Greenberg and Bernstein Ltd. Terms of Business

1. Payment Terms and Commitment

Payment Terms:
Payment for our services will be as follows:
– An upfront payment for the initial 3 months of service.
– Subsequent monthly payments at the start of each month for ongoing services.

These payment terms demonstrate your commitment to our services and your desire to enhance your business success.

2. Contract Details

Company Details:
Greenberg and Bernstein Ltd, a company registered in England under company number 14137352, with its registered address at 20-22 Wenlock Road, London, N1 7GU, hereinafter referred to as “the Company.”

3. Definitions and Interpretations

1. Definitions:
In these Terms and Conditions:
– “Acceptance” refers to your acceptance of our Proposal, which includes the acceptance of these Terms and Conditions.
– “Client” refers to the individual, firm, or corporate body purchasing our services.
– “Code of Conduct” is our Code of Conduct, provided to you upon Acceptance.
– “Competent Person” has the same meaning as stated in The Management of Health and Safety at Work Regulations 1999.
– “Contract” refers to the agreement formed upon your acceptance of our services, incorporating these Terms and Conditions.
– “Principal Designer” has the same meaning as specified in the Construction (Design and Management) Regulations 2015.
– “Proposal” is our proposal to provide services, valid for 30 days, as detailed in our letter of appointment.
– “Services” encompasses the services detailed in our Proposal and associated products.
– “Term” denotes the duration of this Contract as defined in clauses 2 and 13.

4. The Contract

Formation of Contract:
The Contract is established upon your Acceptance, including acceptance of these Terms and Conditions. We will issue a letter of appointment confirming the services to be provided. Any additional terms or conditions proposed by you will not apply unless agreed to in writing by us.

Contract Duration:
The Contract duration can be one of the following:
– One-off basis for the project duration (with a 10% time allowance).
– An ongoing rolling annual basis. The specific duration will be outlined in our Proposal. For rolling contracts, they will renew automatically unless terminated with a written notice as described in clause 13.

5. Documentation and Advice

Client Responsibilities:
You are responsible for providing accurate and timely information necessary for us to provide our services. You must also ensure the correct implementation of our recommendations and any documentation provided. We will not be responsible for any adverse consequences resulting from incorrect information or the Client’s actions regarding our advice.

6. Principal Designer and Competent Person

Designation Restrictions:
You may not refer to us as your Principal Designer or Competent Person without our written authorization and payment for relevant services.

7. Training

Training Payment:
Payment for training services must be made at least 7 days in advance of the session. Failure to do so may result in session cancellation.

Delegate Responsibilities:
You are responsible for your delegates during training. Disruptive behavior may lead to the removal of a delegate from the session.

8. Fees and Payment

Payment Terms:
You agree to pay the fees detailed in our Proposal within 30 days of the invoice date, in pounds sterling. Additional charges may apply for travel, materials, and third-party goods and services.

Deposit:
We request a deposit of 3 months upfront before commencing work, as specified in our Proposal.

9. Client’s Responsibilities

You agree to make timely payments, provide necessary information, appoint a primary contact, carry out preparatory and follow-up work, and adhere to relevant regulations.

10. Site Visits and Meetings

Cancellation and Costs:
A 48-hour notice is required to cancel or reschedule site visits or meetings. Failure to provide this notice may result in additional fees.

Delays and Costs:
Any delays caused by the Client may result in additional charges, including delays in providing information or failing to follow recommendations.

11. Errors or Discrepancies

You are responsible for the accuracy of the information provided. We may adjust the order value if errors or discrepancies are identified.

12. Variation and Amendments

Any variations to the services must be notified in writing, and additional costs incurred will be invoiced. We may also make changes due to unforeseen circumstances, notifying you promptly.

13. Termination

The Contract may terminate as outlined in the Proposal or automatically renew. Either party may terminate the Contract by providing a minimum of 28 days’ notice before the end of the Term, except in cases of breach, where immediate termination may occur.

14. Confidentiality

Both parties agree to maintain the confidentiality of shared information, except where required by law or authorized in writing.

15. Literature and Representations

Marketing literature serves as a guide and does not form part of the Contract. No representations made by our employees or agents are valid unless confirmed in writing.

16. Intellectual Property

We retain intellectual property rights in our services. Material provided by us may not be used, reproduced, or circulated without our written consent.

17. No Employment

This Contract does not establish an employment or agency relationship between the parties.

18. Assignment and Sub-Contracting

The Client may not assign the Contract, while we may sub-contract without your prior consent.

19. Liability and Indemnity

We limit our liability as specified in these Terms and Conditions. You agree to indemnify us against certain claims and losses.

20. Restrictive Covenants

The Client agrees not to solicit our employees or contractors for a specified period after the Contract’s termination.

21. Force Majeure

Neither party is liable for delays or failures in performance due to causes beyond their reasonable control.

22. Waiver

Failure to enforce any provision of these Terms and Conditions does not waive the right to enforce it later.

23. Severance

If any provision is found unlawful or unenforceable, the rest of these Terms and Conditions remain valid.

24. Data Protection

Both parties agree to comply with data protection legislation.

25. Third Party Rights

This Contract does not confer rights on third parties.

26. Notices

Notices must be in writing and sent to the last provided address or email address.

27. Law and Jurisdiction

These Terms and Conditions and the Contract are governed by English law, and any disputes will be subject to the jurisdiction of the English courts.