Terms & Conditions

These terms apply to the provision of free or paid-for information and consultancy services on health, safety, environment and quality management.  They cover information in any format including but not limited to electronic, hardcopy, personally delivered / verbal, document templates, risk assessment and method statement templates, health and safety checklists, newsletters, blogs, telephone and over-email support, ISO support and any combinations of these formats as issued or provided as updated service and information packages. 

These terms and conditions will be interpreted in accordance with the Laws of England and Wales. 

Definitions

  • ‘Client’ means the person or organisation who purchases services from Artifex Gold International Limited.
  • ‘Consultant’ or ‘Consultancy’ means the supplier of the services.
  • ‘Proposal’ means the written proposal submitted to the Client by Artifex Gold International Limited.
  • Proposals are valid for 1 month from the date of the proposal or earlier if stated in the proposal.
  • Any Travel and subsistence expenses are re-charged as agreed.
  • Work will be invoiced at the end of the project or monthly, depending on the details of the project.
  • These terms shall apply to the exclusion of all other terms and conditions including any terms which a Client may purport to apply under any confirmation of instruction or similar document.
  • Payment is due within 30 days from date of invoice. 

Assignment and Terms of Reference

The Consultancy agrees to carry out the Assignment in accordance with the Proposal provided.  

The Client agrees to cooperate with the Consultancy in the performance of the Consultancy’s services and to give such support, facilities and information as may be reasonably required. 

Pricing

Consultancy

  • The Client agrees to pay the charges and expenses in accordance with the provisions in our Proposal.
  • During any period in which payments from the Client are overdue, the obligations of the Consultancy may be suspended.
  • The Consultancy reserves the right to change the price if this results from reasons beyond their control. We will use our best endeavours to notify our clients of any such changes.

Subscriptions

  • The price payable for subscription services after the initial 12 month subscription period is the price advised by the Consultancy when notifying the Client of the forthcoming renewal or the Consultancy’s list renewal price at the 12 month anniversary of the commencement of the subscription.
  • The subscription price is not refundable either in whole or in part without express agreement from the Consultancy.
  • The Consultancy reserves the right to change the price if this results from reasons beyond their control. We will use our best endeavours to notify our clients of any such changes.

Discounts

  • Any discounts agreed by the Consultancy will only remain in effect for the duration agreed.

Payment

  • Clients shall pay the amounts due in full via BACS, or in 12 monthly instalments for subscriptions.
  • Payment for invoiced services and goods are due within thirty days of invoice, in the currency of the invoice and drawn on a UK based bank or any other such method as agreed by the Consultancy.
  • Failure to pay all outstanding amounts by the due date may result in the withholding of further services and supplies to the Client. 

How to Pay

  • BACS payments should be made using the bank details stated on the Artifex Gold International Limited invoice.

Consultancy Cancellation Terms

The following cancellation charges apply once a proposal has been confirmed with a written Purchase Order or Contract. We will consider each case before applying cancellation charges but where cancellation is unavoidable and impacts our business, we reserve the right to apply the following charges: –

  • Cancellation or postponement less than 10 working days before the agreed start date, we will charge up to 50% of the fee.
  • Cancellation or postponement less than 5 working days before the agreed start date, we will charge up to 100% of the fee. 

Subscriptions Term and Termination

  • The Consultancy will notify the Client in writing of the price payable for the following 12-month contract period before the end date of the existing agreement.
  • The Subscription Period begins on the date of the order and lasts for an initial period of 12 months unless otherwise agreed.
  • The Subscription continues automatically for successive periods of 12 months unless terminated by either party.
  • The Subscription Termination must be notified in writing by either party no less than thirty days before the order commencement date.

Confidentiality

The Consultant undertakes not at any time to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Client other than to sub-contractors who have signed an appropriate non-disclosure undertaking or others where the Client has expressly or impliedly consented to the disclosure.

Intellectual Property

The Consultancy undertakes not to cause or permit anything which may damage or endanger the intellectual property of the Client or the Client’s title to it or assist or allow others to do so.

All copyright and other intellectual property rights remain the property of the Consultancy unless expressly stated that the copyright belongs to a third party.

The Client’s subscription does not give the Client any intellectual property rights. The Client shall not engage in any unauthorised use, copying or distribution of the information or consultancy services.

Liability
Great care is taken in the compilation and preparation of Consultancy services and information to ensure accuracy and the Client will make every endeavour to remedy any errors or attributable omissions. However, the Consultancy does not warrant that the information is accurate or complete.

The Consultant shall have no liability to the Client for any indirect, special or consequential loss to the Client arising out of or in connection with the provision of any goods or services pursuant to this agreement (except in respect of death or personal injury resulting from negligence).

