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Health and Safety Managment

SHEA Passports

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Use of Specialist Material

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First Aid at Work

Mental Health

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Electrical Vehicle Charging

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Sustainability and Environmental Awareness

Health, Safety and Environmental Management

Heat Pump Installation

Tools and Equipment
Forklift

Abrasive Wheels

Cable and Underground Avoidance

Pressure Washers & Water Jetting

Locksmith

Asbestos

Confined Spaces

Groundcare
Tree and Hedge Maintenance

Pesticide Application

Use of Mowers, Woodchippers and Tractors

Employee Safety
Safe Working

Safety Management

COSHH & Biohazards

Gas

Electrical
Low Voltage

High Voltage

Authorised / Responsible Person

PAT Testing

Renewables

Electrical Principles

Construction Skills
Health and Safety Awareness & Touchscreen Test

Site Supervision Safety Training Scheme (SSSTS)

Site Management Safety Training Scheme (SMSTS)

Temporary Works

Construction Plant
Excavators

Dumpers & Loaders

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TERMS AND CONDITIONS





RECITALS

The Customer agrees to engage HSS Training Limited (“HSS Training”) to provide
training services on the terms and conditions set out in this agreement. By
submitting a booking form, the Customer agrees to be bound by these terms and
conditions.


1. Definitions  
 * “Attendees” means those person notified by the Customer to HSS Training who
   will attend the Location to receive the Services;
 * “Cancellation Charges” means the cancellation charge to be paid by the
   Customer to HSS Training more particularly defined in clause 6;
 * “Course Date” means the date agreed between HSS Training and the Customer;
 * “Confidential Information” means all information in respect of the business
   of HSS Training including any know-how, and any information marked
   confidential or which are by their nature clearly confidential and any other
   information which, if disclosed, will be liable to cause harm to HSS
   Training;
 * “Customer” means the party that contracts with HSS Training for the Services;
 * "Data Protection Legislation" means all national data protection and privacy
   legislation, regulations and guidance in England and Wales applicable in
   respect of a party from time to time including, without limitation as
   applicable the General Data Protection Regulation (EU) 2016/679 (to the
   extent retained as law in the United Kingdom by s.3 of the European Union
   (withdrawal) Act 2018) and Data Protection Act 2018 and the Privacy and
   Electronic Communications (EC Directive) Regulations 2003;
 * “Location” means the place at which the Services will be provided and
   detailed on the booking form;
 * “Payments” means the amounts to be paid by the Customer to HSS Training as
   course fees for the Services and listed on the booking form as may be varied
   by HSS Training from time to time;
 * "Personal Data" is as defined under the Data Protection Legislation;
 * “Services” means the services to be provided by HSS Training to the Customer
   or a third party pursuant to clause 3.1 and more particularly as listed on
   the booking form or otherwise agreed; and
 * “Working Days” means any day except a Saturday or a Sunday or any public
   holiday in England and Wales.



2. Appointment
 * Provisional booking of the Services can be made by the Customer via the
   telephone, but all provisional bookings must be confirmed in writing by the
   Customer submitting a booking form (which may include submission online)
   within the timescales specified in this clause 2.
 * All booking forms must be returned within five (5) Working Days of the
   provisional booking being made.
 * Where the Course Date is within the next five (5) Working Days all booking
   forms must be returned within forty eight (48) hours of the provisional
   booking being made.
 * Where the Course Date is the next Working Day the booking form must be
   returned within two (2) hours of the time when, or by the close of business
   of the Working Day on which, a provisional booking is made (whichever is
   sooner).
 * The Customer appoints HSS Training to provide the Services in return for the
   Payments.



3. HSS Training’s obligations
3.1 Subject to the Customer’s compliance with these standard terms and
conditions, HSS Training shall:
 * Use reasonable endeavours to provide the Services at the Location on the
   Course Date and shall provide the Customer and the Attendees with reasonable
   access to the Location for the purpose of booking or attending a course;
 * Exercise reasonable skill, care and diligence in providing the Services;
   Deliver all Services provided in English; and
 * Be permitted to assign or subcontract the whole or any part of the Services
   without the consent of the Customer.



