These terms and conditions shall not be varied by any clients’ terms of business unless confirmation of said change is expressly received in writing from the managing director of Handsam Ltd. Email shall not suffice.
1. DEFINITIONS
“this site” refers to all internet pages in the www.handsam.education, handsam.net & www.handsam.org.uk domains, plus any in sub-domains or additional domains under Handsam Ltd’s control and any email content which is communicated as part of your licence agreement; “HANDSAM LTD” refers to any person or organisation, whether or not commercial, involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of this site; “User” refers to any person viewing or interacting with this Site, including “you”; “Content” refers to any text, photograph or other image presented on this Site to Users by HANDSAM LTD. HANDSAM LTD. is the “Data Controller”, customers are “Data Subjects.” Those who process data on behalf of HANDSAM LTD. are “Data Processors.”
2. GENERAL
The following Terms and Conditions govern your use of this Web Site (the www.handsam.co.uk & www.handsam.org.uk domains and any other sub-domains or domains) and your relationship with HANDSAM LTD. By using these sites you agree to be bound by these Terms and Conditions. If you do not agree to these terms of use, disconnect from this site and do not use this site further. These Terms and Conditions may change without further notice to you and HANDSAM LTD recommend you check the Terms and Conditions whenever you use the Handsam’s websites, systems or services. HANDSAM LTD hereby grants to visitors to these World Wide Web Sites access to these pages conditional upon your agreement to accept the application of the laws of England to govern matters between HANDSAM LTD in relation to this web site and you agree to indemnify HANDSAM LTD and not hold HANDSAM LTD liable for any loss or damage arising directly or indirectly from your actions you may take based on the information contained in this Web Site, whether arising from negligence, misrepresentation, breach of any statutory duty, or of any condition, warranty or term (express or implied) of any contract, agreement or otherwise and whether such loss is direct, indirect, special or consequential.
3. CONTENT
The Information on this Web Site is intended for help and information purposes only. Neither HANDSAM LTD or any of its employees, agents or sub-contractors make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this site or any web site referred to. Those who access the site or any site referred to should take appropriate steps to verify all such information. This Site links to websites operated by third parties. HANDSAM LTD does not control these third party websites and is not responsible for their content. The presence on this Site of a link or reference to a website operated by a third party does not imply any endorsement, recommendation or favouring by HANDSAM LTD of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by HANDSAM LTD that website has in place security measures to protect information which you may submit online. Except where otherwise expressed, all opinions, advice, statements, offers, or other information content made available through this Site are those of third parties and not of HANDSAM LTD and should not be relied upon. HANDSAM LTD is not responsible for the opinions, advice, statements, offers or other information provided on this Site. HANDSAM LTD does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. HANDSAM LTD is not responsible for any Content that is illegal, offensive or otherwise actionable. Under no circumstances will HANDSAM LTD be responsible for any loss or damage resulting from anyone’s reliance on information or other Content posted on this Site or transmitted to Users. The editors have taken great care to check the accuracy of the text, but the publishers cannot take any responsibility for any errors or omissions. Go to the Acts of Parliament and/or the regulations and/or statutory guidance for authoritative statements of the law, and to court decisions for authoritative interpretations of the law. HANDSAM LTD reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice. The Content made available in this Site is provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third party rights including, without limitation, intellectual property rights. HANDSAM LTD does not warrant that the Content will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at HANDSAM LTD’s sole discretion. You acknowledge that HANDSAM LTD has not undertaken any verification of Content featured on this Site.
4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Under no circumstances shall HANDSAM LTD, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked site, even if HANDSAM LTD is advised of the possibility thereof, nor for any claim by a third party. HANDSAM LTD hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose. HANDSAM LTD shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.
5. INDEMNITY
You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless HANDSAM LTD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of your use of this Site including, without limitation, any infringement of any third party’s rights (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material you submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), including any breach by you of the terms of this agreement.
6. SEVERABILITY
In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.
