TERMS AND CONDITIONS

General Terms (Our Services)

  1. These General Terms and Conditions of Rems Bower Consulting (“the Company”) shall govern all services and products provided by the Company with any Client, to the exclusion of all other terms and warranties and representing only the terms upon which the Company trades, notwithstanding any terms and conditions that may be contained in any order or other form of contract entered upon for the provision of our services or from the Client.
  1. Acceptance by the Client of services from the Company, or instruction to the Company to commence work, shall constitute unqualified acceptance of these terms and conditions. Any subsequent provision of services by the Company, shall be deemed to be subject to these conditions.
  1. The Client agrees that if, within 2 years of the last work done for the Client by the Company, the Client directly or indirectly employs any direct or indirect employee of the Company, the Client will pay the Company 1 year’s fee earning capacity of that person which is agreed as being a genuine pre-estimate of the losses to the Company of finding and training a replacement member of staff together with other losses such as the reduced fee earning ability of the Company.
  1. Any stated completion dates for the Services are reasonable estimates only, and time shall not be of the essence. The Company will, however, use our reasonable endeavours to comply with any agreed timetable as agreed by the Company and the Customer.
  1. The Client recognises that for the Company to perform the Services in a timely fashion and to meet any agreed timetable, they must respond to questions, requests for information or clarification, or anything else sought. The Client acknowledges that if they fail to do this the length of time it will take for the Company to carry out the service may be prolonged.
  1. Any estimate, quotation shall constitute an invitation to treat any order or contract placed by a Customer, shall constitute an offer, which the Company may accept or decline.
  1. Without prejudice to the above, the Company reserves the right to withdraw or amend a quotation at any time before receipt of an unqualified order/agreement from the Customer and each quotation shall be deemed withdrawn unless accepted within the period for acceptance stated on the quotation, or if not, such period is stated, 30 days from the date of the quotation.
  1. The Company reserves the right by giving notice before commencing work to increase the price of the Services, to reflect any increase in cost, overhead or similar.
  1. The Company reserves the right at all times to require payments in advance on account and/or forms of personal or parent company guarantee.
  1. Estimated or quoted and any other prices do not include any applicable VAT, unless otherwise stated.
  1. The Client agrees to reimburse the Company for any and all disbursements that are reasonably incurred in the course of providing any services to the Client. These may include, for example: external consultant fees; postage and other courier charges; accommodation expenses; and fees for copying of plans or programmes.
  1. The Company can, if required, conduct proceedings in languages other than English. However, the cost of engaging translation services will be additional to the Company’s normal fees and will be the cost of the translation service, plus 10% for administration.  This is in addition to any extra time necessary for Company staff.
  1. From time to time a fixed fee shall be agreed by both the Client and the Company by means of a written contract, summarising the requirements or work necessary. In those cases, these terms and conditions will apply to all the agreement.
  1. The Client acknowledges that any change in scope of the services, extra work, additions, modifications, alterations or variations, or anything else that might change the service provided may lead to additional fees from the Company. The Company reserves the right to charge for any change in scope of the services, extra work, additions, modifications, alterations or variations, or anything else that might change the service provided, howsoever arising.
  1. Please note any approved third-party costs may be invoiced prior to commissioning and the Company accordingly reserves the right to wait until such costs have been paid before commissioning or commencing such work.
  1. Travel time will be billed at the applicable hourly rate unless otherwise agreed.

General Terms (Our Products including our Academy)

Terms and conditions for Using Rems Bower Academy’s Learning Management System (LMS)

