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Terms of Business

 

By appointing Stephen Green and Associates Ltd as your Provider of Radiation Protection Advice/Radioactive Waste Advice/Medical Physics Advice in a practical or consultancy capacity, and/or undertaking Training and/or Using Us to Provide Your Dosimetry Service, you confirm that you agree with, and are bound by, the relevant terms and conditions set out below.

 

This document is to be viewed by all involved parties as a binding Agreement. By appointing Stephen Green and Associates, You authorise Stephen Green and Associates to proceed with the services as detailed in the Proposal you have received and agreeing to the terms and conditions in this document.

 

Introduction

Our intention is to provide all our Clients with the highest quality of service, with professional skill, care and attention. There are a team of certificated RPA/RWA/MPEs who mentor, check and underwrite all works carried out by the team of trainee RPA/RWA/MPEs. The trainee team cannot give verbal or written advice or produce any documentation without it being authorised by a certificated team member.

 

General

In these terms of business: –

SG&A – Stephen Green and Associates Ltd.

Client – the person who accepts the and signs the Proposal/Agreement.

You, Your – the Client purchasing the services included in the Proposal.

We, Our, Us – the owners SG&A, its employees, or any Company to whom We may assign our rights under the Proposal.

RPA – Radiation Protection Adviser

RWA – Radioactive Waste Adviser

MPE – Medical Physics Expert

IRR17 – Ionising Radiation Regulations 2017

IR(ME)R 2017 – Ionising Radiation (Medical Exposure) Regulations 2017

EPR 2018 – Environmental Permitting Regulations 2018

Mirion Technologies – Dosimetry Service Provider

Proposal – details of the service to be provided and the cost to the client

 

Activation of the Terms of Business

Acceptance of the Proposal, in the form of a signed letter of Appointment, or an email requesting services with either a scanned signature, or typed name from the Clients email address, constitutes a request for SG&A to provide/perform a service, which therefore activates these Terms of Business. A payment of an invoice, or booking of an appointment, initiates/continues an Agreement and marks the Client’s acceptance of the Agreement including these Terms of Business. Every service provided by SG&A is governed exclusively by the Agreement, which comprises; the Proposal, agreed costs and these Terms of Business.

Your RPA/RWA/MPE services will automatically be renewed on your renewal date unless you advise us in writing to the contrary. (See termination of agreement below). If the Client fails to meet any of its obligations under the terms of the Agreement, SG&A may cancel the Agreement eight days after having served notice of default by registered letter or courier without having received a response, without prejudice to SG&As’ right to claim damages and/or suspend the performance of its services.

 

Authorisation

You, the Client are authorising Us to perform these services on Your behalf.

 

Control

You are hiring Us as an independent contractor, not as an employee, giving you no right to define how and when We carry out our work. We will always endeavour to arrange mutually convenient appointments for visits.

 

Confidentiality

Both parties agree that any business information discussed and/or written will remain confidential. All staff of SG&A are contractually required to adhere by strict confidentiality rules.

 

Copyright

The copyright, intellectual property and design rights in any materials produced in the performance of this agreement shall remain vested with SG&A. Such materials shall not be copied or reproduced without prior written consent of SG&A.

 

Consultancy Agreements

Where we carry out work in a consultancy capacity, we will not use a 3rd party company. SG&A will accept responsibility for all SG&A staff involved in the production of documentation and where trainee staff contribute, all of their work is underwritten by a certificated member of the team.

 

Hours of business

SG&A office hours are 09.00 – 17.00. Monday to Friday. We have a 24 hour out of hours contact number for emergencies which you can retrieve by calling the office number (see below). Other calls received out of hours will be diverted to an answering machine and dealt with the next working day. Where staff mobile telephone numbers are provided, We ask that you exercise discretion when calling out of hours and only call in emergencies.

 

Contacting SG&A

Our office telephone number is 01362 822066. Alternatively, you can contact us anytime via email at: info@stephengreenandassociates.co.uk or for Personal Dosimetry at: dosimetry@stephengreenandassociates.co.uk or Training at: training@stephengreenandassociates.co.uk or write to us at: The Mews, Snetterton Business Park, Harling Road, Snetterton, Norfolk, NR16 2JU. Further information relating to our company and the services We offer is available from: www.stephengreenandassociates.co.uk

 

Data Protection

We comply with the Data Protection Legislation and are registered with ICO ref Z3251848. Where any handling of personal data is required on behalf of our client, a separate agreement may be requested.

 

RPA/RWA/MPE Appointment Sole Agreement

In accordance with Regulation 14 of the IRR2017 every employer engaged in work with ionising radiation must consult and appoint in writing a suitable RPA/RWA/MPE. To facilitate good working practice and remove any conflict of advice We expect, when acting as RPA/RWA/MPE to be appointed as sole RPA/RWA/MPE.

 

 Scope of RPA/RWA/MPE Work

The work will be conducted as detailed in the Proposal sent to you. Following site visits and subsequent annual reviews, SG&A will issue a comprehensive report which will include recommendations to meet compliance with IRR17 and IR(ME)R17 and EPR18 where appropriate. Supporting documentation will be issued with the report. All reports and documentation will be issued by email. SG&A accept no liability for any legal action, accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission, of the Client, its employees, including its personnel being trained, from failure to comply with the recommendations.

