TERMS AND CONDITIONS
Version 9 – Last Updated 170723
PAYMENT OF INVOICES
The Client shall pay each invoice submitted to it by SMC Safety Services Ltd (SMCSS), in full and in cleared funds, by the date stated on the invoice, to a bank account
nominated by SMCSS or via company cheque. Without prejudice to any other right or remedy that it may have, if the Client fails to pay SMCSS on the due date, SMCSS
may: (a) charge interest on such sum from the due date for payment at the rate of 1.5% above Bank of England Base rate per calendar month or part thereof, whether
before or after any judgment and the Client shall pay the interest immediately on demand; and (b) suspend all services until payment has been made in full.
NOTIFICATION OF QUERIES
Any query regarding an SMCSS invoice must be taken up in writing (preferably by email) within fourteen days of invoice. Any query not notified in writing within this
period will not be entertained.
TERMINATION OF CONTRACT
On termination of the contract for any reason:
(a) The Client shall immediately pay to SMCSS all of SMCSS outstanding unpaid invoices and interest, in respect of services supplied but for which no invoice has been
submitted, SMCSS may submit an invoice, which will be payable immediately upon receipt; (b) The Client shall return all of SMCSS equipment, pre-existing materials
and deliverables. If the Client fails to do so, then SMCSS may enter the Client’s premises and take possession of them.
Until they have been returned or repossessed, the Client shall be solely responsible for their safe keeping; and (c) The accrued rights and liabilities of the parties as at
termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected. (d) 3 months’ notice is required by
both parties to terminate agreement unless otherwise agreed.
MOTOR MILEAGE RATE/TOLLS & CONGESTION CHARGES
Mileage will be charged at £0.70 per mile unless otherwise agreed. Any tolls or congestion charges incurred by SMCSS whilst carrying out duties for the Client will be
borne by the Client.
CONFIRMATION OF COURSE/ORDERS
All course and orders must be confirmed by the Client prior to commencement of any course, or the despatch of an order. In cases where training may be completed
prior to receipt of a written confirmation or order, then this completion will be taken as an acceptance of our confirmation by the Client, and our normal terms of
settlement shall apply, notwithstanding the fact that SMCSS has not received official written confirmation.
TRAINING – ADDITIONAL COSTS
Additional expenses incurred dependant on venue location will be confirmed in advance of booking any course. Rates levied by training bodies i.e. IOSH, CITB etc will
be borne by the Client and can be confirmed in advance.
TRAINING – CANCELLATION CLAUSES
In the event of any cancellation of any trainees attending a training course, the following will apply:

All training courses must be paid when booking. Cancellations will only be accepted prior to 28 days of start date.
TRAINABLE ASSESSMENTS/COMPETENCE TESTING
If in the opinion of our instructors any trainee is considered to be un-trainable, they will be tactfully requested to return to their Company, the original course fee will be
charged. In the event of a trainee failing a basic practical skills test at the course conclusion, a short period of remedial training would be given, and the trainee retested.
CONFIDENTIALITY
SMCSS agree that we will not disclose to anyone or use for our own or another’s benefit, any confidential information about the Clients’ business that is acquired during
our engagement or on termination of our contract. All records and papers of the Client of any description will be delivered to them immediately on the termination of our
engagement.
CLIENTS OBLIGATIONS
If SMCSS performance of its obligations under the contract is prevented or delayed by an act or omission of the Client, its agents, subcontractors, consultants or
employees, SMCSS shall not be liable for any costs, charges or losses sustained or incurred by SMCSS arising directly or indirectly from such prevention or delay and;
The Client shall be liable to pay to SMCSS, on demand all reasonable costs, charges or losses sustained or incurred by SMCSS (including, without limitation, any direct,
indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury or death of any person and loss of
opportunity to deploy resources elsewhere) arising directly or indirectly from the Clients fraud, negligence, failure to perform or delay in the performance of any of its
obligations under the contract, subject to SMCSS confirming such costs, charges and losses to the Client in writing. The Client shall not, without prior written consent of
SMCSS, at any time from the date of the contract to the expiry of 6 months after the termination of the contract, solicit or entice away from SMCSS or employ (or attempt
to employ) any person who is or had been, engaged as an employee, consultant, or subcontractor of SMCSS in the provision of the services.
SEVERANCE
If any provision of the contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that
provision or part provision shall. To the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the
contract shall not be affected.
PROFESSIONAL INDEMNITY, EMPLOYERS & PUBLIC LIABILITY INSURANCE
SMCSS is fully covered by Professional Indemnity, Employers & Public Liability Insurance in respect of all their services, and for on-site training at the Client’s premises,
with a total cover of £10,000,000.
TAX
All services are subject to Value Added Tax at the appropriate rate (unless exempt). SMCSS will be responsible for all income tax liabilities and national insurance or
similar contributions in respect of our fees.
MISCELLANEOUS
Assignment – the Client is not entitled to assign the contract without SMCSS consent, but SMCSS may do so without the Client’s consent.
GENERAL
SMCSS will decide the manner in which our services are performed but will comply with all reasonable requests from the Client.
If any provision in these conditions is held by any competent court of law to be invalid or unenforceable in whole or part, the validity of the other provisions of these
conditions and the remainder of the provisions in questions shall not be adversely affected hereby.
SMCSS shall not be liable to The Client, nor be deemed to be in breach of any of these conditions by reason of any delay in performing, or failure to perform, any
obligation of these conditions due to any of the following causes which are beyond its control:
a. Act of God, explosion, flood, tempest, fire, or accident.
b. War or threat of war, sabotage, insurrection, civil disturbance or requisition, or act of terrorism.
c. Acts, restrictions, byelaws, regulations, prohibitions, or measures of any kind on the part of any governmental, parliamentary, or local authority.
d. Strikes lock outs, or other trade disputes.
e. Power failure or breakdown in machinery.
This contract shall be governed by the laws of England and Wales to the exclusive jurisdiction of whose courts both you and I submit. Notwithstanding anything to the
contrary, in the absence of any specific condition, English Common Law applies.
PLEASE NOTE THAT THE ABOVE TERMS AND CONDITIONS OF BUSINESS APPLY UNLESS OTHERWISE AGREED IN WRITING BY A DIRECTOR OF SMC
SAFETY SERVICES t/a SMC SAFETY SOLUTIONS.
SMC Safety Solutions is a trading name of ‘SMC Safety Services Ltd’
Registered in England Number: 10923074
Registered Office: Unit 6, Berewyk Court Hall, White Colne, Essex. CO6 2QB
VAT Registration Number: 277 3823 70
Directors: Steve Couch (Managing Director) & Sarah Couch (Finance Director)

SMCSS reserves the right to cancel any course. SMCSS will endeavour to give trainees as much notice as possible of cancellations and either offer alternative dates
or a full refund of the course fees.