Clients must be aware of the coaching and Mentoring role as the relationship is not a typical consultant hire but can be a complimentary alternative that enables and empowers clients managing their own Health & Safety.  This brief agreement aims to set expectations and help avoid frustration or misunderstanding. Full terms & conditions are available at marksafety.co.uk.  Marksafety cannot offer any result based or legal qualitative or quantitative guarantees for Coaching or Mentoring. A coach facilitates a consented collaborative conversation and may:

 

• Ask questions and help you to develop tools/templates working towards your solution.

• Discuss principles to increase general awareness and direct clients to further guidance

• Help review and/or progress plans to provide feedback and/or hold clients accountable

 

Marksafety work with small UK based businesses developing individuals to form habits and use tools that enable you, the client to manage your own basic Occupational Health and Safety in a sustainable way. Marksafety does not relieve you, the client of any legal responsibility by managing safety or carrying out work on your behalf. Marksafety will assist you, the client, to identify needs, explore options in principle and help develop tools and review/progress actions with you. Marksafety does not accept responsibility for any action taken (or not taken) as a direct or indirect result of our coaching. Marksafety retains the right to refuse service on matters that are not within competence, ethical parameters or where we feel requests fall outside of the Coaching/Mentoring remit.

 

As a Mentee you must understand and respect the concept of mentoring / coaching. You set the priority and choose what you do along with how, if or when you do it. For this reason you pledge to be responsible, accountable, available and invested.

 

As your Mentor/Coach we pledge to act in your best interest at all times. While I accept no executive power or responsibility I will offer the best of my experience, knowledge, skills and tools to collaboratively support your and the organisations goals.

 

TOOLS & DOCUMENTS

 

Tools/documentation issued by Marksafety are for development/mentoring purposes and are not endorsed by any body or guarantee statutory compliance. Any documentation is to be seen as "a first draft", to be developed, adopted and implemented by you, the client. Tools/templates always remain the intellectual property of Marksafety.

 

As the majority of our coaching is provided remotely / digitally, it is expected that clients will have access to and reasonable skill sets to use a computer with internet access. Marksafety accepts no liability for loss or issues caused by third party apps / software used by clients to receive Marksafety services.

 

FAIR USE POLICY

 

Put simply fair use is about being respectful of the coaching / mentoring support model and the role both parties play. As a mentor or coach it is not our role to chase or convince clients nor are we here to manage or monitor your safety systems for you. We cannot be available 24/7 at short notice. Our time is shared serving multiple clients meaning availability and delivery may be dependent on demand and some scheduling / planning is required from clients for maximum benefit and efficiency. All services are subject to availability. Scheduled support should allow sufficient time for preparation and/or travel if needed. Where possible contact should be during practice hours unless an emergency or otherwise agreed. Unused time cannot be carried over, combined or extended. 
 

COACHING CONSULTATIONS

 

The recognised method to obtain coaching/support will be through scheduled 60 minute consultations requested by you, the client where possible via phone/video call as travel will be changeable at a standard rate per mile. 30 minute online consultations are available for follow-ups, check-ins or quick questions. 30 minute online consultations also offered complimentary for discussing new projects or services. Double consultations are of course 2 hours.

 

Except in exceptional cases, any appointments not rearranged / cancelled at least 24hrs prior will be chargeable. Site visits may be available but charges start from 1 hour plus travel (and reasonable agreed expenses). 

 

A “full” consultation includes;

 

• Up to 60 minute coaching/mentoring consultation inc. Travel within FY (Fylde) postcode area if necessary.

• Brief session notes or tool/resource to support your session (as is practical at our discretion).

• Offer of a discounted online 30 minute follow-up consultation within a month of first consultation.

 

MONTHLY SUBSCRIPTION

 

Mentoring or Coaching subscriptions run from the 1st of each month, payable by monthly direct debit (Joining fee also applies). 1 Months written notice and a final month's payment is required to stop subscription, failing to pay the monthly fee will automatically stop membership and any outstanding money owed will be invoiced. 

