Terms & Conditions

TERMS & CONDITIONS

Section 1 – General Terms

 

General

1. All confirmed product and service requests will be detailed on a Booking Form, sent to the client before
commencement and must be paid for in advance (or within the terms and conditions of a 30-day Client
Account).

2. We reserve the right to reject any work which we believe to be unlawful or immoral. These Terms and
Conditions apply to the entire contents of our Website under the domain name www.milebay.co.uk and to any
correspondence by e-mail or through the Website between us and you.

Website

1. Please read these Terms and Conditions carefully before using the Website. Using the Website indicates that
you accept these Terms and Conditions regardless of whether you choose to work with us. If you do not accept
these terms, do not use the Website. This notice is issued by Milebay Consultancy Ltd.

2. The Company may update these Terms and Conditions at any time by updating this document and relevant
web page on our website. You should check this page from time to time ensure you are happy with any
changes. These Terms and Conditions are effective from 28 October 2018.

3. Other than personally identifiable information, which is covered under our Privacy Policy, any material you
transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall
have no obligations with respect to such material. The Company and its designees shall be free to copy,
disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other
things embodied therein for all commercial.

4. This Website is provided ‘as is’ without warranty of any kind, whether expressed or implied, including, but not
limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement.

5. The Company assumes no responsibility for errors or omissions in this Website or other documents that are
referenced by or linked to this Website.

6. In no event shall the Company be liable, whether in contract (including but not limited to negligence or breach
of statutory duty), for misrepresentation or otherwise howsoever for any special, incidental, indirect or
consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting
from loss of use, data or profits, whether or not the Company has been advised of the possibility of damage and
on any theory of liability, arising out of or in connection with the use or performance of this Website.

7. The Milebay Consultancy Ltd website could include technical or other inaccuracies or typographical errors.
Changes are periodically added to the information herein; these changes will be incorporated in new editions of
this Website. The Company may make improvements and/or changes in the product(s) and/or the service(s)
described in this Website at any time.

All information presented on this Website is correct only at the date of original publication and no warranty is
given as to its continued accuracy. There is no obligation on the Company to update the information should the
Company become aware that the information is not correct.

8. Certain hypertext links in this site will lead to web sites that are not under the control of the Company. When
you activate any of these you will leave the Company Website and the Company has no control over and will
accept no responsibility or liability in respect of the material which follows.

9. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company
shall not be liable if for any reason the Website is unavailable at any time or for any period.

10. Access to the Website may be suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond the Company’s control.

Liability

1. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

BOOKING

1. Your place(s) will be confirmed upon receipt of your signed Booking Form and subsequent payment.

2. Important note: Milebay Consultancy Ltd.’s acceptance of your booking brings into existence a legally binding contract between us on these Terms and Conditions. Any term sought to be imposed by you in any purchase order or correspondence will not form part of the contract.

PURCHASE ORDERS

3. Purchase orders may be accepted in lieu of payment at time of booking at Milebay Consultancy Ltd.’s sole discretion.

4. Acceptance of purchase orders is subject to Milebay Consultancy Ltd.’s prior approval for credit items.

5. Purchase orders shall not be accepted from any customer at any time during which the customer’s account is placed on ‘stop’ due to default.

INVOICING AND PAYMENT

6. Training Course Fees are payable upon booking unless a valid, authorised purchase order is provided and accepted, and a 30-day account has been agreed and signed up beforehand.

7. Invoices will be sent via post and email to the name and address provided on the Booking Form and must be paid at least 7 working days prior to the date that the course commences (or within 30 days of the invoice date – Credit Account Clients only), whichever date occurs soonest (the ‘Due Date’).

8. Payment must be made in Pounds Sterling by cash, credit/debit card or BACS.

9. If any amount properly due to Milebay Consultancy Ltd under or in connection with these Terms and Conditions remains outstanding beyond the due date Milebay Consultancy Ltd may:

a) Claim interest and statutory compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

b) Overdue invoices will incur a fee of 5% of the balance per day until paid in full.

TRAINING COURSE ATTENDANCE AND CERTIFICATION

10. Candidates will receive course details via email to the email address provided on the Booking Form.

11. It is the responsibility of the individual completing and signing the Booking Form to ensure the course details are received by the candidate.

