The Company: Definitive PSA Ltd t/a Secure24 (S24)
The Client: The person, agency, authority, hospital, firm, or client contracting with the Company by requesting services.
By making a service request by telephone, email or via our on-line booking procedure the Client agrees to be bound by these terms and conditions of service. The Client also understands where they are requesting services on behalf of a different organisation, it is the Client who remains accountable to these terms And conditions.
Availability and Response times
Services are subject to availability and response times will be estimated to the Client at the point services are confirmed.
Unless otherwise agreed in writing, the charges are calculated as per our latest rate card which can be issued on request. The Company reserve the right to increase or decrease rates during any agreement period in respect of providing a better service and in respect to inflation or deflation occurrences, this will be notified to the Client before the change takes place. Upon requesting services, the Client or their representative hereby acknowledges that the service has not been induced by any representation orally or in writing by the Company, their employees or agents, save for the representation that the company will in fulfilling this agreement provide the Client with a service in accordance with its requirements as communicated to the Company.
The Client understands and accepts full responsibility for the payment of all our invoice(s) relating to service requests made by their staff or external partners on its behalf. If the Client or staff on behalf of the Client request Secure24 services on behalf of other organisations, the Clients accepts full responsibility to pay for the service upon receipt of an invoice and to recover their costs alone. In the absence of valid cost codes or PO numbers, the Client fully agrees to and accepts our Task Number and or backing data as a viable and alternative means to authorise and pay our invoices on time. For invoices not paid within 60 days, a letter before action will be sent to the Client by email, if after 7 days no payment is received our Solicitors will be instructed to recover the debt without further notice, in this instance the Client may incur additional charges and Enforcement Officers may attend the Clients premises. All invoices will be addressed to the Clients central accounts department, if a bureau service such as Trade-Shift is used by the Client, the Client remains fully accountable for any invoice.
Unless acts of negligence by the Company are proven, the Company shall not be liable for indirect or consequential loss to the Client’s operation arising from third party claims occasioned by errors in supplying the service or by delay in delivery. The Company accepts no liability financially or legally as a result of the Clients misuse of its services.
The Company accepts no responsibility whatsoever for any damages caused to the client’s property or property of the clients users whilst carrying out their services to the client.
The Company policy is one of constant improvement. We reserve the right to alter the specification of any service at our discretion at any time without notice. We also reserve the right because of difficulties in obtaining supplies, to use at our discretion equipment and materials other than those specified providing this does not materially affect the performance of the service.
If the Client ceases to pay their debts in the ordinary course of business, or cannot pay its debts as they become due, or being a company deemed to be unable to pay its debts, or a winding up petition issued against it, or being a person commits an act of bankruptcy, or a bankruptcy petition issued against them, the Company without prejudice to other remedies shall: Have the right with immediate effect to suspend any services to the Client, and be entitled to charge for services already carried out (whether completed or not) and equipment purchased by the Company to carry out any requested services by the Client, such charges to be an immediate debt due to the Company. In respect of all unpaid debts due from the client have a general lien on all equipment or services and in the Company possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such equipment or property in such a manner and at such cost the Company thinks fit and to apply the proceeds towards such debts. Carriage to be paid to the Company’s delivery address unless otherwise stipulated.
Any waiting time or denied access in excess of 15 minutes to any service site will be charged on a time basis as required and this denied access may affect the quality of service being provided to the Client which the Company accepts no responsibility for. In order to ensure the Company can maintain operational efficiency, if waiting time exceeds 60 minutes, the Client understands the Company will, if needed, divert their team to other tasks. In such case the Company will work with the Client to arrange an alternative service time/date if required but without any guarantee.
If a service (task) is cancelled by the Client within 2 hours of its due time, either a minimum £290.00 charge or the cost of the task will be charged, whichever is greater.
In the event waiting time exceeds 60 minutes without authorisation from the Company, the Client accepts that it relinquishes it right to the service. In this case the Company may cancel the service so that others in need can be attended. In this case the cost of task will be charged and the Company will liaise with the Client to reschedule the service.
The Company reserve the right at its absolute discretion, to cancel shifts/tasks where necessary due to circumstances beyond its control. This will include all incidents that are usually described as “Force Majeure”. In these cases, the Company shall bear no liability for any Client losses or costs.
The Company has limited space on vehicles for luggage. 2x luggage bags with approximate dimensions of 56x45x25cm are permitted to travel with the Service User. There may be some flexibility at the discretion of the team if dimensions or bag numbers exceed those stated. Electrical items that are unable to be stowed in luggage bags are not permitted for travel.
Additional passengers will only be transported at the discretion of the Team Leader and only if they sign the Company’s Supporting Passengers Indemnity Form.
Use of Facilities
The Client agrees to the Company using their facilities without charge in respect of staff refreshments, welfare and the cleaning of any vehicles including those that may have become contaminated.
Body Worn Video/ CCTV
The Client accepts that the Company use a range of audio and visual equipment in the interest of safety and security. In the event the Client wishes for any recording not to take place they must consult a member of the Company staff who will support such requested unless there is a concern for the safety and security of the staff/service user or conduct of others that may be recorded for evidence purposes.
Best Endeavours Clause
The Company will use their best endeavours to secure delivery and provision of the service on the estimated commencement dates and times, but they do not guarantee dates or times of service delivery, nor shall they be liable for any damage or claims of any kind in respect of delay of delivery of service.
The Company shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the client may by written notice to the Company, elect to terminate the contract and pay for work done and materials used, but subject there to shall otherwise accept delivery when available.