Reasonable care and skill - I undertake when accepting a
job whether verbally, by email, by website or by performance to
carry out the work in accordance with best practice and to a
reasonable standard. I acknowledge that each new job is a new
instructions and that by performing the service I am indicating my
acceptance of these terms and conditions. Submission of invoices
- I hereby agree to submit my invoices through Ringley's Client
purchasing contractorspanel.com .
Client relationship - I confirm that in accepting a Works
Order from Ringley Limited in their capacity as Managing Agent
or Letting Agent that the Ringley entity is acting as Agent for
a Client not as principal.
Carrying out works - I understand that it is Ringley policy
that a formal Works Order should be issued prior to me/us
undertaking any job and that in carrying out works or providing a
service in the absence of a Works Order that I do so at my/our own
risk and that any dispute will be settled on the basis that no
formal Works Order means that the works were not procured and will
not be paid for.
Transfer of pre-existing services/contracts - I understand
that if I/we have a pre-existing service contract that to expect
to be paid the terms and conditions of Ringley's procurement
system must be followed. These being stated herein.
Dispute resolution - I accept that Ringley are therefore an
intermediary and accept any job in good faith on the basis that
should I end up in dispute with any Client that Ringley will
assist me with recovery of any outstanding monies by providing the
Clients details, names, addresses, legal entities and will support
me with paper trails to verify that any job was properly
instructed. I understand that I have been provided with the
opportunity to upload BEFORE and AFTER photographs to evidence any
work done and that Ringley will willingly provide such photos as
supporting evidence in the case of a dispute. I also understand
that if I do not use this facility it will be harder for Ringley
to support any 'workmanship' dispute I may have with the
Client/Principal who I am seeking invoice payment from. I accept
that Ringley cannot form an opinion on whether any job is of
acceptable quality as it is ultimately the Client not Ringley who
accepts the works.
Loss adjuster works - Where a 3rd party loss adjuster
caps invoice costs as part of an insurance claim you will accept
this as the full payment value of the invoice.
Channel for instructions - I agree to take instructions
from Ringley as Managing Agent employed to act on the Client's
behalf as intermediary and that this is best practice to avoid
disputes or mis-understandings. I agree to pass on any concerns,
recommendations, complaints or health and safety matters I find on
site within 7 days or sooner if a threat to health or life.
Values - Ringley believes in ethical business practices and
will pursue the truth and present this to both parties, Client and
Supplier. Consistent to this Ringley has a money back guarantee
and quality policy in place with Clients and expects supliers to
follow and support these values and to treat issues as
opportunities for the organisation to learn, qiuckly and swiftly.
I agree to support Ringley should the case arise in any 'quality'
or 'workmanship' investigations and will accept a reasonable
outcome.
Self certification of works - I understand that Ringley's
role as Managing Agent is to manage and arrange and that it will
not always be possible for a resident or Client or the Agent to be
on site to sign off the quality of my work. Therefore I agree to
abide by Ringley's self certification process and will warrant
that my/our work is fit for purpose and/or where extra work is
required that I/we will notify this through the invoice upload
process when submitting my/our invoice on line.
Principal Designer - I understand and accept that Ringley
is appointed to arrange jobs on behalf of the Client as Managing
Agent and that as Managing Agent Ringley is not appointed to act
as Principal Designer or Designer under the Construction Design
and Management Regulations 2015, I understand that on accepting
works or jobs from Ringley that as Ringley has not been appointed
to write specifications to design out risk, and in Ringley's
capacity as Managing Agent does not proport to be a health and
safety designer or specialist to evaluate different methods of
approaching works and/or providing pre or during works health and
safety plans that on accepting a jobs/works I/we are responsible
for designing any/all suitable health and safety procedures for
myself and my/our operatives and employees including any pre-works
risk assessments or health and safety plans required and that I/we
are the party accountable to the Health and Safety Executive
should the same be called into question.
Additional work - I agree that should I find additional
work is required (including improvements, additional repairs or
waste disposal) when on site I shall agree any remuneration for
this in advance with Ringley as Managing Agent, whose role it is
to convey the Clients decisions to me/us.
Credit control - Should I in error commence legal action
against a Ringley entity not the Client I hereby agree that such
Proceedings shall be void and irrevocably agree that they would
need to be struck out and re-served on the correct Client entity
that Ringley will provide.
Termination - I accept that if I am considered to be in
breach of the role/work and/or that the Client considers that I
have not carried out what I am instructed to do with reasonable
skill, care and diligence that the services I was instructed to
provide may be terminated with immediate effect and without futher
notice. Should a regular service be terminated for any other
reason, ie, Client changes their mind, pricing etc... the
termination/notice period shall be as per the payment period
between the parties, ie, 1 months notice, this includes cleaning
and gardening contracts.