12. If the course details are not received, it is the responsibility of the individual who completed and signed the Booking Form to contact Milebay Consultancy Ltd. to arrange for them to be reissued.

13. Failure to attend the course will result in the full cost being incurred.

14. Milebay Consultancy Ltd. will send all correspondence primarily via email to the email address provided on the Booking Form. If alternative details are received after the Booking Form has been submitted, they will supersede the original details and all future correspondence will be sent to the new address.

15. No certificate(s) shall be issued whilst there is an outstanding balance (including interest on overdue balances and statutory compensation) due to Milebay Consultancy Ltd.

16. No certificate(s) shall be issued if the candidate fails to complete the entire course, including any final exam.

17. It may be necessary, for reasons beyond the control of Milebay Consultancy Ltd, to change the content and timing of the programme, the date, the venue or the instructor.

CANCELLATIONS AND AMENDMENTS

18. All requests for cancellations and/or transfers must be received in writing.

19. Changes will become effective on the date of written confirmation being received.

20. The appropriate cancellation charge will apply based on the cost of your booking, as shown:

a) Greater than 7 working days’ notice before the training course date: full refund.

b) Less than 7 working days’ notice before the training course date: no refund will be given.

c) Failure to attend will be treated as late cancellation and no refund will be given.

21. In the event of an individual named on the Booking Form cannot attend, we will accept substitution of another delegate on the condition that written notification of the substitution has been received by us prior to the course date.

22. If the individual named on the Booking Form is unable to attend, and cannot or does not wish to transfer their place to another candidate, the booking fee paid may be accepted as payment towards a place on the same or another training course that takes place within 6 months following the originally booked event, if notification is received in writing more than 7 working days in advance of the original course start date.

23. Delegates are only permitted to one training course transfer or substitution per booking; after this the full fee will be charged.

24. In the event of there being insufficient numbers booked onto a course, Milebay Consultancy Ltd reserves the right to cancel or postpone a course.

25. In the event of a cancellation of a training course by Milebay Consultancy Ltd, we will endeavour to inform all participants a week before the course is due to take place, although please be aware that this is not always possible. All course fees paid will be reimbursed in full, or the payment will be transferred in full to another Milebay Consultancy Ltd course. Milebay Consultancy Ltd shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation etc.

TRAINING COURSE PROVISIONS

26. Accommodation and travel are the responsibility of the candidate.

EXTENUATING CIRCUMSTANCES

27. If you are unable to attend any of the training course due to extenuating circumstances, you must inform Milebay Consultancy Ltd in writing.

28. If you are unable to attend due to illness you must provide evidence in the form of a doctor’s certificate.

29. Any failure to attend part or all the training course without providing 7 working days’ notice remains chargeable/non-refundable. Any refund request for failure to attend in extenuating circumstances is at
the discretion of Milebay Consultancy Ltd.

FORCE MAJEURE

30. Milebay Consultancy Ltd shall not be liable to refund of fees or for any other penalty, should training courses be cancelled due to war, fire, strike lock-out, industrial action, tempest, accident, civil disturbance or any other cause whatsoever beyond their control.

ENTIRE AGREEMENT

31. These Terms and Conditions, together with the current Milebay Consultancy Ltd price list, training course details and contact details, set out the whole of our agreement relating to the supply of the training course and associated materials and services to you by Milebay Consultancy Ltd. These Terms and Conditions cannot be
varied except in writing, signed by a Director of Milebay Consultancy Ltd. No Terms and Conditions incorporated within your purchase order and nothing said by any person on behalf of Milebay Consultancy Ltd should be understood as a variation of these Terms and Conditions, or as an authorised representation about the nature
or quality of any goods or services offered for sale by Milebay Consultancy Ltd. Milebay Consultancy Ltd. shall have no liability for any such representation being untrue or misleading.

Section 2b

 

Payment Terms

Please note: these ‘Terms and Conditions’ may be subject to change without notice.

Audit and Consultancy Booking Terms and Conditions and Cancellation Policy

BOOKING

1. All pre-audit consultation(s) and/or audit(s) will be confirmed upon receipt of a signed Booking Form and subsequent payment.

2. Important note: Milebay Consultancy Ltd.’s acceptance of all booking brings into existence a legally binding contract between Milebay Consultancy Ltd. and the client on these Terms and Conditions. Any term sought to be imposed by the client in any purchase order or correspondence will not form part of the contract.