In no event will the Consultancy be liable for damages of any kind, direct, indirect or consequential (including, but not limited to, loss of profits) however arising, even if the Consultancy has been advised of the possibility of such damage. The Consultancy does not guarantee the accuracy, content, or timeliness of online or electronic services or of its consultancy services or that they or related systems are free from viruses or other contaminating or destructive properties. 

At all times it remains the sole responsibility of the Client to ensure that they remain compliant with applicable legal requirements and the Consultancy accepts no liability for the Client in this respect either with regards to the Client’s prosecution, involvement in a civil dispute or other financial or reputational penalty relating to non-compliance.  The consultancy shall always endeavour to provide best advice. 

The Consultancy’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise with respect of any claim arising in respect of its acts or omissions shall be limited to the total sums received by the Consultancy. 

Termination for Breach

Failure on the part of the Client to make punctual payment of all sums due to the Consultant under the terms of this agreement.

Failure on the part of the Consultant to remedy any breach of its obligations hereunder within a reasonable time following written notice from the Client which refers to this clause; specifies the breach with full particulars; indicates how the breach is to be remedied and specifies the Client’s opinion of a reasonable time for remedy.

Termination and Consequences

In the event of this agreement being terminated, the Client shall immediately pay to the Consultant any sums due under the terms of this agreement. 

Consultant’s Outputs, Materials and Information

All intellectual property rights including copyright which are capable of existing in any documents, computer software or information or (without limit) other materials created or provided pursuant to this contract by the Consultant shall be and remain the Consultant’s property.

The Client undertakes to keep all materials, documents and information provided to it by the Consultant confidential to itself and its employees and not to distribute any product of the services provided hereunder to any third party without the Consultant’s prior written consent.

Force Majeure

Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible, whereupon all money accrued due under this agreement shall be paid.

Law and Jurisdiction

This agreement shall be governed by English law in every particular, including formation and interpretation and shall be deemed to have been made in England.

Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England or Wales.

The submission by the parties to such jurisdiction shall not limit the right of the Consultant to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.

In the event that the Client is resident outside England, its address for service in England shall be the address for such service nominated in this agreement and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Client.

Waiver

Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.

Status of Consultant

The Consultant shall be an independent contractor and not the employee of the Client.

In such capacity, the Consultant shall bear exclusive responsibility for the discharge of any income tax and VAT liability arising out of remuneration for the work performed by him or her under this agreement.

Assignment of Sub-Contracting

The Consultant shall be entitled to sub-contract any of its rights or duties under this agreement with written agreement from the Client.

Mediation

In the event of any dispute arising between the parties in connection with this agreement, the parties will in good faith seek to resolve that dispute through mediation. The mediator shall be agreed upon within seven days of one-party requesting mediation. Unless otherwise agreed, the parties shall share equally the costs of the mediation. If the dispute is not resolved within 30 days or one of the parties refuses to participate in mediation, the dispute shall be resolved by way of litigation.

Nothing in this clause shall prevent either party seeking a preliminary injunction or other judicial relief at any time if in its judgment such action is necessary nor shall the Consultant be precluded from issuing proceedings or taking any other step in relation to the non-payment of monies due.

Privacy Policy

Data Protection Act 1998 – By providing your details to Artifex Gold International Limited, you agree to us processing and storing your data for the provision of products and services, analysis and administration purposes. This information will only be shared with other partner businesses and not with any other organisation.

In the future we may contact you by mail, telephone, e-mail, fax or other means for marketing purposes. You can opt out of receiving further marketing communications or restrict these as required.

Contact us at: Artifex Gold International Limited, Farnborough Airport, The Hub, Fowler Avenue, Farnborough, United Kingdom, GU14 7JF and state whether you wish to either: 

  1. opt out of all further marketing communications.

or

  1. opt out of all further marketing communications except those that are designed to update you on new services and products.

As part of our commitment to quality client service, telephone calls may be monitored. 

Please refer to our Privacy Policy Document for more information. The document sets out how Artifex Gold International Limited intends to protect your privacy and describes your rights and the manner in which any information that can be associated with you (including, for example, your name, address, telephone number, e-mail address and information about your on-line activities) (“Personal Information”), will be collected and used. 

COVID-19

The current COVID-19 pandemic has changed how industries and organisations across the UK and the world are conducting business.  The virus has brought uncertainty and apprehension into the most routine interactions. 

We are being proactive in trying to limit risk but our consultancy services cannot eliminate the elevated risk that any interaction poses.  The information and consultancy services pertaining to COVID-19 are based on guidance issued by the UK Government and health authorities, including the World Health Organisation (WHO).

We aim to provide our clients with services to support their drive for continued economic stability and safety but we are operating in unchartered territory with both the likelihood of the transmission of COVID-19 and the severity of the risk and illness associated with it high, therefore, it is the responsibility of everyone to act in a responsible way.