7. RENEWALS AND TERMINATION
This Contract may be cancelled by either party upon thirty days’ notice in writing prior to renewal date, but will remain effective for at least the initial term. To assist your administration and smooth use and running of the Handsam system we will automatically renew your licence(s) using the payment details you have previously given. If you wish to cancel you must inform us by calling our office number as displayed on our website or by emailing us at to inform us. If you do not inform us that you will be cancelling your licence 30 days prior to the renewal date we will issue a renewal invoice. If you choose to cancel your licence after a renewal invoice has been issued then you will be liable to a cancellation fee of 50% of the invoice value.
In the absence of written notification otherwise before the second anniversary of a Contract, the Contract shall renew for a further two year term and on each second anniversary thereafter. If relevant, the Company will contact the Client at the end of each two year term to book a Health and Safety Audit for the new contract period, as necessary.
Where a) the Client cancels this Contract in the initial term other than for fundamental breach by the Company, or b) the Contract is terminated (after due warning) because of payment default, the value of the balance of the relevant annual fee shall become due.
In the event the Client considers the Company’s performance of the contract to be materially inadequate in any respect, the Client shall inform the Company in writing by email to info@handsam.co.uk and allow the Company 28 days from the date of that email to perform the contract adequately. If the Company does not agree that the contract has been performed in inadequately or, after being remedied, no longer is being performed inadequately, then the Client must restate their objections via email and allow a further 28 days for remedies. All other disputes about contract performance must be remedied via a mediator, with the expense being met by the Client. For clarity, no refunds will be given unless the Client can be proven to have performed the contract inadequately for a period of longer than 3 months. Then, if the Client is in agreement, a proportionate refund of the full contract price will be refunded.
8. NOTICE
The terms of use shall be governed in accordance with the laws of England. The terms and conditions of this agreement are subject to change by HANDSAM LTD at any time on a prospective basis upon notice to Users. Any User’s use of this Site following such notice shall indicate the User’s acceptance of the new terms and conditions. HANDSAM LTD may provide notice to Users by email or by a general posting (indicated by the word “Notice”) on this Site.
9. REGISTRATION
The details provided by you on registration or at any time are important. The registered user undertakes to ensure that they are correct, complete and up to date. You undertake to inform HANDSAM LTD immediately of any changes to the information you provided when registering by updating your personal details.
10. PRIVACY
HANDSAM LTD treats your privacy seriously. We are governed by the Information Commissioner’s Office (ICO) and HANDSAM LTD understands that you would wish to know how HANDSAM LTD shall use the information HANDSAM LTD collects from your use of the HANDSAM LTD site. We will not sell or pass on your information to any third party without your express written permission. All clients of Handsam Ltd give such permission expressly as part of their contract with Handsam Ltd. Any other third parties have no such express permission within their contracts and would be contacted for confirmation of their willingness for their details to be passed on to third parties before Handsam ever did so, although Handsam has no ambitions to do so at present. Personal data gathered through this site and associated Handsam platforms, to be processed for marketing or further communication, is gathered under terms of explicit consent and held securely for a specified period before being disposed of securely. Marketing and communications can be opted out of at any time. For more information on retention periods and Data Subject Rights, see the dedicated page of on handsam.education. Clients are issued with a Privacy Notice on assumption of contract, the data gathered is processed for the legitimate purpose of contract fulfilment in a secure fashion. HANDSAM LTD is not responsible for privacy practices of third party websites linked to this Site. HANDSAM LTD undertakes not to disclose any of your personal information to third parties. HANDSAM LTD follows strict security procedures in the storage of your personal information to prevent unauthorised access.
11. COPYRIGHTS AND TRADEMARKS
All Content and materials on this site, unless otherwise expressed, are subject to copyright and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without HANDSAM LTD’s prior written permission implied in their password system to clients. Except as expressly provided herein, HANDSAM LTD does not grant any express or implied right to you under any patents, copyrights or trademarks.
