Terms and Conditions (“Terms”) – Site Registration
Introduction
In these Terms references to “We“, “Our” or “Us” means Considerate Constructors Scheme Limited, whose registered office is at 26 Store Street, London, WC1 7BT, (Company Registration Number: 3465121), incorporated in England Wales (VAT Registration number: 807 1629 35), the “You, Your, the Company” means the person(s) or body (incorporated or non-incorporated) who or which applies to have a site registered by Us under Our Considerate Constructors Scheme (the “Scheme“) and the “Site” means the construction site in relation to which an application for registration has been made. “Website” shall mean www.ccscheme.org.uk and all associated websites and web pages.
Registration
| 1. | Prior to the Site’s registration under the Scheme (“Registration“), You will complete the Site Registration Form (https://secure.ccscheme.org.uk/Registration/AddNewSite.aspx). You give permission to Us, the Monitor and Our representatives to enter the Site(s) at any time for the purposes of carrying out the inspection for the purposes of the Scheme and compiling a report following such inspection (“Report“). You further agree to provide all information through a competent and authorised representative that is either relevant or requested by the Monitor for the purposes of completion of the Report. The copyright and all other rights, title and interest in and in respect of any Report prepared by Us, the Monitor or Our representatives shall vest in Us for the full period of copyright and We shall be able to use the information contained in any such Report in accordance with clause 10. |
| 2. | Once We have received Your completed Site Registration Form (https://secure.ccscheme.org.uk/Registration/AddNewSite.aspx) and the appropriate registration fees (“Fees“) as set out in the “Fees section” on Our Website (http://www.ccscheme.org.uk/index.php/site-registration/how-to-register-a-site/fees). We will arrange for you to be visited by an appropriate Monitor as designated by Us from time to time (the “Monitor“). |
Report
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| 3. | The Monitor will give consideration to the contents of the Report but the contents of this Report including any quality standards rating or quality scoring, is entirely at the discretion of the Monitor. The Registration criteria set out in the Scheme’s Code of Considerate Practice (“Code of Practice“) (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/site-code-of-practice) and the Site Registration Monitors’ Checklist (“Checklist“) (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/registered-site-checklist) may vary from time to time and are only indicative of the matters the Monitor will consider and will in no way restrict the Monitor’s discretion with respect to the Report. From time to time the Scheme may make Awards to a Site in recognition of particular merit or of standards being achieved. Such Awards are again entirely discretionary. If, when completing the Site Registration Form, You notified Us that You were applying to register under the Scheme at Your client’s request, then We will automatically provide a copy of the Report to Your client in accordance with the details provided by You. If You have any concerns with the Monitor’s Report then You should refer to the section titled “Monitor’s Report concerns”. (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/monitors-report-concerns). |
The Applicant’s Entitlements and Responsibilities
| 4. | Throughout the duration of the Site’s Registration, You shall be entitled to the Site Registration products as set out in the “Site Registration products” section (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/site-registration-scheme-products) on Our Website. |
| 5. | You will ensure that You comply with all laws and regulations in connection with any promotion of the Scheme. |
| 6. | You warrant, represent and undertake that all legal requirements relating to use of the Site including, without limitation, any requirements relating to the safety of those persons having access to the Site are, and shall continue to be, complied with. You shall ensure that adequate insurance is maintained at all times to cover any liabilities of the Site’s occupier or other responsible person or body in this regard. |
| 7. | You acknowledge that Our logos (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/logo-usage) are Our exclusive property and that You obtain no rights to or in the said logos other than such rights as are set out in these Terms and all other relevant terms and conditions or guidelines or are otherwise agreed in writing. You agree to comply at all times with Our “Logo Usage” policy set out in Our Website (http://www.ccscheme.org.uk/index.php/site-registration/site-managers-information/logo-usage). |
| 8. | You warrant, represent and undertake that any information provided by Yourself, Your agents or representatives to Us in relation to or in connection with the Site or its Registration under the Scheme is accurate and that You will notify Us promptly of any changes to such information. |