Keys - I understand that I will be provided with keys as
necessary to fulfil the work instructed. I accept that these keys
remain the property of the Client and if not returned to Ringley
as custodian then the cost of replacement keys will be recoverable
from me.
Late invoices - I understand that because Ringley's work is
controlled by the Landlord & Tenant Acts that Section 20B of the
1985 Act applies and therefore accept that should I omit to upload
an invoices to contractorspanel.com within 6 months of the date
of invoice I will lose the right to recover this from the Client.
Insurance jobs - If I choose to accept a job relating to an
insurance claim and for works inside a flat/unit, I understand
that the cost of this is a private job for which payment is due
from the owner/leaseholder as the work forms part of an insurance
claim for which the owner/leaseholder not Ringley will be
reimbursed. I understand that I have been given the opportunity
to CHOOSE whether I accept jobs for works that form part of an
insurance claim. I therefore understand that credit control for
invoices that relate to insurance works are a private matter
between the owner/leaseholder and the insurance company and is not
a matter for Ringley can influence. I accept that Ringley will
assist me with credit control by providing details of the
insurance company, owner/leaseholder etc.... on request and I also
understand that I have the right to choose not to accept insurance
claim work if these payment terms are not acceptable to me.
TUPE - should any contract give rise to a TUPE situation
'transfer undertakings protection employement' regulations I agree
that I must inform the Client via Ringley immediately as any
contract is awarded on the basis that TUPE does not apply unless I
specifically make Ringley aware of this. I hereby agree to
indemnify both Ringley and the Client from any omissions on
disclosure that I may commit.
Tribunal and Court cases - Where the cost or quality of
your work is determined by a Court or Tribunal to be ‘unreasonable
value for money’ or ‘the wrong works’ or ‘inappropriately carried
out’ such that in the opinion and judgement of a Court a Client or
a Customer is entitled to be repaid some or all of the monies that
you have charged for a service you hereby agree to repay the same
to the relevant Ringley Limited Client account within 14 days of
us sending you the Court or Tribunal determination.
Grounds maintenance contractors and contractors carrying out
works in the grounds of any property hereby agree to advise
Ringley of:
anything broken, light fittings in or around your work area,
trip hazards to stairs, pathways etc…, unsafe inspection
chamber covers
any external doors eg, bin stores that do not close properly
i.e., hinge or frame damage or where door closers need
adjustment
specialist light fittings that an electrician needs to attend
to change dead bulbs
light fittings you cannot safely access to change bulbs where
an electrician needs to attend to change bulbs
bulky items dumped, etc...
dead/abandoned bicycles
Cleaning contractors hereby agree to advise Ringley:
of doors that do not close properly i.e., hinge or frame
damage or where door closers need adjustment
of specialist light fittings that an electrician needs to
attend to change dead bulbs
of light fittings you cannot safely access to change bulbs
where an electrician needs to attend to change bulbs
of bulky items dumped, etc...
If there is lift, lift phones with no dial tone/connection
If there are any fire extinguishers, fire extinguishers where
service date has passed
If there are smoke alarms, smoke alarms that don't work after
you have changed the battery
If the bin stores in urgent need of disinfecting
of any letting/estate agents boards so Ringley can write to
Estate Agent
and absolute requirements are to:
Ensure all landlord letterboxes are checked / emptied at least
fortnightly to reduce arson risk
Place a notice on refuse sacks placed outside flats as these
are a nuisance, smell and leave marks on the carpets
Sweep out meter cupboards monthly, check for litter in the
cupboards at least fortnightly
Advise Ringley of dead/abandoned bicycles
you must:
use 'warning wet floor signs' when you are washing any floors
ensure that cleaning cupboards are locked at the end of your
visit
ensure that any cleaning products either left on site or in
use are labelled appropriately to COSHH requirements
and:
Where use of a ladder is required to change light bulbs you
must ensure that your staff have been trained on working at
heights
The Contractor shall have in place arrangements to conduct any
required health surveillance and maintain records for 40 years
The Contractor confirms that they have read, agreed and accept
the Contractor Code of Practice
Contractors must not be under the influence of (a) liquor, (b)
drugs, or (c) other substances whilst working and that the same
may not be brought onto or used on the Company’s premises or
sites including prescription drugs that could impair the ability
to carry out their duties
‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’);
an identifiable natural person is one who can be identified,
directly or indirectly, in particular by reference to an
identifier such as a name, an identification number,
location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that
natural person;
‘processing’ means any operation or set of operations
which is performed on personal data or on sets of personal
data, whether or not by automated means, such as collection,
recording, organization, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or
destruction; ‘pseudonymisation’ means the processing of
personal data in such a manner that the personal data can no
longer be attributed to a specific data subject without the
use of additional information, provided that such additional
information is kept separately and is subject to technical
and organisational measures to ensure that the personal data
are not attributed to an identified or identifiable natural
person;
‘controller’ means the natural or legal person,
public authority, agency or other body which, alone or
jointly with others, determines the purposes and means of
the processing of personal data; where the purposes and
means of such processing are determined by Union or Member
State law, the controller or the specific criteria for its
nomination may be provided for by Union or Member State law;
‘processor’ means a natural or legal person, public
authority, agency or other body which processes personal
data on behalf of the controller;
‘Subprocessor’ means any processor engaged by the
data processor or by any other subprocessor of the data
processor who agrees to receive from the data processor or
from any other subprocessor of the data processor personal
data exclusively intended for processing activities to be
carried out on behalf of the data controller after the
transfer in accordance with his instructions, the terms of
the Clauses and the terms of the written subcontract;
‘third party’ means a natural or legal person, public
authority, agency or body other than the data subject,
controller, processor and persons who, under the direct
authority of the controller or processor, are authorised to
process personal data;
‘personal data breach’ means a breach of security
leading to the accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access to,
personal data transmitted, stored or otherwise processed;
‘supervisory authority’ means an independent public
authority which is established by a Member State pursuant to
Article 51 of the GDPR.