12. TERMS AND CONDITIONS OF TRADE
HANDSAM LTD issues invoices to its trading partners on which are clearly stated payment due dates. If your organisation wishes to query any aspect of the invoice HANDSAM LTD gives a period of 14 days from receipt for you to raise such query. Otherwise you are considered in law to have accepted such invoice and undertake to make payment by the due date. No consideration will be entered into after the end of that 14 day period. If you wish to negotiate additional terms of trade with HANDSAM LTD please contact the Managing Director Simon Lowe via simon@handsam.co.uk or 03332 070737. Negotiation of terms will only be considered prior to invoices being issued and/or services being delivered or agreed. Contracts with Handsam Ltd can only be negotiated and agreed by Company Directors. For full details please contact the Managing Director Simon Lowe via simon@handsam.co.uk or 03332 070737. The minimum term for any licence period will be clearly stated on your quotation, contract and invoice and can vary from service to service, to which you must formally agree in writing and/or via Handsam's digital signature process before any systems or services are provided or any training dates agreed. There will be no negotiation of any agreed term subsequent to you agreeing in writing to it. HANDSAM LTD does not renegotiate terms or offer severance terms during any contract period or if due notice is not given in the correct timescales or deadlines. All due fees must be paid in full in accordance with these terms and conditions. All payments must be made in UK Pounds Sterling by BACS, or cheque made out to ‘Handsam Ltd’ and sent to Handsam Ltd, 27 Moons Moat East Business Centre, Oxleasow Road, Redditch, Worcestershire, B98 0RE. Please allow three working days prior to the due date for your cheque to clear. If you wish to pay by bank account transfer (BACS) please contact us at sarahm@handsam.co.uk or 03332 070737.
Please note: if You fail to make any payment by the due date and having failed to raise an objection in accordance with the conditions above, we will be entitled to suspend provision of any and all further Services until payment is made in full. If it is deemed there is a purposeful failure to pay, this may result in legal proceedings being brought against you and/or your organisation. If your account is forwarded to our debt collection agents then you will be held responsible for all costs plus a £100 (plus VAT) administration fee for each individual invoice which you have failed to pay by the due date. Handsam Ltd reserves the right to charge interest at up to 10% above bank base rate operative at the time of default, accruing daily. All administration and interest charges are deemed to be due within seven days of notification. Failure to pay will result in immediate formal legal action being taken.
Please note that any agreed on-site training session is only included in the price of your first year’s subscription to the Handsam Health and Safety system. Thereafter, additional on-site training sessions must be paid for at the prevailing rate, plus VAT, plus travel expenses. Travel expenses are still payable for the initial session. Please also note that if any training session or any visit by Handsam has to be cancelled with less than two full working days’ notice, or if it is unable to take place for any reason once we have reached your site, or if we have pre-purchased any item such as hotel room or train ticket at a non-refundable rate in order to save money for our clients’ expenses, then you will be liable to refund all incurred expenses in full and pay for the rearranged training session, the price of which is £300 plus VAT plus expenses, which will only take place once the refunds or charges for the cancelled session are received.
Your Data
The General Data Protection Regulation, which came into force in May 2018, implements the following rights for individuals, some of which are new and others build upon existing data protection legislation. If you would like to exercise any rights detailed below in relation to the services provided by Handsam please contact our client support team.
Personal data requested through a Subject Access Request or through enactment of personal data rights, such as Portability will be fulfilled within one month of receipt free of charge. HANDSAM LTD reserves the right to charge for repeat or excessive requests and for the retrieval of data which is not of a personal nature. Current applicable rate is £300 plus VAT per licence, per request.
Downloads of client data can be undertaken by clients at any time within a contract period using the various export options with the Handsam system. Should a client fail to undertake such downloads and, after the contract period has ended, request a download of data, then for each download and for each organisation within the client's aegis a fee shall be charged. Currently that fee is £300 plus VAT per organisation, per licence, with a minimum charge of £600 per instance.
The Right to Data Portability
The right to data portability involves individual data subjects (not clients) being able to receive data regarding them in a commonly used and machine readable format and pass it to a new data controller. The data must be free of charge. The right to data portability only applies to personal data an individual has provided to a Data Controller, where the processing is based on the individual's consent or performance of contract and when processing is automated. It is not the responsibility of the original data controller to ensure the receiving data controller’s compliance. It does not apply to data being processed on a legal ground other than consent or contract, it will not apply to controllers processing data for the performance of public duties, compliance with a legal obligation to which the controller is subject or in the exercise of an official authority vested in the controller.
