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PCS Asbestos Consultants Ltd -  Terms and Conditions of Business V14 -  10/01/22

1. Interpretation

1.1 In these conditions:
'CLIENT' means the person who accepts a quotation of the Company for the provision of the Services or whose order for the Services is accepted by the Company.
'COMPANY' means PCS Asbestos Consultants Ltd (registered in England under number 6999763) who are accredited by the United Kingdom Accreditation Service for ‘Surveying for Asbestos in Premises’ to undertake Management, Refurbishment and Demolition Asbestos Surveys.
'CONDITIONS' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Client and the Company.
'CONTRACT' means the contract for the provision of the services.
"OUTPUT MATERIAL" means data, drawings, plans, documents, test results, surveys and other information prepared by the Company in relation to the Services.

“PROJECT NUMBER” means a unique number allocated to each specific project, inspection or service carried out by the Company which is referenced on the invoice raised by the Company in respect of each such specific project, inspection or service carried out by the Company.

'SERVICES' means the provision of consultancy, testing, survey, training, inspection or other services for which the company undertakes to perform for The Client under the Contract.
'WRITING' includes electronic mail, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale
2.1 The Company shall provide the Services and the Client shall pay for the same in accordance with any written quotation or tender of the Company which is accepted by the Client, or any written order of the Client which is accepted by the Company, subject in either case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No Variation to these Conditions shall be binding unless agreed in Writing between the authorised representative of the Client and the Company.
2.3 The Company's employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Company in Writing. In entering into the Contract the Client acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice issued by the Company shall be subject to correction without any liability on the part of the Company.

3. Orders and specifications
3.1 No order submitted by the Client shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company's authorised representative.
3.2 The Client shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Client, and for giving the Company any necessary information relating to the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3.3 The Company reserves the right to make any changes in the specification of the Services which are required to conform with any safety or other statutory requirements.
3.4 No order which has been accepted by the Company may be cancelled by the Client except with the agreement in Writing of the Company and on condition that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as the result of cancellation.

4. Assignments and Sub-Contracting
4.1 The Company will perform the Services using its own staff. However, the company reserves its right to sub-contract the whole or part of the work and will seek the clients written permission prior to the work commencing on site.

5. Price of Services
5.1 The price of the Services shall be the Company's quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Client, after which time they may be altered by the Company without giving notice to the Client.
5.2 The Company reserves the right by giving notice to the Client at any time before commencement of the Service, to increase the price of the Services to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), or any delay caused by any instructions of the Client or failure of the Client to give the Company adequate information or instructions.
5.3 Value Added Tax ("VAT") will be added to all charges at the rate applicable at the tax point at the time of invoice. Where the Client is registered for VAT within the European Union but outside the United Kingdom the work will be zero-rated provided The Company has been notified of the Client's VAT registration number. If the Client is not registered or The Company has not been so notified, VAT at the rate applicable at the tax point shall become payable.

6. Terms of payment
6.1 Subject to any special terms agreed in Writing between the Client and the Company, the Company shall be entitled to invoice the Client for the price of the Services on or at any time after commencement of the same.
6.2 The Client shall pay the price of the Services inclusive of VAT where applicable (but without any other deduction) within 14 days of the date of the Company's invoice in pounds Sterling. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
6.3 If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
6.3.1 cancel the Contract or suspend any further provisions of the Services to the Client. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the services.
6.3.2 under The Late Payment of Commercial Debts (Interest) Act 1998, charge the Client interest (both before and after any judgement) on the amount unpaid, at the rate of 6% per annum above (Barclays Bank Plc) base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and
6.3.3 charge the Client the costs of recovery of any outstanding amount including legal costs and disbursements and charge any Bank charges incurred on representing cheques or requesting special clearance thereof.

7. Force Majeure
7.1 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company's reasonable control.

8. Accuracy
8.1 Any results provided by the Company comprising advice data and conclusions are based on information supplied by the Client and evidence known at the time to the Company. The Client shall supply all necessary information, data, drawings and items necessary to the timescale required by the Company and shall arrange, at the Client's expense and risk, for the conveyance of all test items to and from the Company's offices unless the conveyance of samples and other items forms an integral part of the Work. All Data provided, conclusions reached, or recommendations made by the Company rely on scientific and engineering concepts disciplines and procedures used or adopted by the Company and the Company does not warrant that the same will necessarily be achieved by other parties, or that such conclusions or recommendations will necessarily be valid in circumstances other than those of which the Company has direct experience. Any results are believed to be accurate and reliable subject to the limitations of normal experimental uncertainties.
8.2 Any report produced by the Company for the benefit of the Client relates solely to the goods or samples reported on and not bulk from which the goods or samples were drawn.

