Shea OH shall provide Occupational Health and Safety services as per the specified contract arrangements between Shea OH and the Client all such services and arrangements to be performed in accordance with these terms and conditions
The Client by entering into a Contract with Shea OH accepts and agrees to be bound by these Terms.
- Shea OH shall not, other than with the prior written consent of the client either during or after the termination of the contract disclose to any person, firm or third party any confidential information relating to the client, its employees, its business, trade secrets, customers or suppliers nor shall Shea OH use confidential information other than for the purposes of the Contract.
- For the purposes of this clause, “confidential information” shall mean information supplied to Shea OH by the client in connection with the contract and which either party to this agreement might reasonably be expected to object for whatever reason to such confidential information becoming generally known.
Payments, charges and interest
- Shea OH reserves the right to recover costs in the event of cancellation of services or during commencement of work for the client. Please see Cancellation details below.
- All payments arising shall be paid by the client to Shea OH within 30 days of date of invoice from Shea OH.
- The Company reserves the right to charge interest on overdue invoices which shall accrue from the date when the payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
- Shea OH reserves the right to recover costs in the event of cancellation of regular onsite contracted services, such as where a client has a booked visit one day a week, or one day a fortnight etc unless expressed notification is given either in writing or via telephone within 72 hours prior to commencement of any work, even when the service is rescheduled to an alternative date.
- Failure by a client’s employee to attend a prearranged appointment such as through the Occupational Health Physician network at a specified location and time will result in a cancellation fee equal to the full charge for the proposed service, unless at least one weeks’ notice is given.
- Cancellation of the provision of one off services carried out in relation to Occupational Health and safety services will be charged at the below rates:
- More than 4 weeks’ notice 25%
- 4 – 2 weeks 50%
- 2-1 weeks 75%
- Less than 1 weeks’ notice 100%
- The Contract shall terminate in the event of any of the following taking place:
- If either party shall have given to the other not less than 3 months’ written notice of termination of the Contract; or
- If the Client shall have committed a breach of the Contract and/or these Terms (and shall not have remedied such breach within 7 days of receiving written notice of the breach from Shea OH); or
- If either party shall become Insolvent whether by means of Receivership, Liquidation, or Voluntary Arrangement with Creditors, or if either party ceases or threatens to cease to carry on business.
- Upon termination of a contract any outstanding variance must be paid within 30 days of receiving the invoice.
- Shea OH clients agree not to employ directly any existing member of Shea OH staff or any member of staff who has left Shea OH employment within the previous 6 months without the written agreement of Shea OH Owner (Karen Shea).
- Any additions, amendments and variations to these Terms and/or Contract shall be binding only if made in writing and the Client’s authorised representatives duly advised/notified by an authorised representative of Shea OH.
- No failure or delay to exercise any power, right or remedy under these Terms or Contract by Shea OH shall operate as a waiver of it nor shall any single or partial exercise or waiver of any power, right or remedy preclude the further exercise of such power, right or remedy in full.
- The Contract and these Terms shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
- Delivery of e-mails may be affected by factors outside our control (e.g. firewall restrictions applied by the addressee). Shea OH cannot take responsibility for e-mails that have been sent but have been delayed or not delivered due to the above reasons.
- The Client must make Karen Shea Owner of Shea OH aware of any faults or discrepancies with any Services supplied within 30 days of the Company's invoice date.
- The Company will attend the Customer with regard to any faults or discrepancies within 30 days from the date of the complaint being made.
- In event of a complaint the Client must allow Shea OH a reasonable time in which to return to the client in order to rectify the problem. The term 'reasonable time' will be deemed as being within 48 hours for problems which may be deemed to cause a significant risk to Health and Safety, up to 7 days for problems relating to a fundamental service.
- The Client will not employ any other professional or Occupational Health or Safety company for the purpose of rectifying any fault associated with the Services, as supplied by the Company without the express permission of the Shea OH owner.