 

Marksafety will work with the business director and one other nominated business contact. Additional workplaces, contacts may need to be added to standard subscription costs. Additional businesses will require a separate membership however discount can be applied where the same named director is in place across the two businesses.

 

Clients are expected to independently review and adopt documents prior to use, this also includes subsequent reviews, communicating and implementing them as necessary. Clients are responsible for reviewing and maintaining documents such as training matrix and safety records (diary) on a constant/monthly basis. Your included consultation may be used to support you doing this to some degree.

 

Monthly subscription services are subject to availability and fair use policy and  include:

 

• Certificate of subscription to Marksafety as your named "Competent Person" / Business Safety Mentor.

• Periodic member newsletters, updates and email generic communications/prompts.

• Access to principled advice and guidance of a concise nature via phone/email during office hours. 

• Access to online generic tools, templates, information and resources.

• A 30 minute emergency online consultation in event of a claim, RIDDOR incident or enforcement action.

• 10% member discount on services provided directly by Marksafety Ltd and Marksafety Consultancy LLP.

• Editable key safety documents (shared via cloud) adopted and maintained by you, the client. 

• Offer of a monthly online 30 minute check-in/review consultation (to be scheduled by you, the client).

• "Can you just ask" each month for support or a task taking up to 30 minutes.

• Annual document review along with the offer of a safety management health check consultation.

 

(“Associate Members” pay annually and are only entitled to those services in bold font above). Additional support requested outside subscription parameters will be undertaken  by Marksafety Ltd's sister company Marksafety Consultancy LLP and invoiced separately at the standard rate -10% discount (subject to availability).

 

MENTORING PROGRAMME

 

The Mentoring Programme is designed to provide an intensive online mentoring experience to clients based around Marksafety Six Essential Elements and includes the support and tools in order to understand and implement a basic safety management system over 3 months. After 3 months Mentoring clients will need to subscribe to monthly membership to retain service or complete the programme. A fee will apply for additional mentees from the same organisation joining the programme. Mentor support and resources will be provided through 2 or 3 months of membership and mentoring via 6 consultations the workings of both as laid out in this document. 

 

Post initial introductory / expectations meeting clients will receive;

 

• 6 consultations to understand and help implement each of the six essential elements.

• A Draft Policy Document

• Draft set of generic Risk Assessments

• Tool to record and review safety management 

• Tool to manage competence or employees and contractors

• Understanding of Emergency Fire and first aid needs

• Health check to identify any remaining needs along with final hand over meeting

• Certification awarded to the business and Mentee on successful completion of the programme.

• Programme also includes a copy of the Six Essential Elements book.

 

Additionally a day may be offered (at discounted rate) to visit the business and assist further by carrying out basic training, fire risk assessment, workplace/equipment checks etc. This will be quoted on offering this additional bolt-on.

 

FINALLY

 

By using our service you accept this agreement and understand the concept of Coaching and Mentoring is about educating, engaging, empowering and enabling you in principle to manage your own Health and Safety and that the business is always ultimately responsible and accountable for Health and Safety management and compliance.

 

Please note our terms and conditions may be reviewed and change from time to time without prior notice. If unsure or have any concerns please make this known in writing to Marksafety. Payment terms and dates will be stated on invoices.

Refunds of waving of fees in "Exceptional circumstances" will be at Marksaftey's digression on individual merit.

 

Any questions or concerns must be made in writing to admin@marksafety.co.uk.
 

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Full Terms and Conditions 

Marksafety Limited and Manksafety Consultancy LLP

 

Background

 

These terms help set service expectations and are kept brief in pursuit of simplicity. If unsure about any of the content please contact us.

 

Marksafety Limited provides support and guidance to assist clients in the set up and management of health and safety systems. It is our client’s responsibility to reassure there self that Marksafety Ltd. holds applicable skills, experience and training to carry out this role.

 

1. Definitions

 

1.1 Scope: This document defines the general terms that shall apply to all consultancy agreements and retainer contracts involving Marksafety Limited (also applicable to Marksafety Consultancy LLP). These clauses are incorporated into and form an integral part of our contract.

