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• Standard Terms and Conditions
• Trial Users Terms and Conditions



Standard Terms and Conditions for Supply of Services QCS


1. DEFINITIONS

In this document the following words shall have the following meanings:

1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Service Specification;
1.2 "Customer" means the organisation or person who purchases goods or services from the Supplier;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "Service Specification" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
1.5 "Supplier" means Quality Compliance Systems Ltd of 271 Regent Street, London, W1B 2ES. United Kingdom
1.6 “QMS” means the online Quality Management System provided by Quality Compliance Systems Ltd.


2. GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer.
2.2 Before the supply of the goods or commencement of the services the Supplier shall make available to the Customer a Service Specification which shall specify the goods to be provided or services to be performed and the fees payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Service Specification. All Service Specifications shall be subject to these Terms and Conditions.
2.3 The Supplier shall use all reasonable endeavours to supply the goods or complete the services within estimated time frames but time shall not be of the essence in the performance of any services.


3. FEES AND PAYMENT

3.1 The fees for the supply of the goods or the performance of the services are as set out in the Service Specification. The Supplier shall invoice the Customer for the services as follows: First order to be paid in advance of goods or services being delivered. For all future orders payment for goods is due 14 days from the date of invoice, online services by the renewal date as stated on the invoice, and training delivery in advance of the commencement of the training as stated on the invoice.
3.2 The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of cleared payment at a rate of 8.00% per annum above the base rate of the Bank of England. In the event that the Customer's procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are rendered.
3.3 Online content, reports, action plans and other written materials will not be released until all relevant invoices are paid.
3.4 The Supplier reserves the right to suspend any services or withhold any goods from the Customer, not confined to the goods or services to which the outstanding invoice relates, during any period where any invoice payment due to the Supplier by the Customer is not paid and cleared. The Supplier reserves the right to charge the Customer for the costs of suspending and reinstating services.
3.5 For those customers who have selected an available direct debit plan to pay off the balance of their purchase, an administration fee of £25 + VAT will be applied to a customer's account in each instance where the direct debit fails to be paid on the agreed due date.  This does not invalidate any additional charges as defined in section 3.2 of the "Standard Terms and Conditions for the Supply of Services QCS".


4. REFUND/RETURN POLICY

4.1 We aim to provide a straightforward service for all our clients. If you consider that you have not been properly served by us, or if any difficulty has arisen in our business relationship, do not hesitate to contact us.
4.2

Your statutory rights are not affected in any way.


5. CANCELLATION POLICY

5.1 No refund will be made once work on creating the service has started, except in exceptional circumstances and then only at the discretion of a Director.
5.2 No refund will be made for where the Customer does not meet their obligations as set out in section 6.
5.3 In the event of cancellation of a service by QCS, we will endeavour to inform all participants as soon as possible, although please be aware that this is not always possible. All fees paid will be reimbursed in full, but we are unable to reimburse any other costs that may have been incurred, including travel, accommodation etc.
5.4 The Customer may cancel a subscription to the QMS by providing written notification to the Supplier’s office at least 30 days prior to the expiry of a current subscription; failure to cancel prior to 30 days before expiry of a subscription will be taken as a valid re-order for the following year’s subscription.
5.5 The Supplier reserves the right to inform relevant bodies, such as Registration Authorities and Purchasers, of the cancellation of any service previously provided by QCS.


6. TERMINATION

Either party may terminate this Agreement forthwith by notice in writing to the other if:

6.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
6.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
6.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
6.4 the other party ceases to carry on its business or substantially the whole of its business; or
6.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets


7. INTELLECTUAL PROPERTY RIGHTS

7.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
7.2 The content of the QCS Care Management System.
7.3 The QMS remains the intellectual property of the Supplier, however supplied, at all times, whether or not a current subscription is place.
7.4 Each QMS is supplied for use within one registered Service and solely for the purposes of managing that registered Service, as identified within the QMS itself, unless specifically agreed in writing with the Customer. The Customer is responsible for ensuring that the QMS, in any format i.e. web based, computer based or on paper, is not used in any other establishment, and indemnifies the Supplier against any costs of licence enforcement and loss of income relating to the Supplier’s QMS resulting from unauthorised usage by any persons.
7.5 During a valid subscription period, the Customer is authorised to utilise the QMS and its contents and print, photocopy and use any policies and forms from within the system, in compliance with 5.i.ii above.
7.6 On cessation or expiry of a paid subscription, or the non-payment of any invoice on the due date, the Customer;
7.7 releases the Supplier from all obligations under this agreement
7.8 and ceases to be
  1. authorised by the Supplier to gain access to and utilise the contents of the online version of the System
  2. authorised by the Supplier to utilise any of the Policies and Procedures
  3. entitled to any support and updates from the Supplier
  4. entitled to any discounts for other goods and services offered as part of the subscription service
7.9 in the event of any non payment the supplier reserves the right to suspend access to the Customer’s online system pending payment, and charge for the cost of suspension and reinstatement.


8. CUSTOMER'S OBLIGATIONS

8.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
  1. co-operate with the Supplier;
  2. provide the Supplier with any information reasonably required by the Supplier;
  3. obtain all necessary permissions and consents which may be required before the commencement of the services; and
  4. comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
8.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer's failure to comply with Clause 6.1.
8.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the goods or services agreed to in the Service Specification, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than 2 weeks written notice the full amount of the services contracted for as set out in the Service Specification, and the Customer agrees this is a genuine pre-estimate of the Supplier's losses in such a case. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 6.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.


9. ALTERATIONS TO THE SERVICE SPECIFICATION

9.1 The parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
9.2 The Customer may at any time request alterations to the Service Specification by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
9.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
9.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Service Specification shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.


10. WARRANTY

10.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
10.2 Without prejudice to Clause 8.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Supplier
10.3 The Supplier does not guarantee uninterrupted availability of the www.ukqcs.info or www.ukqcs.com Websites and cannot provide any representation that using the Websites will be error free
10.4 The Supplier will provide, within a Professional or Standard Level System QMS, customised content as set out in the Terms and Conditions, within reasonable text length restrictions consistent with layout issues. Any additional customisation required by the Customer will require additional work by the Supplier, for which the Supplier will submit a cost quotation for approval before accepting any order, which must be returned accompanied by payment in full.
10.5 Changes to standard customised content of the QMS will be provided within the annual subscription costs, subject to any limitations set out in the Service Specification (below)


11. INDEMNIFICATION

11.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any services provided by the Supplier in accordance with the Service Specification infringes a patent, copyright or trade secret or other similar right of a third party.


12. LIMITATION OF LIABILITY

12.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.
12.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity, loss of profits, loss or damage to reputation or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss. The care management system and any other product purchased from Quality Compliance Systems Ltd, is purely for guidance only, so no liability is accepted for any form of loss, as indicated above, which is considered or implied to be either a direct or indirect result of the application of any policy or procedure made available by Quality Compliance Systems Ltd.
12.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier's liability for death or personal injury resulting from the Supplier's negligence or that of its employees, agents or sub-contractors.


13. PRIVACY POLICY

13.1 Quality Compliance Systems respects each individual's right to personal privacy.
13.2 Information collected in order to supply a customised System will not be sold or given away to any outside organisation, but may be shared within the group of companies.
13.3 We do not sell or give away contact information to any other organisation.
13.4 This site contains links to other web sites. Quality Compliance Systems Ltd is not responsible for the privacy practices or the content of external web sites.


14. USE OF COOKIES

14.1 Cookies are small files which many web sites transfer to your hard disk. They can inform the web site what pages you visit, and your preferences, which enable web sites to provide you with a more personalized service. You can set your browser to refuse cookies, or to warn you before accepting them.
14.2 We use cookies, but most parts of our site can be accessed even if your cookies are turned off. But you may find there are parts of the site which you cannot access if your cookies are turned off.
14.3 How do we use your information? We use the information to help us understand more about how our web site is used, to improve our site.