| 9. | In the event that the value of the Site is increased into a higher fee level You agree to pay the appropriate increase. In the event that the value of the Site decreases to a lower fee level any refund will be at the discretion of the Scheme. |
| 10. | You hereby grant to Us and Our assignees or licensees an irrevocable non-exclusive, royalty free, transferable, free of charge licence to store, use, merge, modify, publish and reproduce (i) any details, information and photographs provided by or on behalf of You in relation to the Scheme; and (ii) the Report and any information contained within it (unless you have exercised your right to ‘opt out’ from the publication of the Report); for all purposes in any and all media now existing or hereinafter invented throughout the world for the full period of any copyright existing in such including all renewals, reversions and extensions thereof. For the avoidance of doubt We shall not, subject to any obligations We may have under any other agreement, be obliged to exercise any of Our rights under this clause 10. |
The Scheme Limitations
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| 11 | Clause 11 sets out the limitations of Our liability to You and: | ||
| 11.1 | whilst We will use all reasonable endeavours to ensure the accuracy of any Report compiled by a Monitor relating to Your Site which is published above, You agree that We shall not be responsible for any errors or omissions in the Report, and that We shall not be liable for any loss, damage, cost or expense incurred by You as a result of any such error, the publication of the Report, the reliance of any 3rd party on the contents of the Report or non-publication of the Report. We shall, as a matter of goodwill, take all reasonable steps to rectify any errors made. | ||
| 11.2 | without prejudice to clause 11.1 and subject to clauses 11.3 and 11.4, Our liability to You hereunder with regard to any claim or series of connected claims, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall, unless agreed in writing, be limited to the amount of the Fees paid or payable by You to Us with respect to the Site or Company concerned for the period during which the incident or series of connected incidents giving rise to liability occurred; | ||
| 11.3 | in no circumstances shall We be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever caused, i) for any increased costs or expenses of ii) for any: (i) loss of profit; suffered by You that arises under or in connection with these Terms, the Scheme or Your Registration under the Scheme; | ||
| 11.4 | nothing in these Terms shall, or shall be deemed to exclude Our liability for death or personal injury resulting from negligence; and | ||
| 11.5 | at all times We reserve the right to make further inspections of the Site with any of our Monitors and in the event that following such inspection, or otherwise, the Scheme, at its sole and absolute discretion, alters or withdraws Your Site’s Registration, including any rating or scoring, You shall observe and shall be bound by such decision. We shall not be liable for any loss, damage, cost or expense incurred by You as a result of any: (i) refusal to register You under the Scheme; | ||
| and Your attention is specifically drawn to clauses 11.2 and 11.3 above in respect of the limits on Our liability under these Terms and in respect of the Scheme. | |||
Your Responsibility
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| 12. | Throughout the duration of Your Registration You shall: | |
| 12.1 | immediately advise Us of any change of ownership or control of the Company and/or a Site, whether this is of the immediate owner or of a parent organisation; | |
| 12.2 | supply information relating to the Site to Our employees, agents or representative upon request or as otherwise required by these Terms; | |
| 12.3 | allow and facilitate access to Our Monitor, employees, agents or representatives to the Site for the purposes of any inspection, which We wish to carry out in connection with the Scheme or Registration under it. You agree that telephone calls made by Us to arrange bookings for inspections may be recorded for the purposes of assessing quality; and | |
| 12.4 | act upon any complaint that is received through us about the Site or Company in a prompt and acceptable manner. | |
| 13. | You warrant, represent and undertake that You are fully entitled and authorised to enter into this agreement with Us in accordance with these Terms and, in particular, that any licence it grants to Us does not infringe any third party rights. You indemnify Us against all losses, costs, expenses, damages or claims resulting from Your breach of these Terms or of any warranty given hereunder by You. | |
Termination
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| 14. | Your Registration under the Scheme will immediately terminate upon the occurrence of any of the following events: | |
| 14.1 | completion of the Registration duration as notified to Us at Registration unless varied by notification by You; | |
