation charge.

6.6 SVC may suspend affected work immediately where there is a serious safety risk to its personnel, unlawful instructions, or materially false information making continued work unsafe or improper. SVC will explain the grounds promptly in writing and, where practicable, allow corrective action. SVC may terminate where the matter cannot reasonably be remedied or the Client refuses necessary action. Receipt of an enforcement notice alone does not automatically end support.

6.7 On termination, SVC will identify the effective end of its appointment, provide paid-for deliverables and a reasonable handover of material outstanding matters, and handle personal data under applicable law and any processing schedule. Advance fees for Services not supplied will be refunded after deducting properly due completed work, agreed commitments and any lawful settlement. Unless the Agreement permits otherwise, SVC may withdraw for convenience during an agreed minimum term only with the Client’s agreement.

6.8 When the appointment ends, the Client must cease describing SVC as its current adviser or competent person assistance provider and update current websites, tenders, accreditation records and documents within ten working days, notifying relevant parties where necessary. Accurate historical records may retain attribution of SVC’s past work. Accrued rights and relevant payment, confidentiality, intellectual property, data protection, liability and dispute provisions survive termination.

7 Confidentiality and permitted use of documents and advice

7.1 Both parties will protect confidential information and use it only to perform the agreement, meet legal duties or protect legitimate legal rights. Necessary disclosure is permitted to personnel, approved service providers, professional advisers and insurers under appropriate confidentiality duties, or to regulators, courts and others where required by law. Where lawful and practicable, the disclosing party will notify the other before a compelled disclosure.

7.2 Confidentiality does not cover information already lawfully known, public other than through breach, independently developed, or lawfully received without restriction. Personal data remains subject to applicable data protection requirements.

7.3 SVC retains ownership of its pre-existing templates, methods, know-how and intellectual property in its deliverables unless expressly agreed otherwise. Once the relevant fees are paid, the named Client receives a perpetual, non-exclusive licence to use, copy and reasonably adapt the policies, risk assessments and other deliverables solely for its own business, covered sites and activities identified in the Proposal. SVC is not responsible for losses to the extent caused by alterations or use outside the agreed scope.

7.4 Documents, templates and advice must not be sold, licensed, transferred, rebranded or supplied for use by another business or legal entity without SVC’s prior written consent. This restriction includes associated companies, subsidiaries, sister companies, franchisees and businesses under common ownership unless expressly included in the Proposal. They do not become clients or acquire rights to rely on the work merely through ownership or association.

7.5 Telephone, email, video-call and other verbal or written advice is supplied exclusively to the named Client for the circumstances and information discussed. It must not be passed on or relied on as advice for another business, site, activity or materially different situation without SVC’s prior written agreement. The Client must seek clarification where the advice is unclear or circumstances change. This restriction does not excuse negligent advice within the agreed scope.

7.6 The Client may share relevant deliverables with its personnel, insurers, regulators, professional advisers, clients and accreditation bodies where reasonably necessary for its own business, compliance or evidence of arrangements, subject to confidentiality and data protection. This does not authorise use as another business’s policies or risk assessments, or grant any recipient a right to rely on SVC’s advice. Separate third-party reliance requires SVC’s express written agreement. Disclosures required by law remain permitted.

8 Data protection

8.1 Both parties will comply with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018 as amended. Roles depend on actual processing activities: SVC acts as an independent controller for its own administration and professional records, and may act as a processor where it handles personal data solely on the Client’s documented instructions.

8.2 Where SVC acts as a processor, the parties will agree a written data processing schedule before that activity begins. It must specify the processing, duration, purposes, data types and categories of individuals, documented instructions, security, confidentiality, subprocessors, incident notification, assistance, audits, transfers and return or deletion arrangements required by applicable law. These Terms and a privacy notice alone do not replace that schedule.

8.3 Each party must have an appropriate lawful basis for its own processing and disclosures, and any additional condition and safeguards required for health or other special-category data. Only necessary information should be shared, using agreed secure methods. Both parties will cooperate with applicable data rights, incidents and regulatory requests. SVC’s applicable privacy notice is published separately on its website or available on request.

9 Liability and insurance

9.1 Nothing excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted. Nothing limits a regulator’s powers or a data subject’s statutory rights.

9.2 Subject to clause 9.1 and applicable statutory requirements of reasonableness, SVC’s total aggregate liability to the Client arising out of or in connection with the appointment, whether in contract, tort including negligence, misrepresentation, breach of statutory duty or otherwise, is limited to the financial cap expressly stated and accepted in the Proposal. If the Proposal does not expressly state a cap, no monetary cap is imposed by this clause. A cap is not a statement of guaranteed insurance recovery.

9.3 Subject to clause 9.1 and applicable requirements of reasonableness, SVC is not liable for indirect or consequential loss. This exclusion does not classify every loss of profit, business interruption or cost of correction as indirect; recovery depends on the nature and circumstances of the loss and the agreed cap.

9.4 Loss will be assessed taking account of each party’s contribution and the obligation to mitigate. SVC does not assume liabilities wider than those imposed by this agreement or applicable law. The Client remains responsible for fines and penalties imposed on it; any claim to recover such sums is subject to applicable law and public policy.

9.5 SVC will maintain professional indemnity insurance appropriate to its activities, subject to availability on commercially reasonable terms, and provide evidence of current cover on reasonable request. Insurance does not expand SVC’s contractual liability. A higher liability cap may be requested before acceptance and is subject to express agreement, fees and available insurance. No limitation applies where it is unlawful or fails an applicable statutory reasonableness requirement.

10 Staff non solicitation

10.1 During the appointment and for six months after it ends, the Client will not actively solicit for employment or engagement an SVC employee materially involved in providing its Services without SVC’s written consent. General advertisements, unsolicited approaches and applicants not targeted by the Client are excluded.

10.2 Any recruitment or transfer arrangement requires separate written agreement. There is no automatic recruitment introduction fee under these Terms. For a breach of clause 10.1, SVC may seek remedies available under law, subject to establishing enforceability and proving recoverable loss.

11 General provisions and governing law

11.1 Neither party is responsible for delay or failure caused by an event beyond its reasonable control which it could not reasonably prevent or overcome. The affected party will notify the other, mitigate the effects and resume performance promptly. This does not excuse payment for services already supplied. If disruption continues for more than 30 calendar days, either party may end the affected Services on written notice; unused advance fees will be refunded after accounting for properly due work and commitments.

11.2 Contractual notices must be sent to the email or postal address stated in the Proposal, or an updated address notified in writing. Unless another address is agreed, notices to SVC may be sent to admin@svcsafety.co.uk. Email notices take effect when acknowledged or otherwise shown to have been received; a delivery failure message is not receipt. This clause does not govern service of legal proceedings.

11.3 The parties will first refer disputes to their authorised senior representatives and consider mediation where appropriate. This does not prevent urgent court relief or recovery of undisputed debt. The agreement is governed by the law of England and Wales and its courts have exclusive jurisdiction.

11.4 If a provision is invalid, the remaining provisions continue so far as legally possible. No person other than the parties may enforce this agreement under the Contracts (Rights of Third Parties) Act 1999. Failure to enforce a right is not a waiver. SVC may use competent subcontractors subject to applicable confidentiality and data obligations and remains responsible for their agreed work.

11.5 A client may request a copy of the version of these Terms applicable to its Agreement. Later versions apply only to new appointments, renewals or variations where expressly agreed. Each party should retain the accepted Proposal and the applicable version for its records.