4. The Customer’s obligations
4.1 The Customer shall:
 * Ensure that the agreed Attendees attend at the Location on the Course Date at
   the agreed time to receive the Services;
 * Ensure that the Attendees are sufficiently competent to receive the Services;
 * Comply with and shall ensure that when at the Location, all Attendees comply
   with all reasonable instructions of HSS Training and all applicable laws and
   policies (as may be notified to the Customer or the Attendees from time to
   time by HSS Training);
 * Withdraw any Attendee from attendance at the Location upon the reasonable
   request of HSS Training;
 * Pay the Payments on the due dates for payment; and
 * Pay any applicable Cancellation Charges.



5. Payment Terms
5.1 Customers making use of an HSS Training account shall pay all undisputed
invoices within thirty (30) days of receipt without demand, deduction or
set-off.
5.2 All Customers without an HSS Training account must pay in full 20 Working
Days prior to the Course Date or if the Customer books a course within the 20
Working Days prior to the Course Date, the Customer must pay in full when
submitting the Booking Form in accordance with clause 3 or by the end of the
Working Day prior to the Course Date, whichever is the earlier.
5.3 HSS Training reserves the right to charge interest on all unpaid invoices at
the rate of four per cent (4%) over the base rate of the Bank of England
prevailing at the date the invoice becomes overdue. In respect of payments by
the Customer, time shall be of the essence.
5.4 Where attendance on a course results in certification of any Attendees or
the Customer, HSS Training reserves the right to delay such certification until
all Payments have been made by the Customer.


6. Cancellation and Transfer Charges


6.1 HSS Training reserves the right to cancel or alter the Course Dates or the
provision of Services or the Location and the individual or the organisation
providing the Service or make reasonable variations to the courses without prior
notice. In event of cancellation by HSS Training, the booking will normally be
transferred to the next available Course unless the Customer specifically
requests otherwise. Where the Customer cancels any Services or the Attendees
fail to attend at the Location on the Course Date to receive the Services the
following charges will be paid by the Customer to HSS Training:


Cancellation and non attendance:
 * Twenty per cent (20%) of the Payments where cancellation is within twenty
   eight (28) days of the Course Date;
 * One hundred per cent (100%) of the Payments where cancellation is within
   twenty one (21) days of the Course Date;
 * One hundred per cent (100%) of the Payments where the Attendees fail to
   attend at the Location on the Course Date to receive the Services.

6.2 The following additional charges will apply if the Customer transfers the
Course Date to a later date, save that the Customer shall not be required to pay
this additional charge if the transfer is due to cancellation or variation by
HSS Training:
 * One hundred per cent (100%) of the Payments where the Customer transfers the
   Course within four (4) days of the Course Date;
 * Fifty per cent (50%) of the Payments where the Customer transfers the Course
   between five (5) and twenty (20) days of the Course Date;
 * Free of charge for all transfers made twenty one (21) days or greater before
   the Course Date.

6.3 The transfer option only relates to Attendees who are transferring to a
different date on the same course. The choice of course date must be specified
at the time of transfer (otherwise the instruction will be considered a
cancellation). The option to transfer can only be used once for each Attendee,
after which any transfer will be considered a cancellation.
6.4 The Customer may transfer a place on a course for one Attendee to a
substitute Attendee free of charge.
6.5 The Customer may cancel the Services by telephone but such cancellation must
be confirmed immediately in writing (by e-mail or post) to the postal or email
address notified by HSS Training.


7. VAT
7.1 All sums payable under this agreement unless otherwise stated are exclusive
of VAT and other duties or taxes.
7.2 Any VAT or other duties or taxes payable in respect of such sums shall be
payable in addition to such sums and shall become payable by the Customer at the
same time as the Payments.