 

1.2 The parties: Marksafety Ltd or Marksafety Consultancy LLP of England the Client: ‘the Client’ is the party with whom a contract for services exists.

 

2. Statement of Professional Standards

 

2.1 Marksafety Ltd will conduct its business in accordance with professional standards and in a manner which represents itself and the client’s organisation in a professional light.

 

3. Performance

 

3.1 All commitments with respect to the timing and scope of a project given to the client by Marksafety Limited – whether verbal or written – are made in good faith but are made necessarily in advance of knowing the full scope of the difficulty that may pertain to performance on specific points. For this reason, whilst Marksafety Ltd agrees to use its best endeavours to fulfil such commitments to clients on the timing and the scope of consultancy and other projects we cannot guarantee performance in either respect.

 

4. Confidentiality   

 

4.1 Marksafety Limited agrees to hold all information provided by the Client confidential where such information is known to Marksafety Ltd. already, or exists already in the public domain, until, either the information enters the public domain, or Marksafety Ltd is given the same information by a third party, or is released from its confidentiality requirement by the client, or the client is found in breach of contract with Marksafety Ltd by a court of law (including non-payment of account) or three years have elapsed – whichever is the sooner.

 

4.2 Client agrees to hold confidential all information about Marksafety Ltd’s proposal(s), fee structures, fees and personnel.

 

5. Rights of Ownership

 

5.1 Marksafety Ltd warrants that all personnel provided to fulfil the contract, whether full-time employees or not, will be employed on terms that protect the Client's intellectual property rights.

 

5.2 Marksafety Ltd has a substantial body of intellectual property held both electronically and on paper. When a client contracts with Marksafety Ltd to provide consultancy services, this does not transfer any of Marksafety Ltd’s underlying IP to any client under any circumstances. Documents, systems and other forms of IP remain Marksafety Ltd. Property.

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6. Time Basis for Contracts

 

6.1 Activity time includes all working time spent acting for the client. .Where applicable, activity time is calculated inclusive of travel time from the prior non-client activity (ie; from the consultant’s home, office, or third party premises).

 

6.2 The unit of activity is normally the Day, Half Day or hour, except where otherwise agreed in advance.

 

6.3 Where the unit of activity is by the hour, all travel, office, administrative, preparatory, production and telephone time in addition to actual client meetings and external related work/meetings, are chargeable at the agreed hourly rate for the individual concerned.

 

6.4 Activity logs only produced if agreed in writing prior with individual client and provided to client upon request.

 

7. Expenses

 

7.1 Marksafety Ltd and Marksafety Consultancy LLP contracts with clients stipulate whether they are ‘fixed price’ (ie all expenses will be included within the pre-negotiated fee and not charged supplementary to the client) in any other case expenses are levied in addition to our agreed fee.

 

7.2 Where not stated it is to be assumed exceptional expenses will be chargeable to the client outside reasonable expectation or outside the original proposed scope of work.

 

7.3 Marksafety Ltd’s employees are required to obtain receipts for expenses wherever practical. These are retained by Marksafety Ltd and are available for inspection by the client upon his request.

 

7.4 Where work can be completed remotely this will be the case. Travel is by agreement only. Mileage where chargeable to the client and over 25 miles from head office will be at a rate of 0.45p/mile (or half rate for travel over 30 minutes from head office where mileage is not applicable ie mode of transport other than car).

 

7.6 Costs of supplying goods and services will be chargeable at cost to Marksafety Ltd plus 20%

 

8. Fees

 

8.1 The remuneration structure agreed between the client and Marksafety Ltd or Consultancy LLP may be based on a number of methods. These are a ‘retainer’, a ‘fixed fee’, a ‘time based rate’ (e.g. day rate, or an hourly rate).

 

8.2 The client agrees to pay Marksafety Limited or Marksafety Consultancy LLP according to the fee structure outlined in Marksafety Limited’s project proposal.