| 14.2 | You shall be entitled to terminate a Registration at any time on the giving to Us of at least thirty (30) days notice in writing. In this event there will be no refund to You; | |
| 14.3 | as a result of any change in ownership or control of Your Company, whether this is in relation to the immediate owner or any parent organisation; | |
| 14.4 | if Your Company goes into liquidation other than a voluntary liquidation for purposes of reconstruction or if a manager, receiver, administrator or encumbrancer takes possession of or is appointed over the whole or a substantial part of Your Company’s assets or if Your Company enters into an arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement) or a petition is presented or a meeting is convened for the purpose of making an administration order or if Your Company ceases to carry out its business or if Your Company becomes insolvent. | |
| 15. | We shall be entitled to terminate the Site’s Registration forthwith by notice in writing for any reason or: | |
| 15.1 | where you have not paid any applicable Fees or additional Fees (or part thereof) which has accrued due to Us under these Terms or any other agreement with Us with respect to the payment thereof; | |
| 15.2 | following any material breach by You of these Terms and (if such breach is remediable) failure to remedy that breach within a period of thirty (30) days after receipt of notice in writing requiring You to do so; | |
| 15.3 | failure of the Site to correct any unacceptable performance as indicated in the Monitor’s Report and having not been acceptably corrected after formal notification (http://www.ccscheme.org.uk/index.php/site-registration/site-scoring/non-compliance-procedure); and | |
| 15.4 | failure of the Site to satisfactorily deal with a complaint notified to it by the Scheme as determined by the Scheme. | |
| 15.5 | where You have informed Us that the Site is on hold (the site is not operational and cannot be visited by a Scheme Monitor) and the site continues to be on hold for two years or more from the date of registration. | |
| 16. | Any termination of a Registration, for whatever reason, is without prejudice to any right or liabilities then accrued, including, without limitation, Our rights to any Fees (or part thereof) which has been invoiced and in relation to which payment has not been received. | |
| 17. | You have the right to initiate the Scheme’s appeal process (as detailed in http://www.ccscheme.org.uk/index.php/site-registration/site-scoring/non-compliance-procedure). The right of appeal provided for in this clause 17 shall be limited to termination of a Registration arising under clauses 15.2 and/or 15.3 above only. An appeal made under this clause 17 must follow the Scheme’s appeals process (as detailed in http://www.ccscheme.org.uk/index.php/site-registration/site-scoring/non-compliance-procedure). | |
| 18. | On termination of a Registration, howsoever caused, You shall immediately: | |
| 18.1 | at Your own expense remove all Site Registration products from the Site and return them to Us unless disposed of in an acceptable manner; and | |
| 18.2 | make no further use of, and withdraw from circulation, any documents or other material (including, but not limited to, headed writing paper and promotional brochures) showing Our logos (unless Associate Member’s logos) or otherwise, excepting a previous Award logo indicating an existing or past Award; and | |
| 18.3 | make no further representation, in any form other than a previous Award logo, or Associate Member’s logo, that the Site and/or You has held a Registration. | |
| 19. | We shall be entitled to assign its rights and obligations hereunder to any member of Our group. | |
| 20. | These Terms supersede and replace any and all prior arrangements, whether oral or written, between Us and You relating to a Registration. No amendment to these Terms shall be effective unless agreed in advance in writing by Us. We reserve the right to amend these Terms at any time. Our failure to enforce or rely on any of these Terms on a particular occasion or occasions will not act as a waiver of Our rights there under and will not prevent Us from subsequently relying on or enforcing them. | |
| 21. | Nothing in these Terms shall confer, or is intended to confer, on any third party any benefit or the right to enforce any term under the Contracts (Right of Third Parties) Act 1999. | |
| 22. | We shall not be deemed to be in default of any provision of these Terms as a result of Our inability to perform these Terms because of circumstances beyond Our control such as, without limitation, Act of God, fire, flood, unavailability of materials, strike, national calamity, lockout, war, terrorism attack, civil war, civil commotion, or riots, failure, interruption or impossibility of any telecommunications network or utility service, including but not limited to electric power, gas or water, non-performance by suppliers or sub-contractors or any order or enactment of legally constituted authority of any country. | |
| 23. | If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. | |
| 24. | These Terms are to be interpreted in accordance with the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. | |