9. Confidentiality and Intellectual Property
9.1 The property, and any copyright, design rights or other intellectual property rights in any Output Material shall, unless otherwise agreed in Writing between the Client and the Company, belong to the Company, but the Client shall be entitled to use the Output Material for the purposes of utilising the Services by way of an exclusive licence, subject to payment in full of all sums payable under this contract.
9.2 Any information provided by the Client which is so designated by the Client and any Output Material shall be kept confidential by the Company, and all Output Material or other information provided by the Company which is so designated by the Company shall be kept confidential by the Client; but the foregoing shall not apply to any documents or other materials, data or other information which either party is required to disclose by law or by statutory requirements or which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
9.3 The Output Material is prepared exclusively for the Client for the purposes of the Contract and may not under any circumstances be used by any third party. The Company is not liable for any Output Material so used and the Client shall indemnify the Company against all liability and loss, damages and expenses awarded against or incurred by the Company in connection with any claims by third parties in connection with such use of the Output Material.
9.4 While the Company is not aware, to the best of its knowledge, that any Output Material is in infringement of any design rights, copyright or other intellectual property rights of any third party, it does not give any particular warranty in this respect.

9.5 Output material may following client approval is available for dissemination via the The Company website to Client authorised users situated in the United Kingdom.  The Company shall not be liable if the content of this website or any viewing of it by the customer is contrary to the laws applying in the country where the data is accessed.  Information provided is the result of known data provided from different sources and may not include information for the whole building, site, plant, machinery, ship or other structure.  No guarantee is given that this is current, accurate or correct.  The Company do not represent or warrant that the contents of the website are accurate, complete, useful, up-to-date or accessible.  The Company do not accept and liability for the content of the website or its acceptability.  The Client should verify the accuracy of any information before acting upon it.  By showing links to other websites or material, The Company does not give any approval or endorsement to those websites or materials, and The Company accepts no liability for loss arising from your following such links and accessing those websites.

The Company makes no claim that the website is free from viruses or data corrupting or damaging material.  All representations and warranties relating to the The Company website, express or implied, are excluded.  The Company does not have any liability to you arising out if your use of the The Company website or interruption of your use.  Nothing in this disclaimer shall limit The Company’s liability to you for death or personal injury caused by The Company’s negligence or for fraud.  The laws of England and Wales govern this disclaimer.

10. Warranty and Limitation of Liability
10.1 The Company warrants to the Client that it is UKAS Accredited for Inspection to undertake Reinspection’s and Management, Refurbishment and Demolition Asbestos Surveys to residential and commercial properties and that the Services (with the exception of advice, web-data dissemination, services outside of scope of accreditation [completion of the priority risk assessment] and consultancy) will be provided in accordance with the accredited procedures of the company and UKAS accreditation.
10.2 Except as expressly provided in this Contract and so far as is permitted by statute all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded.

10.3 Subject to Conditions 10.2 and 10.7 the Company shall not be liable for loss of profits, loss of business, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information or any special, indirect, consequential, or pure economic loss, costs, damages, charges or expenses.
10.4 The Services are provided to and for the benefit of the Client exclusively and all collateral warranties are hereby excluded. Subject to Condition 10.7 the Company shall not be liable to any third party who seeks to use the Services without the Company's express written permission for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects or deficiencies of any sort in the Services whether such defects or deficiencies are caused by the negligence of the Company or its employees or agents or otherwise.
10.5 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
10.6 No liability is accepted by the Company for loss or damage howsoever caused to any goods or samples submitted for examination by the Client. Following examination of the goods or samples the remainder will only be returned to the Client upon written request. Unless the Company receives notice in Writing to the contrary the Company shall be entitled to dispose of all goods or samples within 6 months of the completion of the Contract (or in the case of bulk samples submitted to a third party UKAS accredited testing laboratory in accordance with their procedures).
10.7 Nothing in this Contract shall limit or exclude the Company's liability for death or personal injury resulting from the negligence of the Company or that of its employees or agents or any damage or liability arising as a result of fraud on the part of the Company.
10.8 The entire liability of the Company under or in connection with the Agreement shall not exceed a multiple of 5 (five) times the Company's charges in respect of the specific Services under the Contract as carried out and detailed by the Company under the Company’s specific Project Number.
10.9 The Client shall indemnify and keep the Company indemnified against all costs, expenses, damage or other losses incurred or suffered by the Company as a result of any claims made against the Company due to the infringement of any regulation, enactment or legislation by the Client.
10.10 The Client is under a duty to mitigate any losses howsoever caused.
10.10.1 The Client acknowledges and agrees that the limitation of liability contained in this clause is:
10.10.2 fair and reasonable;
10.10.3 reflected in the level of charges made by the Company.
10.10.4 just and equitable having regard to the extent of the responsibility of the Company for any loss or damage suffered.