 

8.3 ‘Retainer fee’ shall be defined as a pre-payment made to secure Marksafety Ltd’s services for a fixed period of time. The retainer shall be automatically renewed every 30 days except where either party gives the appropriate 30 days’ notice or is in breach of the contract or where otherwise defined in the specific terms of the contract.

 

8.4 Fixed fee contracts cover the performance of an agreed service as outlined in our Project Proposal for an agreed remuneration. The fee shall be fixed in the currency in which the quotation is made, regardless of exchange rate movement.

 

8.5 Any proposal and the rates quoted therein are valid for orders received within 1 month of issue and for implementation to begin within 3 months.
 

9. Cancellation/Amendment Rights

 

9.1 The contract shall be regarded as a whole unless there are break points within it agreed in advance or it is divided into stages or where it is subject to periodic renewal. Where no such division is agreed in advance and stipulated in the contract, the client shall be liable for the totality of the value of the contract – including all expenses incurred to the date of cancellation – whether or not the client wishes the work to be completed.

 

9.2 Renewable service contracts and retainers shall be renewed automatically unless either party gives the other the minimum notice of termination set out in the individual contract or in the absence of such a provision 30 days’ notice.

 

9.3 Where the client cancels, the client shall pay for all stages of the contract that have been commenced. Should he choose not to have work completed on the stage underway prior to cancellation he remains liable for payment in full of this stage. The client also agrees to pay all expenses incurred, whether or not these relate to the stages cancelled or to any prior stages. Meetings, training and any other appointments cancelled (or moved) within 24hrs will be charged 50% fees (plus travel/costs), or 100% fees (plus travel/costs) on the day where work (or travel) has commenced.

 

10. Payment Terms

 

10.1 The client agrees to be bound by the payment terms stipulated.

 

10.2 If the client fails to make any final payment without giving notification of due cause, then Marksafety Ltd may withhold delivery of any final work and will not be responsible for any inconvenience, loss or damage so caused.

 

10.3 Marksafety Ltd shall be entitled to charge interest at the rate of 5% per month on all amounts that remain unpaid 30 days after the agreed payment date has passed.

 

10.4 In absence of any other agreed payment terms, invoices shall be payable in full within 14 days of the invoice date.

 

10.5 Marksafety Ltd. Accept pound sterling cash or online account payments for payment in whole.

 

11. Stage Payments

 

11.1 Most contracts that extend across several months provide for stage payments. These are negotiated in advance as part of the normal discussions prior to agreement of the contract.

 

11.2 Marksafety Ltd shall have the right to suspend all work on behalf of the client should these payments not be made on time to the agreed schedule. Any adverse impact that this suspension has upon the completion schedule or the quality of the product for the client shall be at the client’s sole responsibility. This right applies not just to the contract in arrears but also any other contracts with the client, whether or not payments against these contracts are in arrears.

 

11.3 In particular, clients should note that where it has been agreed that payment of all or part of a contract is to be made ‘in advance’ work will not commence on the client’s behalf until payment is actually received.

 

12. Liability for Advice Given

 

12.1 Marksafety Ltd provides information, advice and services in good faith based upon information available at the time. We do not warrant the accuracy of information provided. It is for the client to decide whether or not to accept our advice in making his own management decision. We advise that any data critical to a decision should be independently verified prior to being acted upon. Therefore Marksafety Ltd accepts no liability for the consequences of its information opinions and advice whether direct or indirect.
 

12.2 Use of our documentation Inc. certification is not guarantee of legal compliance nor are they endorsed by any authoritative/professional body. The business will assume ownership of documentation provided prior to use. Use of documentation implies the business have checked and are accepting content.

 

12.3 Marksafety Ltd. cannot be held liable for any act/omission by the business in pursuit of statutory compliance or resulting in civil claim. We accept no responsibility for data loss or issues that arise due to using third party software or services. Fee for intervention, CHAS or third party invoices are payable by the business.

