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Property Health Services Terms & Conditions these terms and conditions are based on supplier duties and customer duty of service Definitions.

  1. ‘Programme’ shall mean the period of time in which the Supplier will supply the
  2. ‘Properties’ (singular or plural) shall mean all properties and premises or any one of them as detailed on the Order Form or any Schedule and which are to be the subject of the Services, which are in the control of the Client and which the Client is managing on behalf of itself or on behalf of a landlord or
  3. ‘Services’ shall mean the undertaking and provision of a Fire Safety/Gas safety/PAT/EPC and Legionella Risk Assessment annually in accordance with the provisions of the Health and Safety Executive’s Approved Code of Practice & Guidance ‘Legionnaires’ Disease’ (ACOP L8) as amended from time to time and as more particularly described under ‘Our Duties’.
  4. ‘Supplier’ and ‘Client’ shall include their employees, agents, consultants and
  5. ‘Unit Charge’ shall mean the per-unit charge payable for each Property for the Services as specified on the Order Form
  6. Law covers the legal duty of all UK landlords as well as NHS Doctors surgeries.
  7. The Order Form constitutes an offer by the Client to purchase Services from the Supplier in accordance with these Terms and Conditions (the Order). No terms and conditions of the Client shall be binding on the Supplier. The Order shall only be deemed to be active when the Supplier issues written or verbal acceptance of the Order at which point and on which date the Contract shall come in to existence. In view of the nature of the Services, any Order, once confirmed by the Supplier, is not cancellable it covers Automatic renewal that shall take place every year on the same day if possible.
  8. It is the Client’s responsibility to ensure that throughout the course of the Initial Term or Renewal Term, all Properties which are the subject of the Order (whether part of the Order Form or included mid-term) are notified to the Supplier before the end of the then current terms as being either active or dormant (and by updating the individual Property details as appropriate on the Supplier’s database).
  9. All active Properties will be automatically included in the Renewal Term and invoiced

Supply of Services

  1. The Supplier shall use all reasonable endeavours to meet any Programme Start Date specified in the Order, but time shall not be of the essence within the
  2. The Client may include a new Property within the Programme Mid-term, and that Property shall be deemed to be included within this Order including any Renewal Term, so that the mid-term Property shall thereafter be in line with this Order and the
  3. The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or health and safety requirement, or which do not materially affect the nature or quality of the
  4. The Supplier shall have the right to suspend the Services in the event of technical or other problems or difficulties, or in order to make any variations to the Order as requested by the
  5. The suppliers does not take legal responsibility for any damages or risk assessments apart from being engaged as the advising risk assessment party.
  6. The Supplier will contact the Client in advance where this occurs, except in an emergency. The Client is not required to pay for the Services whilst they are suspended under this Clause 15 but this does not affect the Client’s obligation to pay any invoices the Supplier has already
  7. The Supplier warrants to the Client that the Services will be provided using reasonable care and skill and shall use reasonable endeavors to observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Properties and which have been communicated to the Supplier under Clause. All members of the PHS branded approval have all fully qualified association identify and meet those standards of their
  8. The Client shall:
  • Ensure that the terms of the Order are complete and accurate, and co-operate with the Supplier in all matters relating to the Services;
  • Comply with the requirements as described under ‘Your Duties’;
  • Provide the Supplier with access to the Client’s premises, the Properties and other facilities as reasonably required by the Supplier;
  • Inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Properties;
  • Provide the Supplier with such information and materials as the Supplier may reasonably require including any landlord, owner, tenant or occupier’s details in order to supply the Services, and ensure that such information is accurate in all material respects; and
  • Obtain and maintain all necessary licenses, permissions and consents that may be required before the Programme Start Date or as necessary throughout the Programme
  • Pay the supplier in accordance to the agreement and on time

The Client shall pay each invoice submitted by the Supplier in full (without deduction, set-off or counter-claim) at time of expiry. The client shall pay to the supplier the invoiced presented for each property.

  1. All data remains the property of the client. PHS is a member of the DPA
  2. The Client agrees that the Supplier and its associated or affiliated companies or entities may use the Client’s name, logo and trade marks for public relations activities including, without limitation, client lists and creating a written case study on websites or promotional or marketing materials but written permission must be given.

Confidentiality

    Neither party may use or disclose to any other person or entity the other’s confidential information, including but not limited to information or material relating to the other’s business, for any purpose other than performing this Contract. This provision shall not apply to information or material which is or becomes public

    Knowledge by means other than a breach by a party to this Contract or as required by disclosing by law or as otherwise providing for in this agreement.

    1. Both parties warrant that they are registered under the Data Protection Each party will comply with the Act including but not limited to its obligations in respect of any personal data, which it may supply to or receive from the other party.

    Limitation of Liability

    1. The supplier’s services are to act as a risk assessment company providing information on the risks associated property health and wellbeing to help with advising on surgery compliance
    2. Termination

    Upon termination for any reason the Client shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied.

    Assignment and Subcontracting

    1. The Supplier shall be entitled to subcontract all or any part of the Services and to assign, transfer, charge or deal in any other manner with all or any of its rights under the
    2. The Client shall not, without the prior written consent of the Supplier, assign, transfer, charge or deal in any other manner with all or any of its rights or obligations under the

    General

    1. Force Majeure: The Supplier shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of an event beyond its reasonable control or for any other unexpected or exceptional cause or
    2. Waiver: A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall

    Constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

    1. Governing Law and Jurisdiction: This Contract shall be subject to and construed in accordance with the laws of England, and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of Scotland should the customers be also operating in
    2. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier
    3. These Terms and Conditions are between Property Health Services the brand and National Legionella Information Centre, which are trading styles of We Value You Limited and you the

    For any further assistance or advice on your legal responsibilities for Compliance advice please do hesitate to call or email one of our experienced staff on 0131 510 3203 and we will be happy to offer you free impartial advice.
    (see signed service agreement)

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