Terms of Business
By appointing Stephen Green and Associates Ltd as your Provider of Radiation Protection Advice and/or Requesting 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 and insoluble Agreement in agreement to the terms stated below. After appointing Stephen Green and Associates, You authorise Stephen Green and Associates to proceed with the services as detailed in the Proposal.
Our intention is to provide all our Clients with the highest quality of service, with professional skill, care and attention.
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 – Radiation Waste Adviser
- MPE – Medical Physics Expert
- IRR17 – Ionising Radiation Regulations 2017
- IR(ME)R 2017 – Ionising Radiation (Medical Exposure) Regulations 2017
- Mirion – Dosimetry Service Provider
Application and invocation of the Terms of Business
Acceptance of the Proposal, in the form of a signed letter of a Letter of Appointment by the Client to perform a service, or simple payment of an invoice, initiates the 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:
these Terms of Business
where applicable, the hourly billing rates of SG&A
You, the Client are authorising Us to perform these services on Your behalf.
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.
Both parties agree that any business information discussed and/or written will remain confidential.
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.
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. 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.
Our telephone number is 01362 866022. Alternatively, you can contact us anytime via email at: firstname.lastname@example.org 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
SRPA/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. The Proposal is renewable annually, by mutual agreement, unless otherwise stated in the proposal and letter of appointment.
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.
Both parties agree that any business information discussed and/or written will remain confidential.
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 where appropriate. Supporting documentation will be issued with the report. 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.
Annual reviews will be conducted as detailed in the Proposal. Acceptance of Your annual review appointment or return of the interim audit constitutes an acceptance of renewal of the Agreement.
Cancellation of appointments
7-14 days before the appointment – no charge
2-7 days before the appointment – 50% charge
48hrs or less before the appointment – 100% charge.
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.
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.
Fees: SG&A will invoice in full on receipt of the booking form and payment shall be made to SG&A within 30 days from the date of the invoice.
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.
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 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.
Any lack of complete and adequate response from You, where applicable prior to the deadline or contact from Us. 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.
SGA&A will issue invoices with the report and certificates. PDF copies are available by email on request.
All fees are subject to VAT at 20%
Fees are subject to annual review. You will be given notice prior to Your next annual review of any increase to charges. Acceptance of Your next annual review appointment constitutes acceptance of the increased charges.
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 an initial administration set up fee and deposit 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 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.
All invoices are payable upon receipt unless otherwise arranged, in advance, by Us and You. Invoices not paid within 30 days will be re-issued with an additional £20 to cover administration costs. For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 8% plus the Bank of England base rate to equate an annual fee, from which a daily charge will be calculated. We will also charge an administration fee of £45 to cover the debt recovery costs. The process is automatic and will not be deferred once the agreed payment term has lapsed.
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).
We accept no liability whatsoever for consequential or third-party losses, resulting in a delay in delivery howsoever caused.
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.
We accept no 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, 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.
During the continuance of such a contingency, you may, by written notice to ourselves, elect to
terminate the Agreement and pay for all work carried out, but subject thereto shall otherwise accept delivery when available.
Acceptance of the annual review/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.
Revised November 2018
Stephen Green & Associates Limited – Registered in England. Company Number 6547749. VAT Reg No: 928 0609 18
Registered Office: The Mews, Snetterton Business Park, Harling Road, Snetterton, Norfolk, NR16 2JU. Tel – 01362 822066