8. Intellectual Property Rights Confidentiality
8.1 All copyright and other intellectual property rights in all specifications,
drawing, illustrations, diagrams, course literature and other documents issued
by HSS Training will remain the property of HSS Training and may not be
reproduced without permission.
8.2 Customers will and shall procure that Attendees will keep confidential any
and all Confidential Information that it may acquire and shall not use any
Confidential Information for any purpose other than the purpose intended by its
disclosure by HSS Training and as notified to the Customer and/or the Attendee
by HSS Training on disclosure.
8.3 The obligations set out in clause 8.2 above will not apply to any
information which is publicly available or becomes publicly available through no
act or omission of the Customer or Attendee, or of which disclosure is required
by order of a court or regulatory body of competent jurisdiction, and then only
to the extent required to be disclosed.
8.4 No announcement, press release, circular, marketing or other promotion in
connection with HSS Training shall be made by or on behalf of the Customer
without HSS Training’s written consent except if and to the extent required by
law or by any governmental or regulatory authority.


9. Data Protection
9.1 We are the data controller of all Personal Data you provide when booking or
enquiring about a training course. If you provide Personal Data about another
person to us, you should provide them with this information concerning the
processing of their personal data.
9.2 We collect and use this Personal Data to administer your training and comply
with any legal obligations (if applicable). We also process the Personal Data,
where permitted by law, for business analysis, fraud and crime prevention and to
improve our services. These may involve disclosing your data to third parties
such as HMRC and our insurers. In the event of company reorganisation, merger or
buy out, it may be disclosed to a different group company.
9.3 For further information on how we process personal data please see our full
privacy policy which is available at hss.com/hire/privacy-policy or contact us
at Think Park, 1st Floor Building 2, Mosley Road, Manchester, M17 1FQ. Our
privacy policy sets out how to exercise your rights concerning your data.


10. Limitation of liability
10.1 HSS Training does not exclude its liability (if any) to the Customer for a
breach of its obligations arising under Section 2 Sale and Supply of Goods and
Services Act 1982; for personal injury or death resulting from its negligence;
under Section 2(3) Consumer Protection Act 1987; for any matter which it would
be illegal to exclude or to attempt to exclude its liability; or for fraud or
fraudulent misrepresentation.
10.2 Subject to clause 9.1 the total liability of HSS Training to the Customer
for any reason and upon any cause of action shall be limited to the amount of
any Payments and other charges which the Customer has paid to HSS Training under
this agreement.
10.3 Subject to clause 9.1, HSS Training will be under no liability whatsoever
for any:
 * Loss of profit (direct or indirect);
 * Loss of revenue, loss of production or loss of business (in each case whether
   direct or indirect);
 * Loss of goodwill, loss of reputation or loss of opportunity (in each case
   whether direct or indirect);
 * Loss of data (direct or indirect);
 * Loss of anticipated saving or loss of margin (in each case whether direct or
   indirect);
 * Liability of you to third parties (whether direct or indirect); or
 * Indirect, special or consequential loss.



11. Force Majeure
11.1 Neither party shall be liable for any delay or failure to perform its
obligations if such failure or delay is due to Force Majeure.
11.2 For the purpose of this agreement, “Force Majeure” means any act, omission,
cause of circumstance beyond the reasonable control of either party and shall
include but not be limited to war, rebellion, civil commotion, strikes, lock
outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act
of God, flood, drought or other act or order of any government department,
council or other constituted body.


12. Invalidity of any Provision
12.1 In the event of one or more of these terms and conditions or any part
thereof being invalid, illegal or unenforceable in any respect, such term shall
be deemed to be severed from the terms and conditions and the validity, legality
or enforceability of the remaining terms and conditions shall not be affected or
impaired.


13. Entire Agreement
13.1 This agreement constitutes the complete and exclusive statement of the
agreement between the parties as to the subject matter hereof and supersedes all
previous agreements with respect thereto.


14. General Terms
14.1 No variation of these terms and conditions will be effective unless agreed
in writing by a Director of HSS Training. All terms other than those expressly
set out in this agreement are hereby excluded.
1.2 These terms expressly exclude any rights afforded any third party pursuant
to the Contract (Rights of Third Parties) Act 1999.


15. Law and Jurisdiction
15.1 These terms and conditions and any non-contractual obligations arising out
of or in connection with them shall be governed in all respects by the law of
England. The parties agree that the courts of England shall have exclusive
jurisdiction to determine any dispute arising out of or in connection with the
Contract (including in relation to any non-contractual obligations).

Version 15/03/2024


ACCREDITATIONS

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