Terms and Conditions
These terms and conditions form the contract between you and JS Transport Management Services Ltd - T/A Total Compliance (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are JS Transport Management Services Ltd - T/A Total Compliance, a company registered in England and Wales, under number 09915888. Our registered address is Great Ponton House, Great North Road, Great Ponton, Lincolnshire, NG33 5AG
You are: Anyone who uses or accesses Our Website.
Please read this agreement carefully and save it if you need to refer to it later. If you do not agree with this policy, you must leave Our Website immediately.
These are the agreed terms which form the contract.
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
"Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registerable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
“Services” means the service provided from Our Website.
2. Intellectual Property
You agree that at all times you will:
2.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
2.2. notify us of any suspected infringement of the Intellectual Property;
2.3. so far as concerns our work provided or made accessible by us to you, you will not:
2.3.1 copy, or make any change to any part of its code;
2.3.2 use it in any way not anticipated by this agreement;
2.3.3 give access to it to any other person than you, the licensee in this agreement;
2.3.4 in any way provide any information about it to any other person or generally.
2.4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
3. Disclaimers and limitation of liability
3.1. The law differs from one country to another. This paragraph applies so far as the applicable law of England and Wales allows.
3.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3.4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
3.5. The Total Compliance Website and Total Compliance Services are provided “as is”. We make no representation or warranty that Our Website will be:
3.5.1 useful to you;
3.5.2 of satisfactory quality;
3.5.3 fit for a particular purpose;
3.5.4 available or accessible, without interruption, or without error.
3.6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
3.7. We accept no responsibility for third-party advertisements which are posted on Our Website or through the Services;
3.8. We shall not be liable to you for any loss or expense which is:
3.8.1 Any indirect or consequential loss; or
3.8.2 Any economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
3.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 as well as to ourselves.
4. Cancellation of Services
4.1. If a customer wishes to cancel any services, including training, consultancy service, auditing, and any other service provided by The Company, they must inform The Company, in writing within 14 days of booking. If cancellation is received later than 28 days of booking, cancellation fees apply.
4.2. Cancellation of services incur 100% of the costs if cancelled within 14 days of the service being provided, 50% of the costs if cancelled within 21 days of the service being provided.
4.3. FORS Consultancy services are charged in full as quoted once the service has been confirmed. All charges apply if services are cancelled throughout the service process.
4.4. FORS Retainer customers must provide written confirmation of 90 days notice period for cancellation of services.
4.5. Changes to any of our services are at the discretion of The Company.
5.1. The Company requires the customer to complete a customer application form to provide accurate details.
5.2. The Company issues the customer with a VAT invoice for payment of services being provided.
5.3. The Customer shall pay all invoices, in full, when they fall due. Payment is due in advance of some services being provided, including new Customers, ticket sales and individual course bookings. Where a credit provision is provided, all invoices are due for payment in full on 30 days.
5.4. Disputed Invoices - any disputes regarding our invoices must be reported to the company in writing within 14 days of the invoice issue date. The written notification must clearly state that the recipient is disputing the invoice and provide detailed reasons for the dispute. Failure to report a disputed invoice within this timeframe will be considered as an acknowledgment and acceptance of the invoice as originally presented.
5.5. Time of payment must be adhered to in accordance with the issuing of the invoice.
Where sums are not paid in full by the due date, The Company may, without limiting its own rights, charge late payment fees and interest.
· interest is charged at 8% above the Bank of England base rate;
· late payment fees are £50 per invoice up to the value of £1000 excluding vat;
· late payment fees are £100 per invoice over the value of £1000 excluding vat.
5.6. Legal action against The Customer may be taken if payments are not made in accordance with our terms. A minimum fee of £150 plus VAT for the issuing of a court claim would be payable by the customer and in addition to the court fee incurred for the issuing of the claim.
5.7. Annual price reviews are carried out and applied to customers account, or quoted for individual services.
6. Miscellaneous matters
6.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
6.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
6.4. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
· if delivered by hand: on the day of delivery if received before 1630 and handed to a person of seniority - senior manager or director;
· if sent by post to the correct address: within 72 hours of posting, not including weekends;
· If sent by e-mail to the address from which the receiving party has last sent e-mail: immediately served or within 48 working hours if sent by email on a non-business day and no notice of non-receipt has been received by the sender.
6.5. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be resolved through Alternative Dispute Resolution (ADR) and not by litigation and that the ADR will only be held and facilitated in England.