‘Technical and organisational security measures’
means those measures aimed at protecting personal data
against accidental or unlawful destruction or accidental
loss, alteration, unauthorised disclosure or access, in
particular where the processing involves the transmission of
data over a network, and against all other unlawful forms of
processing.
‘Local Legal and Regulatory Framework’ means any EU
data protection regulation and local
regulations/decrees/directives may be issued by the Data
Protection Commissioner Office.
2. Scope
2.1. This agreement applies to the processing of
personal data which is deemed proprietary data given to the
Data Controller, in connection with work or services carried
out by the Data Processor on behalf of the Data
Controller. It is understood and agreed between the Parties
that the personal data provided and/or disclosed in the
course of Ringley Limited procuring services on behalf of a
Client is passed over and must be processed solely for the
purpose.
3. Obligations
3.1. The Data Controller agrees and warrants:
3.1.1. that the processing, including the
transfer itself, of the personal data has been and will
continue to be carried out in accordance with the
relevant provisions of the applicable data protection
law;
3.1.2. that it has instructed and throughout the
duration of the personal data processing services will
instruct the data processor to process the personal data
transferred only on the Data Controller's behalf and in
accordance with the GDPR and with the local legal and
regulatory framework as from time to time amended and
the clauses derived out of the Agreement and this
Addendum;
3.1.3. that the Data Processor will provide
sufficient guarantees in respect of the technical and
organisational security measures as detailed in Appendix
1;
3.1.4. that the technical and organisational
security measures are appropriate to protect personal
data against accidental or unlawful destruction or
accidental loss, alteration, unauthorised disclosure or
access, in particular where the processing involves the
transmission of data over a network, and against all
other unlawful forms of processing, and that these
measures ensure a level of security appropriate to the
risks presented by the processing and the nature of the
data to be protected having regard to the state of the
art and the cost of their implementation;
3.1.5. that it will ensure compliance with the
technical and organisational security measures;
3.1.6. that the data subject has been informed or
will be informed before, or as soon as possible after,
the transfer that its data could be transmitted to the
data processor;
3.2. The Data Processor agrees and warrants:
3.2.1. to process the personal data only on
behalf of the data controller and in compliance with its
instructions and the clauses of this Agreement; if it
cannot provide such compliance for whatever reasons, it
agrees to inform promptly the data controller of its
inability to comply, in which case the data controller
is entitled to suspend the transfer of data and/or
terminate the Agreement;
3.2.2. that it has implemented the technical and
organisational security measures specified in Appendix I
before processing the personal data received;
3.2.3. that it will promptly notify the data
controller about:
3.2.3.1. any legally binding request for
disclosure of the personal data by a law enforcement
authority unless otherwise prohibited, such as a
prohibition under criminal law to preserve the
confidentiality of a law enforcement investigation;
3.2.3.2. any accidental or unauthorised access; and
3.2.3.3. any request received directly from
the data subjects without responding to that
request;
3.2.3.4. to deal promptly and properly with
all inquiries from the data controller relating to
its processing of the personal data subject to the
transfer and to abide by the advice of the
supervisory authority with regard to the processing
of the data transferred;
3.2.4. to maintain an audit log with the
employees and sub processors who have access to the data
controller’s data. The list shall be available to the
controller's data protection officer, if requested.
