Terms and Conditions (“Terms”) – Registered Organisations
These Terms and Conditions apply to Company Registration, Supplier Registration and Professional 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 Company registered by Us under Our Considerate Constructors Scheme Company Registration, Supplier registration or Professional Registration (the “Scheme“) and the “Sites/Office” means the construction site(s) and offices 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 Company Registration, Supplier Registration or Professional Registration under the Scheme (“Registration“), You will complete the appropriate Registration form, Company: https://portal.ccscheme.org.uk/registration/company/preregistrationchecklist Supplier: https://portal.ccscheme.org.uk/registration/supplier/preregistrationchecklist Professional: https://portal.ccscheme.org.uk/registration/professional/preregistrationchecklist You give permission to Us, the Monitor and Our representatives to enter Your Office, Site(s) and/or Depot(s) at any time for the purposes of carrying out inspections for the purposes of the Scheme and compiling a report following such inspections (“Reports“). 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 Reports. 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 |
Reports
Your Entitlements and Responsibilities
| 5. | You shall ensure that You comply with all laws and regulations in connection with any promotion of the Scheme. |
| 6. | You warrant, represent and undertake compliance with all legal requirements relating to the activities of Your Company at its Office, Site(s) and/or Depot(s) including, without limitation, any requirements relating to the safety of those persons having access to the Offices, Site(s) and/or Depot(s) are, and shall continue to be, complied with. You shall ensure that adequate insurance is maintained at all times to cover any liabilities of Your Company. |
| 7. | You acknowledge that Our logos 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 from time to time. You agree to comply at all times with Our “Logo Usage” policy set out in Our Website (https://www.ccscheme.org.uk/wp-content/uploads/2009/06/ccs-logo-usage-guidelines.pdf). |
| 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 Company or its Registration under the Scheme is accurate and that You will notify Us promptly of any changes to such information. |
| 9. | The Registration fee will remain fixed for the year’s duration of the Registration. |
| 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
| 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 You 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, 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 Your Company 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;
(ii) loss of good will;
(iii) loss of business or business opportunity;
(iv) loss of contracts;
(v) loss of revenues;
(vi) loss of anticipated savings
(vii) loss or corruption of data; or
(viii) loss for any special, indirect or consequential damage of any nature whatsoever, 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 Office, Site(s) and/or Depot(s) 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 Registration, including any rating or quality 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;
(ii) withdrawal of the Registration under the Scheme;
(iii) publication or non-publication of the Report; or
(iv) any alteration to Your Registration status under the Scheme following an assessment by the Monitor, 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
| 12. | Throughout the duration of Your Registration You shall: |
| 12.1 | immediately advise Us of any change of ownership or control of Your Company whether this is of the immediate owner or of a parent organisation; |
| 12.2 | supply information relating to Your Company to Our employees, agents or representatives upon request or as otherwise required by these Terms; |
| 12.3 | allow and facilitate access to Our Monitor, employees, agents or representatives to Your Office and Sites 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. |
| 12.5 | allow us to list your company on a section of our website providing information about the Company’s performance against our Code of Practice as well as any relevant comments made about the Company. |
| 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
| 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 of one year from date of Registration. |
| 14.2 | You shall be entitled to terminate a Registration at any time by giving to Us at least thirty (30) days notice in writing. In this event there may not be a 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 the Company’s assets or if You enters into an arrangement or composition with or for the benefit of Your 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 You cease to carry out Your business or if You become insolvent. |
| 15. | We shall be entitled to terminate the Registration forthwith by notice in writing: |
| 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 it to do so; |
| 15.4 | Your failure to satisfactorily deal with a complaint notified to it by the Scheme as determined by the Scheme. |
| 16. | Any termination of a Registration, howsoever occasioned, 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. |
| 18. | In the event of termination we reserve the right to list the Company on our website stating that membership has ceased and giving the reasons for this. |
| 19. | On termination of a Registration, howsoever caused, You shall immediately: |
| 19.1 | at Your own expense remove all Registration products from the Office, Site(s) and/or Depot(s) and return them to Us unless disposed of in an acceptable manner; and |
| 19.2 | 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 or otherwise excepting a previous Award logo indicating an existing or past Award; and |
| 19.3 | make no further representation, in any form other than a previous Award logo that the Site and/or the Company holds or has held a Registration. |
| 20. | We shall be entitled to assign its rights and obligations hereunder to any member of Our group. |
| 21. | 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. |
| 22. | 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. |
| 23. | 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. |
| 24. | 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. |
| 25. | 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. |