 

13. Limitation of liability

 

13.1 Without prejudice to other more restrictive limitations elsewhere in this contract, liability on the part of Marksafety Ltd is limited to the value of the contract with the client or the value of the loss whichever is the smaller. Marksafety Ltd accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect.

 

14. Force Majeure

 

14.1 Whilst Marksafety Ltd agrees to use its best endeavours to perform the contract for the client as specified, Marksafety Ltd will not be responsible for any delays or failure to complete the contracts which are beyond Marksafety Ltd’s control and which could not have been reasonably predicted. This includes the clients or third party’s late submission of data or lack of information provision / communication.

 

14.2 Where the delay caused by third party events outside either party’s control or influence causes such delay that the purpose of the contract is wholly or significantly destroyed, either party shall be entitled in these circumstances to cancel the remaining portion of the contract. In such circumstances the client will not make any further payments of fees but there will be no refund of payments already made (including any payments for that part of the contract that remains unfulfilled) and Marksafety Ltd will be entitled to recover any costs already incurred.

 

15. Jurisdiction

 

15.1 Any disputes or claims shall be governed by and construed in accordance with English law and the jurisdiction of the English courts.

 

16. Insurances

 

16.1 Marksafety Ltd holds fully valid Professional Indemnity and Public liability Insurance in excess of £1M.

 

17. Waiver

 

17.1 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.

 

18. Integral part of contract

 

18.1 The client, in using our services, accepts that all of these terms have been read, understood and agreed.

 

18.2 The client agrees that all of the above terms form part of the contract between Marksafety Ltd and all clients, except where explicitly excluded or modified by the contract and shall take precedence over and shall not be varied by any other means including any terms or conditions that the client may from time to time apply to suppliers.
 

19. Underpinning statements

 

19.1 Any concerns or complaints regarding service or conduct must be made by the client in righting at the earliest convenience to Marksafety Ltd.

 

19.1 Marksafety and certification branding is copyright of Mark Prince

 

19.2 Marksafety Ltd. retain the right to refuse any work out of scope or we do not feel competent to provide.

 

20. CDM Support

 

20.1 Marksafety (by agreement) may provide the "Principal Designer" role on an individual small project for pre-construction phase only.

 

20.2 Marksafety will not accept appointment during other phases of works or for any other recognised CDM legal roles or associated duties under the Construction Design and Management Regulations 2015.

 

20.3 Quoted Fees are payable in full on appointment. Fees stand despite parts of work executed (or not).

 

20.4 Marksafety can not offer advice or instruction on such matters as construction materials, design or methodology.

 

20.5 Marksafety does not supervise any aspects of construction work.

 

20.6 Tools/documents issued by Marksafety are to be adopted / implemented / communicated out by the client/end user for any ongoing use. 

 

20.7 Templates/tools will remain the intellectual property of Marksafety.

 

 20.8 Work will be carried out by Marksafety under the instruction of the project client (or a secondary pre-agreed, nominated project team member). We recommend our appointment as early as possible but at least 6 weeks prior to commencement of construction phase in order for us to fulfill all the tasks outlined in our quote.

 

20.9 If Marksafety feel (with reason) our ability to fulfill our role is compromised we will put this in writing to the client and withhold the right to immediately withdraw as Principal Designer on this project without any penalties being imposed.

 

21 Privacy and Data (GDPR)

 

21.1 Marksafety Ltd. hold client business data such as names and contact details as provided by the client for the purpose of providing service and support including billing. will not intentionally pass or sell your details on to third parties without permission unless this is done in pursuit to providing said agreed service/support.

 

21.2 You have a right to be forgotten by Marksafety where by all information held by us (within out power) will be removed from our systems. This will require final credits/bills to be settled and this request must be made in writing or E-mail. You also have the right to request details of any data held by us about you/your business and requests made in writing will be replied to and supported in a timely manner.

 

21.4 Marksafety Ltd. will provide a level of security proportionate to the data held including but not limited to; Password security on electronic devices and systems that hold data. Use of repeatable service providers such as accounting and storage.