11. Publicity
11.1 The Company's name shall not be used in connection with the Contract for purposes of publicity promotion or advertising without the prior written approval of The Company. The Company may publish or join in publishing any description or illustration of the works with the prior consent of the Client.

12. Non-solicitation of Staff
12.1 The Client shall not solicit or entice away or seek to entice away from the Company to work for its business, whether as principal, agent, partner, director, employee, secondee or consultant, any person who is or was employed or engaged by the Company in providing the Services.
12.2 Should the Client be in breach of 12.1 above, then it shall pay to the Company a sum to cover the Company's reasonable losses and costs in this matter.

13. Data Protection Act 2018
13.1 The Company is registered with the Information Commissioner’s Office and is compliant with the Data Protection Act 2018. All personal data shall be processed in line with our Privacy Policy.
13.2 The Company may consult or register information about the Client and the conduct of the Client's account with a licensed credit reference agency. The Company may also consult a licensed credit agency about any credit information that they hold on the Client, or the Client's principal directors. The Company will keep a record of that search either on computer or on manual records.
13.3 As part of its marketing policy the Company may send to the Client from time to time details of its products and services. If the Client does not wish to receive these details then please contact:

PCS Asbestos Consultants Ltd, First Floor, 2 Moor Lane, Highburton, Huddersfield.  HD8 0QS. Tel: - 01484 604920, Fax: - 01484 604920 email: [email protected]

14. Dispute Resolution and Applicable Law
14.1 Any dispute or difference arising out of or in connection with this Contract shall be referable at the option of either party to adjudication. The person who is to act as the adjudicator shall be agreed between the Client and the Company, the preferred adjudicator being ARCA/ATaC.
14.2 The contract shall in all respects be subject to and construed in accordance with English Law and the Client submits to the exclusive jurisdiction of the English Courts.

15. Events of Default, Termination, Repossession, Suspension
15.1 If:
15.1.1 the Client fails to pay any sums when due or otherwise materially breaches any of the terms of the Contract or any other terms agreed with the Company; or
15.1.2 the Client is, or for statutory purposes is deemed to be or appears to be unable to pay its debts as they become due, or the value of its assets is less than the amount of its liabilities (including contingent and prospective liabilities) or the Client otherwise becomes insolvent or suspends payment or threatens to do so or ceases to trade; or
15.1.3 the Client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
15.1.4 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Client; or
15.1.5 the Client ceases, or threatens to cease, to carry on business; or
15.1.6 where the Client is an individual or partnership, he or any partner dies; or
15.1.7 outside England and Wales anything corresponding to any of the above occurs; or
15.1.8 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client.
15.2 then in the above cases the Client shall notify the Company forthwith in writing of such event and in all cases the Company may (at its discretion, whether or not it has received notice from the Client as aforesaid, and without prejudice to its other rights hereunder or otherwise) at any time by notice to the Client do any one or more of the following:-
15.2.1 terminate, cancel and/or rescind the Contract and other contracts with the Client;
15.2.2 declare immediately due, payable and interest-bearing under clause 6.3.2 above any amounts owed by the Client to the Company under any contract;
15.2.3 suspend the provision of any Services to the Client;
15.2.4 proceed against the Client for any sums owing under the Contract and/or damages, as appropriate.