PURCHASE ORDERS

3. Purchase orders may be accepted in lieu of payment at time of booking at Milebay Consultancy Ltd.’s sole discretion.

4. Acceptance of purchase orders is subject to Milebay Consultancy Ltd.’s prior approval for credit terms.

5. Purchase orders shall not be accepted from any customer at any time during which the customer’s account is placed on ‘stop’ due to default.

INVOICING AND PAYMENT

6. All fees are payable upon booking unless a valid, authorised Purchase Order is provided and accepted.

7. Invoices will be sent via post and email to the name and address provided on the Booking Form and must be paid at least 7 working days prior to the date that of the Consultation (Earned Recognition Audits require payment to be made at least 14 working days’ prior to audit) (or within 30 days of the invoice date – Credit Account Clients only), whichever date occurs soonest (the ‘Due Date’).

8. Payment must be made in Pounds Sterling by cash, cheque, credit/debit card or BACS.

9. If any amount properly due to Milebay Consultancy Ltd. under or in connection with these Terms and Conditions remains outstanding beyond the due date Milebay Consultancy Ltd may:

a) Claim interest and statutory compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

b) Overdue invoices will incur a fee of 5% of the balance per day until paid in full.

CONSULTATIONS, AUDITS AND DOCUMENTATION

10. You will receive confirmation of the work booked via email to the email address provided on the Booking Form.

11. it is the responsibility of the individual completing and signing the Booking Form to ensure the work details are received by all parties who need to attend the audit/consultation.

12. If the work details are not received, it is the responsibility of the individual who completed and signed the Booking Form to contact Milebay Consultancy Ltd. to arrange for them to be reissued.

13. Milebay Consultancy Ltd. will send all correspondence primarily via email to the email address provided on the Booking Form. If alternative details are received after the Booking Form has been submitted, they will supersede the original details and all future correspondence will be sent to the new address.

14. No manual(s), policies or documentation shall be issued whilst there is an outstanding balance (including interest on overdue balances and statutory compensation) due to Milebay Consultancy Ltd. This includes submissions of Bronze, Silver and Gold audit submissions and any other products or services provided by Milebay Consultancy which are overdue payment.

15. It may be necessary, for security reasons beyond the control of Milebay Consultancy Ltd. to change the consultation date, timing or consultant.

CANCELLATIONS AND AMENDMENTS

16. All requests for cancellations and/or postponements must be received in writing.

17. Changes will become effective on the date of written confirmation received.

18. The appropriate cancellation charge will apply based on the cost of the booking, as shown below:

a) Greater than 7 working days’ notice (Earned Recognition Audits require 14 working days’ notice) before the consultation/audit date: full refund

b) Less than 7 working days’ notice (Earned Recognition Audits require 14 working days’ notice) before the consultation/audit date: no refund will be given

c) Failure to be available on the day of the audit/meeting will be treated as late cancellation and no refund will be given.

19. If the client requests to move the date and/or time of the consultation/audit, at least 7 working days’ notice (Earned Recognition Audits require 14 working days’ notice) is required. The revised date must take place within six months of the original booking date.

20. Clients are only permitted to one postponement per booking; after this the full fee will be charged.

21. In the event of cancellation by Milebay Consultancy Ltd., we will endeavour to inform the client a week before the consultation/audit is due to take place, although please be aware that this is not always possible. All fees paid will be reimbursed in full. Milebay Consultancy Ltd. shall have no liability for any consequential loss, and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation etc.

EXTENUATING CIRCUMSTANCES

22. If the consultation and/or audit cannot take place due to extenuating circumstances, the client must inform Milebay Consultancy Ltd. in writing.

23. If the consultation and/or audit cannot take place due to illness, the client must provide evidence in the form of a doctor’s certificate.

24. Any failure to attend or be available for the consultation/audit without providing 7 working days’ notice (Earned Recognition Audits require 14 working days’ notice) remains chargeable/nonrefundable. Any refund request for failure to attend in extenuating circumstances is at the discretion of Milebay Consultancy Ltd.

