Positive Safety Terms Conditions
Positive Safety Training Limited – Terms & Conditions
These Terms and Conditions (“Terms”) apply to all services and goods provided by Positive Safety Training Limited (“the Company”) to the Client.
Definitions
1.1 Company: Positive Safety Training Limited, the provider of services and goods under these Terms.
1.2 Client: The recipient of services and/or goods.
1.3 Premises: The location of the Client where services are provided.
1.4 Consultant: Any person appointed by the Company acting on its behalf.
1.5 Service(s): The services agreed to be provided by the Company, as defined in a written quotation, including but not limited to training, first aid courses, health and safety consultancy, and other advisory services.
1.6 Goods: First aid kits, equipment, and supplies sold by the Company.
Quotations and Acceptance
2.1 Any quotation for services or goods is not an offer. Acceptance constitutes an offer by the Client for the Company to provide services or goods under these Terms.
2.2 No service or supply will be provided except under these Terms, unless expressly agreed in writing by the Company.
Price and Additional Charges
3.1 Service fees are based on estimated workload. If additional time or services are required, the Company may adjust fees accordingly and notify the Client. 3.2 Additional services will be charged at £150 per hour. Quotations for additional training courses will be provided on request. 3.3 All prices are exclusive of VAT unless stated otherwise.
Payment
4.1 Payment is due within 7 days of invoice unless otherwise agreed. Late payments incur interest at 8% per annum above the Bank of England base rate, compounded monthly. The Company may withhold services until payment is received.
4.2 Unless otherwise agreed, payment in advance is required for training courses.
Cancellation and Rescheduling Policy
5.1 The following applies to all training courses: More than 28 days: 0% charge 15–28 days: 25% charge 7–14 days: 50% charge Less than 7 days or non-attendance: 100% charge
5.2 A course may be rescheduled without charge if the Company receives at least 14 working days’ notice. Rescheduling with less than 7 working days’ notice will incur a 50% charge of the original course fee.
5.3 Refunds will only be issued if a course is cancelled by the Company or under a valid force majeure event and transfer to an alternative date is not reasonably possible.
Provision of Services
6.1 The Consultant(s) will use their best endeavour(s) to advise the Client relative to the agreed work, so as to assist the Client in addressing its duties or other requirements in accordance with such statutes, regulations, and systems of work, standards or management system requirements which may be applicable to the Client’s needs, obligations or other requirements:
i. they cannot advise upon or be responsible for any circumstance or any matter which occurs between any agreed inspection of the client’s premises and
ii. the Company is not responsible to the Client for non-compliance with the relevant statutes regulations systems of work or standards or for failing to observe unsafe working practices, unsafe conditions or environmental liabilities whether such non-compliance or failure is by, the Client’s servants, agents, contractors or subcontractors and
iii. the Company will offer no advice, whether verbal written or inferred relative to, or in relation to contaminated land and will accept no liability whatsoever in relation to any issue arising or relating to contaminated land.
When problems are identified which in the opinion of the Consultant require the advice of a particular specialist, the Company will notify the Client accordingly and will use its best endeavours to indicate where in their opinion such advice may be obtained. The obtaining and cost of such specialist advice shall however at all times remain the responsibility of the Client. The Company will in no way be liable for the competency, integrity or any other matter or liability arising from advice given to the Client relative to where other advice may be obtained or relative to such a third party giving that advice.
6.2 Course pricing is based on the agreed maximum number of delegates. Additional delegates may incur extra charges.
6.3 Certificates are only issued after full attendance and payment.
6.4 Opinions expressed by trainers are personal and not binding on the Company.
6.5 The Company reserves the right to cancel courses due to unforeseen circumstances, including illness, with no compensation other than course transfer or refund as per 5.3.
6.6 Health & Safety Consultancy Disclaimer: Any health and safety advice or guidance provided by the Company is for general information only. The Client remains solely responsible for compliance with all applicable health and safety laws, regulations, and codes of practice. The Company accepts no liability for any fines, penalties, enforcement actions, or losses resulting from the Client’s failure to implement advice or recommendations.
6.7 Report Reliance: Reports, recommendations, or guidance provided by the Company are intended for the Client’s internal use only. Reliance by third parties is at the Client’s risk.
Client Obligations 7.1 The Client shall not share reports or training materials without written permission.
7.2 The Client shall indemnify the Company against losses or claims arising from the Client’s actions or breach of obligations.
7.3 The Client shall be responsible for providing a safe system of work for the Consultant while providing the services and the Client shall be responsible for all costs necessarily required in discharging this obligation and shall indemnify the Company in respect of all claims, costs, damages and loss suffered as a result of any breach by the Client hereof..