  1. All users of the Rems Bower Academy within the Learning Management System (LMS) must comply with all terms and conditions set forth herein.
  1. Users shall not upload or post any material that violates the rights of any third party or is unlawful, offensive, defamatory, harassing, or otherwise inappropriate.
  1. Users shall not use the Rems Bower Academy (RBA) LMS for any fraudulent or offensive activities.
  1. RBA is not liable for any content posted by users.
  1. All users must keep their accounts secure and not provide login credentials to any third party.
  1. Users agree to indemnify RBA and its affiliates for any claims brought as a result of user content or any other violation of these terms and conditions.
  1. RBA reserves the right to modify or terminate the LMS at any time without prior notice.
  1. RBA reserves the right to delete or remove any user content that it deems to be offensive, inappropriate, or otherwise in violation of these terms and conditions.
  1. All user content posted on the Rems Bower Academy LMS should be educational, non-discrimination and non-derogatory.
  1. The website and its services are not contracts or offers of employment and do not imply any guarantees to any users.
  1. No user or visitor of this website shall be eligible for any employment with any company or other entity due to their access to or use of this website and its services.
  1. All information provided by users, including resumes and profiles, shall not be used for any purpose that sends unsolicited communications or proposals, including recruiting purposes.
  1. By using our website, you hereby agree and acknowledge that we do not offer jobs.
  1. All user content remains the property of the user and RBA is not responsible for its accuracy or reliability.
  1. RBA reserves the right to suspend or terminate a user’s account or access to the LMS at any time in its sole discretion.
  1. All users must comply with all relevant local, state, federal, and international laws and regulations.
  1. By using the Rems Bower Academy LMS, users acknowledge and accept these terms and conditions.
  1. These terms and conditions are subject to change at any time without prior notice.

Payment Policy

  1. All fees are payable at the time that services are rendered, or products purchased unless otherwise stated in writing for a given service or product.
  1. Payments can be made in check, or with a major credit or debit card.
  1. The Client expressly agrees that payment terms are strictly 30 days from the invoice date unless otherwise stated and/or agreed by the Company in writing.
  1. The parties agree that the services provided qualify as a ‘construction contract’ for the purposes of the Housing Grants and Construction Regeneration Act 2006 (as amended). The parties agree that the Company has the right to make applications for payment under this or any contract.
  1. Non-payment by the due date will entitle the Company to suspend further services after 7 (seven) days’ notice.
  1. The Company reserves the right to claim statutory interest at 8% above the Bank of England base rate from the date any invoice becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  1. The Client may not withhold payment in respect of any part or whole price or fee by reason of claims or alleged claims, and except where expressly provided in these conditions, all rights set off in common law and in equity are excluded.
  1. Payment for the purchase of our products, including courses in our Academy, is non-refundable.

Warranty

  1. The Company will provide the services using reasonable care and skill in accordance with the contract/order unless prevented by circumstances beyond their reasonable control or any that could not have been foreseen at the time of entering into the agreement or commencing the work (whichever was earlier).
  1. The Client expressly agrees to accept reasonable tolerances in respect of quantity, quality, measurements, colour variation, markings and appearance of products and information, data or other output from the Company.
  1. Any samples, drawings, descriptive matter, or advertising produced by the Company and any illustrations contained in the Company’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the Contract or have any contractual force.
  1. The limit of the Company’s liability to the Client or any party to whom liability may accrue by virtue of the Company’s work for the Client is limited to the limit of the Company’s relevant Professional Indemnity Insurance (a copy of which is available on request and the contents of which are deemed to be known by the Client).  Any liability is further limited to the part of any loss, cost, expense or otherwise which is proportional to the Company’s responsibility.  Further, if the Client fails to promptly notify the Company in writing that it intends to or may decide to make a claim against the Company, the Company’s liability is limited to the extent that its insurance is not engaged for want of written notice.

Termination and Insolvency

  1. By 7 days’ notice in writing to the Client, the Company may cancel any agreement for the provision of services and any other orders or agreements between the parties.
  1. In the event that either party becomes insolvent, the other party shall immediately be relieved of any further obligations under any agreement.

Intellectual property Rights

  1. The Client agrees that all intellectual property rights, including, but not limited to copyright, of all documents, information, data or other output which the Company has produced will remain with the Company. The Company is not responsible for any adverse consequence arising from the use of any such document or amendment in any other matter or circumstances not expressly authorised in writing by the Company.
  1. The Company owns and retains all intellectual property rights, know-how and confidential information in the services provided and information, data or any other output produced.
  1. The Company grants the Client a license to use any information, data or any other output produced solely for the purpose for which the Company understands that it is intended. Any other use without obtaining a further license from the Company will be an infringement of the Company’s intellectual property rights.
  1. The Client agrees that the Company can exercise a lien on its own and on all documents and files belonging to the Client whether relating to the subject matter of this agreement or otherwise until all sums due or prospectively due have been paid in full.

