General RingleyPanel Terms

1. 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 ringleypanel.co.uk .
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 ringleypanel.co.uk 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.
16. 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.
17. 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.
18. 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
19. Cleaning contractors hereby agree to advise Ringley:
    • of anything broken, light fittings, smashed light switches, stuck push button light switches
    • 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
20. The Contractor shall have in place arrangements to conduct any required health surveillance and maintain records for 40 years
21. The Contractor confirms that they have read, agreed and accept the Contractor Code of Practice
22. 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

GDPR Addendum (Effective from 2018 May 25)

• 1. Definitions

  • ‘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.