3.2.5. at the request of the Data Controller to
submit its data-processing facilities for audit of the
processing activities covered by the contract which
shall be carried out by the data controller or an
inspection body composed of independent members and in
possession of the required professional qualifications
bound by a duty of confidentiality, selected by the data
controller, where applicable, in agreement with the
supervisory authority;
3.2.6. that, in the event of sub-processing, it
has previously informed the Data Controller and obtained
its prior written consent;
3.2.7. that the processing services by the
sub-processor will be carried out in accordance with the
provisions of the “Subprocessing” section below;
3.2.8. to advise each of its employees or agents
participating in the activity with the purposes of this
Agreement and that they are obligated to protect the
controller’s data in a manner consistent with this
Agreement.
3.2.9. that it will make the controller's data
available only to those of its employees or agents
having a "need to know" in order to carry out the
purposes of the Agreement. Further, the processor shall
not use controller’s personal data except for the
purpose identified above without the prior written
approval of the controller.
3.3. The obligations and responsibilities of the
parties hereto shall survive and continue in full force and
effect beyond the termination of the Agreement.
4. Sub-processing
4.1. The processor shall not subcontract any of its
processing performed on behalf of the controller under this
Agreement without the prior written consent of the Data
Controller. Where the processor subcontracts its obligations
under the Agreement, with the consent of the controller, it
shall do so only by way of a written agreement with the
subprocessor which imposes the same obligations on the
subprocessor as are imposed on the data processor under this
Agreement. Where the sub processor fails to fulfill its data
protection obligations under such written agreement the
processor shall remain fully liable to the controller for
the performance of the sub processor’s obligations under
such agreement.
4.2. The Processor shall maintain a list of sub
processing agreements, which shall be updated at least once
a year. The list shall be available to the Data
Controller's Data Protection Officer, if requested.
5. Cooperation with supervisory authorities
5.1. The Data Processor agrees to deposit a copy of
this Agreement with the supervisory authority if it so
requests or if such deposit is required under the applicable
data protection law.
5.2. The Parties agree that the supervisory authority
has the right to conduct an audit of the Data Processor, and
of any subprocessor, which has the same scope and is subject
to the same conditions as would apply to an audit of the
controller under the applicable data protection law. The
Data Processor shall promptly inform the Data Controller
about the existence of legislation applicable to it or any
subprocessor preventing the conduct of an audit of the Data
Processor, or any subprocessor, pursuant to aforementioned
paragraph.
6. Obligation after the termination of personal data processing services
6.1. The parties agree that on the termination of the
provision of services which require processing of any
personal data or sooner, the data processor and the
subprocessor shall, at the choice of the data controller,
return all the personal data transferred and the copies
thereof to the data controller or shall destroy all the
personal data and certify to the data controller that it has
done so, unless legislation imposed upon the data processor
prevents it from returning or destroying all or part of the
personal data transferred. In that case, the data processor
warrants that it will guarantee the confidentiality of the
personal data transferred and will not actively process the
personal data transferred anymore. In the event of
destruction, data processor shall certify in writing to data
controller, within thirty (30) days, that such destruction
has been accomplished.
6.2. The Data Processor and the subprocessor warrant
that upon request of the Data Controller and/or of the
supervisory authority, it will submit its data processing
facilities for an audit of the measures referred to
aforementionedmaintained paragraph.
7. Personal data breach
7.1. The Data Processor shall notify the Data
Protection Officer of the Data Controller as named on page 7
within 24 hours of becoming aware of a personal data breach
and shall reasonably respond to requests for further
information in order for the controller to fulfill its
obligations under Articles 33 and 34 of the GDPR.
8. Data Retention
8.1. The Data Processor shall have procedure in place
for deleting any soft and hard copy personal data of the
data controller form its systems and premises as soon as it
is instructed by the data controller. The processor agrees
to comply with the retention policy as set out in this
Agreement and as from time to time amended. The processor
shall be able to demonstrate compliance with the data
retention policy if requested by the data controller.
Essential records shall be retained according to the
table below.
Type of Personal Data
Retention Period
Active Customers
Personal data of active customers should be maintained
throughout the relationship
Ex-Customers
8 years following the end of the business
relationship.
9. Data Integrity
9.1. The Data Processor shall have procedure in place
for correcting inaccurate personal data of the Data
Controller as soon as it is instructed by the Data
Controller. The Data Processor shall be able to demonstrate
compliance with the data integrity principle if requested by
the Data Controller.
10. Restriction of Processing
10.1. The Data Processor shall have procedure in
place so that, at the request of the Data Controller, to
provide personal data in a structured, commonly used and
machine-readable format.
11. Data Portability
11.1. The Data Processor shall have procedure in
place for restricting the processing of personal data of the
Data Controller as soon as it is instructed by the Data
Controller.
12. Governing Law
12.1. The contract shall be governed by the laws of
England & Wales in which the data controller is established.
13. Miscellaneous provisions
13.1. This Addendum contains the entire understanding
between the parties with respect to the safeguarding of said
data controller’s personal data and supersedes all prior
communications and understandings with respect thereto.
13.2. This Addendum shall be effective as from 2018
May 25.