16. General
16.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
16.2 No waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder or the provision in question shall not be affected thereby
16.4 The parties acknowledge that, except as specifically provided in this Contract, it is not their intention that any third party shall be entitled to enforce any term of this Contract which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The PCS Portal Agreement V1_12/9/16

The PCS Client Portal Agreement (the “Agreement") is made by and between PCS Asbestos Consultants Ltd (“PCS”) and clients of PCS (the “Clients”) and those employees and contractors and others who have been so authorised by Clients to access and use the PCS Client Portal (the “Registered Users”). This Agreement with the following terms and conditions set out below becomes effective at the time and date access to the PCS Client Portal is first activated and completed by the Client and or the Registered User. Where the context so requires it “You” “Your” or “Yours” refers to the particular Client and or the particular Registered User.

1.       Purpose

PCS provides a secure internet site “PCS Risk Manager” and an IOS App the “PCS Risk Manager Client App” (both of which are hereafter referred to either separately or together as the “PCS Client Portal”), to permit easy and secure electronic transfer of documents between You and PCS as well as ongoing access to certain documents (which may include confidential documents) created or maintained by PCS.  PCS has sole discretion to decide which types of documents can be uploaded or viewed on the PCS Client Portal

 2.       Acceptance of Terms of Use

The PCS Client Portal is offered to You conditioned upon acceptance of the terms, conditions, and notices contained herein by You.  By using the PCS Client Portal You agree to these terms and conditions.  PCS may modify, suspend, discontinue or restrict the use of any portion of the PCS Client Portal, including the availability of any portion of the content at any time, without notice or liability to You or any other party whosoever.

 3.       Description of Service

The PCS Client Portal provides You with access to information displayed on the PCS Client Portal for deliveries of documents and information relating only to the account of the Client or Clients who have so authorised You.  Various information, documents, and communications on the PCS Client Portal are provided as a convenient resource to Clients and their Registered Users and may be used for informational purposes only.  This various abridged information contained on PCS Client Portal should NOT be used as a substitute for reviewing and consulting the latest full issued asbestos survey report

4.       Service Availability

PCS will use its best efforts to provide 24 hour daily availability of the PCS Client Portal. However, PCS makes no representation or warranty that 24 hour service will be available. You agree and acknowledge that the PCS Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.  PCS shall not be responsible to You or any other party whosoever for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the PCS Client Portal.   PCS is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by PCS on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Your computer or peripherals related to downloading any materials in from the PCS Client Portal.

5.       User Password and Security

Using the PCS Client Portal and its related services requires the use of a user name and password.  The confidentiality of the user name, password and account itself are the responsibility of You and the Registered User.  Any activities that occur in Client’s accounts on The PCS Client Portal are the responsibility of the Client and the Registered User .  You agree to notify PCS immediately of any unauthorised use of accounts or any other breach of security.  The use of another person’s username and password is expressly prohibited.

You acknowledge that the use of username and password is an adequate form of security.  You are responsible for:

                                              I.            authorising, monitoring, controlling access to and maintaining strict confidentiality of user names and passwords,

                                            II.            not allowing another person to use Your username or password,

                                          III.            any changes or damage that may be incurred as a result of Your neglect to maintain the strict confidentiality of Your username and password, and

You undertake to promptly inform PCS in writing of any need to deactivate a username due to security concerns or otherwise.

 PCS is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or Your authorisation to allow another person or entity to access and use the PCS Client Portal using Your username or password. You shall immediately notify PCS of any unauthorized use of Your username or password and any breach of confidentiality. Until PCS receives such notification from You , You will be held liable for any harm ensuing from the use of Your username on the PCS Client Portal.

PCS will use commercially reasonable efforts to make the PCS Client Portal secure from unauthorised access. The PCS Client Portal uses industry standard 256bit encryption on communications between Your device and the PCS Client Portal server.  However, You recognize that no completely secure system for electronic data transfer has yet been devised

PCS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE PCS CLIENT PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE PCS CLIENT PORTAL.

 6.       Registered Users

Access to the PCS Client Portal is on an individual basis, only Client approved Registered Users will be given access to the PCS Client Portal . Permission levels must be specified by the Client and PCS accepts no liability whatsoever for errors or mistakes howsoever arising  in approval of Registered Users by Clients including for any incorrectly completed forms.

 7.       Termination of Logon Account

You agree to notify PCS when Your access to the PCS Client Portal account is to be terminated. PCS will make commercially reasonable efforts  to terminate Your access immediately.  However, You cannot be assured that access has been terminated until You receive confirmation of the termination from PCS.

 9.       Accuracy of Content and Liability Disclaimer

To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided by PCS through the PCS Client Portal “as is" without warranty or condition of any kind.  PCS and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 To the maximum extent permitted by applicable law, in no event shall PCS, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with Your use or the performance of the PCS Client Portal, with the delay or inability to use the PCS Client Portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if PCS or its suppliers has been advised of the possibility of damages.