 

Continuance of Annual Services

Annual services will automatically be renewed unless advised otherwise. A renewal notice email and invoice will be sent to you one month prior to your renewal date. On your renewal date your certificate will be emailed to you.

 

Cancellation of appointments

7-14 days before the appointment – no charge

2-7 days before the appointment – up to 50% charge of either the RPA services or the agreed cost of the adhoc appointment.

48hrs or less before the appointment – up to 100% charge of either the RPA services or the agreed cost of the adhoc appointment.

 

Training

Instructor selection: Selection of instructors shall be at the discretion of SG&A. Every effort will be made to maintain continuity, but it may be necessary to change an instructor during the period of training.

Fees: SG&A will invoice in full when the course has been confirmed and minimum numbers have been reached and a completed booking form has been received. On receipt of the invoice, payment shall be made to SG&A within 30 days of the issue date on the invoice.

Cancellation of course booking:

(i) If the Client cancels the booking more than 21 days before the commencement of training, there will be no charge to the Client.

(ii) If the Client cancels the booking between 21 days and 15 days before the commencement of training, SG&A will be entitled to make a cancellation charge equal to 40% of the full course fee.

(iii) If the Client cancels the booking within 15 days before the commencement of training, SG&A will be entitled to make a cancellation charge equal to the full course fee.

If SG&A are able to fill the cancelled space, no cancellation charge will be made.

There is no charge if a delegate name needs changing.

 

Dosimetry

All dosimetry equipment and badges are provided by SG&A as Distributors for Mirion Technologies Dosimetry Services who are an Approved Dosimetry Service in the UK. Mirion provide all the dosimetry devices and the service is hosted on their website. All devices remain the property of Mirion and are ‘leased’ by You. As such all devices will need to be returned at the end of the contract, free from damage.  If there is any damage or the device is not returned at the end of the contract, then You agree to pay the necessary fee per device to cover the costs as in the agreement. Following completion of the agreement and set up for payment, badges will be delivered, as agreed with Mirion, within 28 days. Minimum term of contract is for 12 months.

For administration updates to any information for badge holders/ requested reallocation of badges, SG&A will endeavour to update within 3 working days.

 

Your responsibilities

All communication by SG&A shall be sent to Your latest address (email or postal) as indicated by You or one of your representatives. You must immediately inform us of any changes in circumstances such as change of ownership, contact details, change or addition of x-ray and processing equipment/use of isotopes. SG&A cannot be held responsible for incomplete advice liable for any loss of rights or damage suffered by the Client if it has not been duly informed of the changes that have occurred.

SG&A may suspend services in full or in part and/or may not be held liable for any legal action, accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission, of the Client, its employees, including its personnel being trained.

 

Fees

SGA&A will issue initial invoices on the date that work is commenced. i.e. date of your first visit, when consultancy work is requested, or when training courses /places are confirmed. (See Separate information for Dosimetry Fees below). All fees are subject to VAT at 20%. Fees are subject to annual review.  Fees are non-refundable in the event of the Agreement being cancelled before the end of the year of issue.

 

Dosimetry Fees and Payments

The dosimetry agreement requires a deposit to be paid along with annual fee as per the agreement. All deposits are fully refundable on the return of undamaged badges, at the end of the term of the agreement. These deposits are kept in a separate bank account and therefore always available to return to clients.

A GoCardless direct debit system is in place for payments for all dosimetry. All payments are paid in advance as per the agreement, and badges sent when payment completed. The direct debit will automatically be taken annually until written notice to terminate the contract has been received. There must be a month’s notice prior to the end of the contract to allow for return of badges/dosimetry equipment.

Additional fees may be payable that are outside of SG&A control for moving historical doses to wearers, amongst others, as per agreement.

 

Payment Terms

All invoices are payable upon receipt and within 30 days unless otherwise arranged, in advance, by Us and You. Invoices not paid within the 30 days terms will be re-issued with an additional £20 to cover administration costs.

 

Insolvency

Any Client ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, We, without prejudice to other remedies, shall:

(i) have the right not to proceed further with the Agreement or any other work for the Client and (ii) be entitled to charge for work already carried out (whether completed or not).

 

Consequential Loss

We accept no liability whatsoever for consequential or third-party losses, resulting in a delay in delivery howsoever caused.

 

Financial Loss

We accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Us.

 

Professional and Public Indemnity Insurance

Details of our insurance cover and our insurer are available on request.

 

Privacy Policy

Our Privacy Policy is available on request.

 

Force Majeure

We cannot accept responsibility if We are unable to carry out any provision of the Agreement for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, pandemic, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the Agreement. SG&A will provide its best efforts to complete all work, services and advice on behalf of our clients in as timely a manner as possible. We may have to adapt and provide our services differently (i.e. through webinars and Teams meetings) and then as soon as possible/practical, on-site delivery of services will be recommenced.

 

Continuing Agreement

Acceptance of the renewal of services and/or failure to cancel dosimetry services within time limits as set out in the agreement, will amount to acceptance of the continuance of these Terms of Business.      

 

Termination of Agreement

To terminate any agreement and services provided by SG&A, a ‘Cancellation of Services Agreement Form’ is to be completed and returned. This is available from the admin team at info@stephengreenandassociates.co.uk Failure to cancel prior to your renewal date will result in a pro-rata for the period of your renewal to the date the termination letter is received.

 

                                                                                                                                                                                                                                  Revised January 2021

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