Copyright Policy

This Website, www.remsbowerconsulting.co.uk is owned and operated by Rems Bower Consulting (RBC). RBC respects the intellectual property of others. It is RBC’s policy to respond to any claim that content posted on the website infringes the copyright or other intellectual property of a third party.

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Example Company by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Rems Bower Consulting’s Copyright Agent for notice of any infringement should be contacted at:

Name: Reuben Ayeni

Email: rayeni@remsbowerconsulting.co.uk

Phone: +447376430797

After receipt of a valid notice of infringement, RBC will remove the infringing material from the website and will advise the user who posted the infringing material of its action. Material which was removed from the website will not be restored to the website without the consent of the copyright owner or the resolution of the dispute between the parties.

RBC may provide copies of communications about the infringement to the complaining party who provided the notice of infringement.

RBC reserves the right to terminate a user’s access to the website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the website more than twice. RBC also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

Data Protection Policy

  1. Introduction

    This Data Protection Policy (the “Policy”) sets out how Rems Bower Consulting (the “Organisation”) processes personal data in accordance with the General Data Protection Regulation (GDPR).
  1. Affected Data

    The Policy applies to all personal data collected and processed by the Organisation.
  1. Data Collection and Processing

    The Organisation collects personal data directly from its customers and other third parties when necessary. The data collected is limited to what is necessary for the purpose of providing the relevant services. Any data collected and held will not be used for any other purpose than that specified in this Policy.
  1. Sharing of Data

    Personal data will not be disclosed to any third parties unless required by law, or as part of a legitimate business activity. In such cases, the Organisation will take reasonable steps to ensure that transferred data is kept secure and will only be used for specified purposes.
  1. Security

    The Organisation takes the security of personal data seriously and has implemented adequate measures to protect personal data from loss or misuse. These measures include physical security for our premises, technical measures, including encryption and access control, and regular reviews of our procedures.
  1. Retention

    Personal data will only be retained for as long as necessary to fulfil the purpose for which it was collected. When no longer required, the data will be securely deleted or destroyed.
  1. Rights

    Under the GDPR, customers and other data subjects have certain rights over the personal data held by the Organisation. These include the right to access and update their personal data, the right to require the erasure of their data, and the right to object to certain processing activities.
  1. Data Subject Access Requests

    Should a data subject wish to exercise their rights under the GDPR, a Data Subject Access Request (DSAR) should be emailed to [Organisation Email Address] in the first instance.
  1. Data Breach

    In the event of a data breach or possible breach, The Organisation will inform the Information Commissioner’s Office (ICO) within the stipulated timescale. Should any individual be impacted by the breach, the Organisation will, in the first instance, attempt to contact them to inform and advise them of the breach.
  1. Contact and Complaints

    Any queries or complaints relating to this Policy, or the Organisation’s data protection procedures, should be addressed to:

            Name: Rems Bower Consulting

            Email: info@remsbowerconsulting.co.uk

  1. If an individual is not satisfied with the response of The Organisation, they may contact the ICO directly.

 

 

Publicity

  1. Once the Project is completed and in the public domain, the Company shall have a right to reasonable publicity (including but not limited to the inclusion in any publication of our work in whatever media) of the work created in the provision of the Service.
  1. The Company reserves the right to require, and the Client agrees that, any reference or attribution to be made or removed from work provided as part of the Service.

Force Majeure

  1. The Company shall have no liability for delays in performing any obligations to the Customer due to any cause of whatever nature outside the Company’s reasonable control.
  1. In such event, the Company may, without liability, cancel or vary the terms of the contract, including extending the time for performing it.  The Customer shall take or pay for such part of the Products as the Company shall be able to deliver.

Law

  1. These terms and Conditions shall be governed by and construed in accordance with the laws of England.  The Client agrees to the exclusive jurisdiction of the Courts in England and Wales.
  1. If any provision of this Agreement is held to be invalid by any judicial, arbitral or other competent authority, all other provisions will remain in full force and effect and will not in any way be impaired.
  1. Any omission to exercise, or delay in exercising, any right or remedy under this Agreement will not constitute a waiver of that, or any other, right or remedy. Any exclusion, waiver or variation of these terms and conditions is only effective if made in writing and signed by a director of the Company.