15. FINANCIAL INFORMATION

15.1 We use your financial information (including credit card transactions) to Bill you for and otherwise facilitate your purchase of products and services. When you make a credit/debit card purchase, we will provide your financial information to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. We do not keep copies of this information once the transaction is complete.


16. FORCE MAJEURE

16.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


17. INDEPENDENT CONTRACTORS

17.1 The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement.


18. ASSIGNMENT

18.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.


19. SEVERABILITY

19.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.


20. WAIVER

20.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.


21. NOTICES

21.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.


22. ENTIRE AGREEMENT

22.1 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.


23. NO THIRD PARTIES

23.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.


24. GOVERNING LAW AND JURISDICTION

24.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.



Terms & Conditions for Trial of the QCS Care Management System.


1. DEFINITIONS

In this document the following words shall have the following meanings:

1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Service Specification;
1.2 "Customer" means the organisation or person who requests and receives a trial of the QCS Care management System;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "Supplier" means Quality Compliance Systems Ltd of 271 Regent Street, London, W1B 2ES. United Kingdom
1.5 "QMS" means the online Quality Management System provided by Quality Compliance Systems Ltd.


2. GENERAL

2.1 These Terms and Conditions shall apply throughout the trial use of the system.
2.2 The Supplier shall use all reasonable endeavours to supply the goods or complete the services within estimated periods but time shall not be of the essence in the performance of any services.
2.3 "The Supplier is under no obligation to provide a trial when one is requested by the Customer.
2.4 The trial will last the number of days specified by QCS at the time that the trial is enabled, and QCS reserves the right to offer access to a limited number of the documents available in the full system
2.5 By signing up for a free trial you are agreeing to receive our newsletter. You may unsubscribe from this new letter at anytime.


3. CONFIDENTIALITY

3.1 All information, processes and data used or observed by the supplier and its consultants relating to the business, customers and suppliers of the Customer shall remain confidential and not be released to any party not concerned with the consultancy project, unless by express and prior approval of the Customer.


4. INTELLECTUAL PROPERTY RIGHTS

4.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
4.2 The content of the QCS Care Management System.
  1. The QMS remains the intellectual property of the Supplier, however supplied, at all times, and may not be used other than for the purposes of assessing it for the purpose of making a purchase decision.
  2. Each QMS trial is supplied for use within one registered Service and solely for the purposes of assessing its applicability to that registered Service, as identified within the trial QMS itself, unless specifically agreed in writing with the Customer. The Customer is responsible for ensuring that the QMS trial, in any format i.e. web based, computer based or on paper, is not used in any other establishment, and indemnifies the Supplier against any costs of licence enforcement and loss of income relating to the Supplier’s QMS resulting from unauthorised usage by any persons.
  3. During a valid trial period, the Customer is authorised only to view the QMS and its contents, within the service for which the system was provided.


5. CUSTOMER'S OBLIGATIONS

5.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
  1. co-operate with the Supplier in the performance of its obligations;
  2. provide the Supplier with any information reasonably required by the Supplier for the performance of its obligations;
  3. provide the Supplier with accurate information regarding the identity of the Customer, the contact details of the Customer, the nature of business of the Customer and application for which the QMS system trial is requested.
  4. obtain all necessary permissions and consents which may be required before the commencement of the services; and
  5. comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
5.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer's failure to comply with Clauses 4 and 5.1
5.3 The Customer, in accepting a Trial, is deemed to have signed up for the QCS Newsletter. The Customer may unsubscribe from the newsletter at any time using the link provided within the newsletter.


6. PRIVACY POLICY

6.1 Quality Compliance Systems respects each individual's right to personal privacy.
6.2 Information collected in order to supply a customised System will not be sold or given away to any other organisation
6.3 This site contains links to other web sites. QCS is not responsible for the privacy, practices or the content of external web sites.


7. ENTIRE AGREEMENT

7.1 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.


8. NO THIRD PARTIES

8.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.


9. GOVERNING LAW AND JURISDICTION

9.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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