FORCE MAJEURE

25. Milebay Consultancy Ltd shall not be liable to refund of fees or for any other penalty, should audits and/or consultations be cancelled due to war, fire, strike lock-out, industrial action, tempest, accident, civil disturbance or any other cause whatsoever beyond their control.

ENTIRE AGREEMENT

26. These Terms and Conditions, together with the current Milebay Consultancy Ltd price list, audit/consultation details and contact details, set out the whole of our agreement relating to the supply of the audit and consultancy services and associated materials and services to you by Milebay Consultancy Ltd. These Terms and Conditions cannot be varied except in writing, signed by a Director of Milebay Consultancy Ltd. No Terms and Conditions incorporated within your purchase order and nothing said by any person on behalf of Milebay Consultancy Ltd should be understood as a variation of these Terms and Conditions, or as an authorised representation about the nature or quality of any goods or services offered for sale by Milebay Consultancy Ltd. Milebay Consultancy Ltd. shall have no liability for any such representation being untrue or misleading.

Section 3

 

Privacy Policy

This privacy policy explains how we use any personal information we collect about you when you use this website or contact us.

This policy covers:

1. What information do we collect about you?
2. How will we use the information about you?
3. Communication and Marketing
4. Access to your information and correction
5. Data storage
6. Right to erasure
7. Cookies
8. Other websites
9. Changes to our privacy policy
10. How to contact us

1. What information do we collect about you?

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. All direct payment gateways offered and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We collect information about you when you contact us about our services or commission us to work on your
behalf. We may also collect information when you voluntarily complete any customer surveys or provide
feedback. Any website usage information is collected using cookies (see section below regarding cookies for
more details)

We may collect information such as, but not limited to:

• Name and Job Title
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to customer surveys and/or offers, such as information about your business needs
and requirements

2. How will we use the information about you?

We collect information about you only to respond to your enquiries, to assist us with carrying out any work for
you and, if you agree, to inform you about our products and services we think may be of interest to you. We will
never pass any information you give to us to any other 3rd party.

You can select how you would like to receive information from us or you can decline to receive such information.

3. Communication and Marketing

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to
resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to
send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement,
applicable national laws, and any agreement we may have with you. For these purposes we may contact you via
email, telephone, text messages, and postal mail. You have the right at any time to stop us from contacting you
for marketing purposes and you can opt out at any time by emailing enquiries@milebay.co.uk.

4. Access to your information and correction

You have the right to request a copy of the information that we hold about you. If you would like a copy of some
or all your personal information, please email enquiries@milebay.co.uk. We will not make any charge for this
service. We want to make sure that your personal information is accurate and up to date, but you can also ask us
to correct or remove any information you think is inaccurate.

5. Data Storage

The security of your data is very important to us and we take steps to ensure it is held securely. This includes
any personal information about you (as described above) and your privacy/marketing preferences. If you cease to be a client, we will retain your personal information and any work you have instructed us to carry out, for a period of 6 years from the point of cessation. After a 12-month period we will contact you regarding the information we hold and to update your data and marketing preferences.

6. Right to Erasure of your Information

You have the right to request that your information is completely removed from our records. Right to erasure
requests should be made by email, addressed to the Data Controller at enquiries@milebay.co.uk. Milebay Consultancy will action all such requests without undue delay, where the data is no longer needed for legal or regulatory reasons.

7. Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour
information. This information is used to track visitor use of the website and to compile statistical reports on
website activity. For further information visit or www.allaboutcookies.org. You can set your browser not to accept
cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases
some of our website features may not function correctly as a result.

8. Other websites

Our website may contain links to other websites. However, this privacy policy only applies to this website, so
when you click a link to go to another website, you should read their own privacy policies.

9. Changes to our privacy policy

We keep our privacy policy under regular review and we will place any updates on this web page. We
recommend you visit this page regularly to check for any amendments or updates. We reserve the right to
modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect
immediately upon their posting on the website. If we make material changes to this policy, we will notify you here
that it has been updated, so that you are aware of what information we collect, how we use it, and under what
circumstances, if any, we use and/or disclose it.

10. How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you: by
emailing enquiries@milebay.co.uk or by writing to The Data Controller, Milebay Consultancy Limited, 5 Gunnels
Wood Park, Gunnels Wood Road, Stevenage, Hertfordshire, SG1 2BH

This document was last updated on 06 December 2018.