7.4 The Client shall not solicit Company staff for similar services during or after the contract.
7.5 The Client shall not reveal or make available the details of any report to any third party without first obtaining the prior written permission of the Company.
7.6 The Client shall indemnify the Company from and against all losses or damage incurred by the Company, whether to or at the insistence of the Client or its employees or agents or third parties or otherwise directly or indirectly arising from or in connection with the carrying out of the services.
7.7 The Company’s total liability (if any) to the Client (expecting always liabilities in respect of the personal injury or death), whether in contract, delict, quasidelict or otherwise in respect of any loss, direct or indirect or consequential, or damage (howsoever caused) directly or indirectly arising from any breach of Contract, or from any breech by the Company or its aforesaid of any duty owned to the Client in connection with the agreed service or in relation to the agreed service shall be limited to the price of £10,000.
i. There is no responsibility to any person or body other than the Client
ii All advice and guidance is given and documents prepared on the basis that the land or property or undertaking that the advice, report or documents relate to, is not contaminated and is not on any contaminated land register.
Limitation of Liability and Disclaimers
8.1 Except for personal injury or death caused by negligence, the Company’s liability is limited to the fees paid.
8.2 Services are provided in good faith based on information provided. No guarantee is made of accuracy or outcomes.
8.3 The Company is not liable for pollution, contamination, or events beyond its control.
8.4 First aid training does not make participants medical experts. The Company accepts no liability for actions taken after training.
8.5 Completion of training does not guarantee competence or employment.
Termination 9.1 Either party may terminate with 14 days’ notice if the other:
Commits a material breach that is not remedied within 14 days
Ceases trading or becomes insolvent
Is prevented from performing under clause 17 (Force Majeure)
Governing Law
10.1 These Terms are governed by the laws of England and subject to the jurisdiction of the English courts.
Notices
11.1 Notices sent by first-class post to the other party’s address are deemed delivered 48 hours after posting.
Ownership and Copyright
12.1 All intellectual property in reports, training materials, or documentation remains with the Company unless fully paid for by the Client.
Certification and Assessment
13.1 Certificates require full attendance and successful completion of assessments.
13.2 Replacement certificates cost £15 + VAT, unless issued due to Company error.
13.3 Late arrivals may not be admitted to courses.
Suitability and Facilities
14.1 The Client must ensure delegates are suitable for courses and advise on any special requirements.
14.2 Adequate training facilities must be provided when training is at the Client’s venue.
14.3 Delegates must have sufficient English language skills.
14.4 Disruptive or aggressive delegates may be removed without refund.
14.5 Recording of courses is prohibited.
14.6 Pregnant delegates should consult a GP before attending.
Consultancy Services
15.1 The Company may assign, substitute, or subcontract personnel as needed.
15.2 Substitute staff or subcontractors will meet the required standard.
15.3 The Company remains responsible for acts or omissions of substitutes or subcontractors.
Intellectual Property Rights
16.1 The Company owns or licenses all IP in services, materials, and the website.
16.2 Materials may only be used for personal or internal business purposes.
16.3 Commercial use without a license is prohibited.
Force Majeure
17.1 Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, pandemics, government actions, war, terrorism, industrial disputes, or illness.
17.2 In case of force majeure, the Company will offer course transfer or refund only if transfer is not reasonably possible.
E-Learning
18.1 E-learning licences are non-refundable once issued.
18.2 Licence must be completed within 12 months, or a new course must be purchased.
18.3 One-time substitution of delegate is permitted before course start.
Sale of Goods
19.1 Scope: Applies to first aid kits and supplies sold by the Company.
19.2 Price and Payment: Payment is due on order. Prices exclude VAT.
19.3 Delivery and Risk: Risk passes to the Client on delivery. Delivery times are estimates.
19.4 Title: Ownership remains with the Company until full payment is received.
19.5 Inspection and Returns: The Client must inspect goods on delivery and report defects within 7 days. Non-hygiene items may be returned; hygiene-sensitive items cannot be returned once opened.
19.6 Warranty: The Company warrants goods to be free from defects at delivery. Liability is limited to replacement or repair.
19.7 Consumer Rights: Consumers retain statutory rights under the Consumer Rights Act 2015.
Governing Law
20. These Conditions and the contract shall be governed construed and shall take effect in accordance with the laws of England, and shall be subject to the jurisdiction of the English courts.
Positive Safety Training Limited
E-Innovation Centre, Priorslee, Telford, Shropshire, TF2 9FT
0800 999 4494
info@positivesafetytraining.co.uk
www.positivesafetytraining.co.uk
Reviewed: 1st July 2025 v2.2