The Right to be Informed
Individuals have the right to be in the know about how their data is handled, known as fair processing information. This is relayed through a privacy notice. The information supplied about the processing of personal data must be concise, transparent, intelligible and easily accessible, written in clear and plain language, particularly if addressed to a child and free of charge. Content covered should include the identity and contact details of the Data Controller and the Data Protection Officer, the purpose and the legal basis for the processing, retention period or criteria used to determine the retention period and the right to lodge a complaint with the supervisory authority.
The Right of Access
GDPR allows individuals the right to obtain access to their personal data, including confirmation that their data is being processed. This information must be provided free of charge. This is a key change from the Data Protection Act. Repeat or excessive requests can be charged for, providing the fee is reflective of actual administrative costs. The information must be supplied within one month; an extension on this can be secured under certain circumstances.
The Right of Rectification
Individuals have the right to have their personal information rectified if it is inaccurate or incomplete. If the data has been passed to third parties, they should be made aware of the amendment. The individual whose data is being amended must be told who the third parties are. Requests for information rectification must be responded to within one month, which can be two months if the rectification is extensive.
The Right to Erasure
Data subjects have the right to be forgotten, which is also known as the right to erasure. Controllers must cease to further disseminate data and attempt to ensure third parties also halt processing. The right to erasure is applicable when, the data is no longer necessary for the purpose it was originally collected; when consent is withdrawn; when there is an objection by the individual that is not overridden by legitimate continued processing interest; the data was unlawfully processed; the data must be deleted for legal obligations or the personal data is processed in relation to the offer of information society services to a child. A request for erasure can be declined to exercise the right of freedom of expression and information; to comply with legal obligation for the performance of a public interest task or exercise of official authority; defence or legal claims, public health purposes or archiving in the public interest.
The Right to Restrict Processing
Individuals have the right to cease the processing of their personal data. The data can then still be held by a body but not processed and only enough personal information in order to ensure the restriction is respected. Restriction can be imposed if the individual contends the accuracy of the personal data, processing must then cease until data is verified. Third parties to whom the data has been disclosed must be notified of restrictions. The subject must be notified when processing restrictions are lifted.
The Right to Object
The processing of personal data can be objected to by individuals based on:
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Legitimate interest processing;
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Processing for the performance of a task in the public interest or the exercise of official authority; and
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Direct marketing which includes profiling and processing for scientific or historical research.
If you process personal data for the performance of a legal task, your organisation’s legitimate interests, or research purposes, individuals can only object on ‘grounds relating to his or her particular situation.’ You must stop processing unless compelling legitimate grounds for processing can be demonstrated or the data is necessary for legal claims. If the data is being used for marketing purposes you must stop processing it when an objection is received, there is no grounds to refuse.
The Right Not to be Subject to Automated Decision Making
This right prevents automated decisions being made which could damage an individual. Individuals have the right not to be subject to a decision when it is based on automated processing or produces a legal effect or similarly significant effect on the individual. Subjects must be able to gain human intervention, express their point of view and obtain an explanation of the decision and challenge it. This right does not apply to decisions surrounding contracts, authorised by law or based on explicit consent. It does not apply when the effect on the individual will not be significant or legal. Automated decisions must be based on explicit consent.
Handsam utilises the following criteria to dictate retention periods for data. All data is securely held and then disposed of at the conclusion of specified retention period.
Emails gathered through and for the purposes of marketing
Following initial consent to receive marketing emails, the subject may opt out at any time. Handsam acknowledges that consent is not indefinite and will look to reaffirm client consent at periodic intervals.
Personal Data held in accordance with contract fulfilment
Destroyed at termination of contract.
Records relating to accident/injury at work
Date of incident + 12 years.
In the case of serious accidents a further retention period will need to be applied
Accident reporting.
Adults Date of incident + 7 years
Children DOB of child + 25 years.
Risk assessments
Current year + 3 years.
COSHH
Current year + 10 years. Where appropriate an additional retention period may be allocated.
Contact database entries
Current year then review, if contact is no longer active then destroy.
Child Protection Data
Institutions have an obligation to preserve records for the Independent Inquiry into Child Sexual Abuse Inquiry for as long as necessary to assist the Inquiry.