Given the changing nature of legislation and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in the PCS Client Portal.  As such, no information on the PCS Client Portal or related sites should be used as a substitute for consultation with professional advisors.

 If You are dissatisfied with any portion of the PCS Client Portal, information, documents, or communications on the PCS Client Portal , or with any of these terms and conditions of use, Your sole and exclusive remedy is to cease using the PCS Client Portal and the information, documents, or communications You obtained from the PCS Client Portal .

 10.   Icons, Logos, and Other Proprietary Material

The trademarks, logos, and service marks (collectively the “Trademarks") displayed on the PCS Client Portal are registered and common law trademarks of PCS.  Nothing contained on the PCS Client Portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the PCS Client Portal without the written permission of PCS . Your use of any of the Trademarks displayed on the PCS Client Portal or displayed on any content on the PCS Client Portal is strictly prohibited.

 You should assume that everything You see or read on the PCS Client Portal  is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the PCS Client Portal  without the written permission of PCS or its suppliers.

 11.   Changes to Terms and Conditions of Use

PCS reserves the right to modify the terms, conditions, and notices under which the PCS Client Portal   is offered.  Your continued use of the Company’s Client Portal after the posting of any amended terms and conditions shall constitute Your agreement to be bound by any such changes.

 12.   Confidentiality, Information Protection, and Protection of Data

Notwithstanding any existing legal or contractual obligations regarding confidentiality between You and PCS, You undertake to treat all knowledge relating to business secrets, which come into Your possession, as confidential.  You shall assure that any protected data, which comes into Your possession through the use of the PCS Client Portal , is not transmitted to any unauthorised person.  In partial consideration of the opportunity to access the resources of the PCS Client Portal concerning Your account, You agree to maintain the strict confidentiality of access of the PCS Client Portal and its data to You and Your authorised employees and to indemnify and hold harmless PCS  and its Directors, Officers, Shareholders, and Employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from Your or Your employees’ use of the PCS Client Portal or because of violation by You or Your employees of these terms and conditions of use.

 13.   No Unlawful or Prohibited Use

You are prohibited from using the PCS Client Portal to damage, disable, or overburden PCS’s servers or the servers of any of PCS’s suppliers or network or impair the PCS Client Portal  or interfere with any other party’s use of the PCS Client Portal .  Hacking, password mining, or any other means to gain unauthorized access to the PCS Client Portal , PCS Client Portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited.  PCS will fully cooperate with any law enforcement authorities or court order requesting or directing PCS to disclose the identity of anyone posting any such information and materials. 

14.   Miscellaneous

This is the entire agreement between PCS and You regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the PCS and You.

 15.   Term and Termination

This Agreement and the services contemplated by it may be terminated by PCS with or without notice at any time.  PCS may at any time terminate in whole or in part the PCS Client Portal without notice or liability.

16.   Acceptance

By completing the site registration, You hereby acknowledge that You have read the Terms and Conditions and that You agree to these Terms and Conditions.  This Agreement does not modify or affect any existing or future engagement letter or agreement between You and PCS.

 17.   Law

This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy v1 12/9/16


This privacy policy discloses the privacy practices for (www.pcs-asbestos.co.uk & https://pcsriskmanager.co.uk). This privacy policy applies to information collected by this web site, PCS Risk Manager and PCS Risk Manager App.   It will explain to you the following:-

What personally identifiable information is collected from you through the web site, PCS Risk Manager and PCS Risk Manager App how it is used and with whom it may be shared.

-What choices are available to you regarding the use of your data.

-The security procedures in place to protect the misuse of your information.

-How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing :-

We are the sole owners of the information collected on these sites. We only have access to/collect information that you voluntarily give us via email or which is provided to us by your GPS enabled mobile device and other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order or pursuant to a request by your employer or your client regarding your location at certain times and dates in connection with work your are performing for your employer or client

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information :-

Other than in respect of location information collected by your GPS enabled device, You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:-

See what data we have about you, other than any location based data collected by your GPS enabled device, if any.

-Change/correct any data we have about you.

-Have us delete any data we have about you.

-Express any concern you have about our use of your data.

Security :-

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information , that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Cookies:-

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Updates:-

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 01484 604920 or via email - [email protected].