The DPA & GDPR May 2018
We and this website complies to the DPA (Data Protection Act 1998) and already complies to the GDPR (General Data Protection Regulation) which comes into affect from May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.
Website Visitor Tracking
This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.
Adverts and Sponsored Links
This website does not contain adverts or sponsored links.
Downloads & Media Files
Any downloadable documents made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications.
We accept no responsibility for third party downloads and downloads provided by external third-party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.
Contact & Communication With us
Users contacting this us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.
Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in ‘The policy’ above.
Email Mailing List & Marketing Messages
We do not operate and email mailing list or marketing platform and will not contact you about products, services and/or news we supply/publish.
External Website Links & Third Parties
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.
We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Policy & Usage
We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with, or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page. You can find further information about some social media privacy and usage policies in the resources section below.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date. All material contained on this Website or RammSanderson Social Media platforms is provided without any or warranty of any kind. You use the material on this Website or our social media platforms at your own discretion.
Terms of Business (Service Instruction)
We believe that it is important to explain at any early stage the basis on which we will work for you. These Terms of Business govern the supply of all Services provided by us to you.
“agreement” is a reference to these Terms of Business, our quotation and payment instructions provided to you;
“Service(s)” means the consultancy service(s) that you have requested us to provide to you;
“Terms of Business” means the terms and conditions of supply set out in this document;
“you”, “your” and “yours” are references to you the person requesting the Services from us;
“we”, “us” and “our” are references to RammSanderson Ltd
2.1 When instructing us to provide the Services you do so in accordance with this agreement. You are deemed to have accepted these Terms of Business, the fees for the Service and other terms such as timings which may have been quoted to you irrespective of whether you have signed and returned a copy of the Terms of Business.
2.2 Any contract for the supply of Services is between you and RammSanderson Ltd.
2.3 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of instruction.
3. Fees and Payment
3.1 All fees quoted to you are correct at the time of quotation. Value added tax shall be added to the fees where appropriate.
3.2 Fees are calculated on either a time-spent basis or fixed fee basis.
3.3 The Services are usually provided on a time-spent basis. The time taken to complete any work for you will be strongly influenced by factors outside our control. Some examples might be:- a) Changing circumstances following the initial instructions, b) Positions taken by parties in negotiations and c) Adjustments to instructions which are required as a project or job develops. Our fees will be calculated according to the time involved, the value of the professional staff undertaking the work and the nature and complexity of the work. Time spent dealing with your work will be recorded and will be detailed on your account.
3.5 In case of unusual complexity or urgency (such as court work) we reserve the right to charge an enhanced rate. Any enhancement in our rate will usually be agreed in advance and will in any event be shown on your account.
3.6 Where we have quoted a fixed fee for the Services a programme for the work will be agreed with you along with a precise scope of work and details of the instruction. Where any amendments are required to the fee this will be agreed with you in writing.
3.7 In addition to the fees quoted to you we shall also charge for out of pocket expenses that may be incurred in providing the Services. Travelling is charged at 0.50p per mile but we reserve the right to amend this rate from time to time. All other charges such as subsistence, colour photocopying, statutory fees and other professional fees incurred on your behalf will be re-charged to you at cost.
3.8 Our charge out rates will normally be reviewed annually to take account of inflation. You will be notified in writing as to the amount and date of effect of any changes.
3.9 Invoices will be submitted either on a monthly basis or upon completion of the Services whichever is earlier. Full payment must be made on all invoices within 30 days of the date of the invoice.
3.10 Payment must be made by one of the methods accepted by us as notified to you.
3.11 If any part of an invoice is disputed or queried by you, you shall notify us of the details of such dispute or query not less than 10 days prior to the due date of payment and of your intention to withhold payment. The payment of any undisputed part of the invoice shall not be delayed.
3.12 Failure to pay on time will result either in the cancellation or suspension of the Services and/or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
3.13 If we are not paid an invoice we may instruct a debt collection agency to collect our payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may have to pay the debt collection agency, who will add the sum to your outstanding debt on our behalf.
4.1 You must notify us immediately if you decide to cancel your instruction.
4.2 Once we have heard from you that you wish to cancel your instruction we will cease providing the Services to you and invoice you for all fees and expenses incurred up to the date we ceased working for you.
4.3 We may cancel the Services we provide to you where you have failed to pay an invoice on time or where we reasonably believe or anticipate that you have acted in breach of these Terms of Business.
5. Our Obligations
5.1 We will perform the Services with reasonable skill and care in accordance with accepted industry practice and standards.
5.2 If specified in the quotation, we shall effect and maintain professional indemnity insurance in the sum specified in the quotation.
5.3 We may subcontract the performance of some elements of the Services from time to time to carefully chosen sub-contractors. When doing so strict protocols are followed and approval procedures and checks are followed and maintained.
5.4 We undertake to maintain records of the Services provided for a period of two years from completion of the Services and provide copies on request to you upon reimbursement of reasonable copying charges.
5.5 We acknowledge that as a member of the Institute of Chartered Foresters, the Chartered Institute of Ecology & Environmental Management and the Arboricultural Association, we are bound by their codes of conduct and codes of ethics for the time being in force in performing the Services.
6. Your Obligations
6.1 You warrant to us that all information you provide to us is accurate at the time of notification and you will notify us as soon as practicable of any significant changes which would impact our ability to provide the Services.
6.2 You warrant that you have the full authority and are legally authorised to instruct us to provide the Services.
6.3 You hereby agree to provide reasonable co-operation and assistance to us in order to enable us to effectively provide the Services to you.
7. Limitation of Liability
7.1 We disclaim any and all liability to you for the supply of the Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
7.2 We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
7.3 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
7.4 We shall not be liable for any loss or damage or expenses of any nature incurred or suffered by you of an indirect or consequential nature including without limitation any economic loss, loss of profits turnover, business or goodwill.
8.1 If either party is in breach of its obligations and fails to remedy such breach (if capable of remedy) within 14 days of receiving written notice to remedy the breach then the agreement may be terminated forthwith by the party not in default without prejudice to the accrued rights of the parties.
8.2 If either party shall become insolvent or bankrupt or have a receiving or administration order made against it or compound with its creditors or commence winding up (save for solvent amalgamation or reconstruction) the other party shall be at liberty by written notice to terminate the Agreement forthwith.
9.1 We agree to take all reasonable steps to keep confidential any information relating to you which we obtain during the course of this agreement where such information is of a confidential or commercially sensitive nature. This obligation of confidentiality does not extend to any information which (i) is in the public domain, (ii) was in its possession prior to the commencement date of the Services or (iii) was disclosed by a third party not acting in breach of a confidentiality obligation.
10. Intellectual Property
10.1 The intellectual property rights arising out of any reports produced by us as part of the Services shall transfer to you upon payment of all sums due under the agreement.
11.1 We may assign or novate any part or parts of our rights and obligations under these Terms of Business without your consent or any requirement to notify you.
11.2 The Terms of Business, any quotation and payment instructions constitute the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms of Business and any other term or provision, these Terms of Business shall prevail.
11.3 If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
11.4 No term of this agreement is intended for the benefit of any third party, and the parties do not intend that any term of this agreement shall be enforceable by a third party either under the Contracts (Third Parties) Act 1999 or otherwise.
11.5 These Terms of Business and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
11.6 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.