Terms and Conditions

TERMS AND CONDITIONS OF BUSINESS

Safewise Health, Safety & HR Advisors Ltd

Hilton Hall, Upper Left Stables, Hilton Lane, Essington, Wolverhampton, WV11 2BQ  |  Version 2.0  |  May 2026

In these Terms and Conditions the following expressions have the following meanings:

 

"Safewise" or "Consultant" means Safewise Health, Safety & HR Advisors Ltd of Hilton Hall, Upper Left Stables, Hilton Lane, Essington, Wolverhampton, WV11 2BQ.

"Client" means any business, company, partnership, or sole trader that purchases Services from Safewise.

"Services" means any of the services described in clause 3 of these Terms, as further specified in the Proposal or Order Confirmation.

"Proposal" means a written quotation, order confirmation, or online purchase confirmation issued by Safewise describing the Services to be provided and the Fees applicable.

"Agreement" means the contract between Safewise and the Client for the provision of Services, incorporating these Terms and Conditions and the Proposal.

"Fees" means the charges payable by the Client for the Services as set out in the Proposal.

"Scheduled Session" means any visit, meeting, review, inspection, audit, fire risk assessment, or trainer-led training session booked in advance, whether conducted in person or by remote means.

"eLearning" means pre-recorded online training content made available through Safewise's third-party platform provider.

"Platform Provider" means the third-party licensor through whose systems eLearning content is delivered to the Client.

"Intellectual Property Rights" means any patent, trademark, copyright, design right, database right, know-how, confidential information, or any other intellectual property right recognised in any part of the world.

"Term" means the duration of the Agreement as specified in the Proposal.

2.1  These Terms and Conditions apply to all Agreements for the supply of Services by Safewise to the Client and supersede any previous agreements, arrangements, or other documentation between the parties.

2.2  The Agreement comes into force when Safewise confirms acceptance of the Client's order or instruction in writing, whether by email, online order confirmation, or signed proposal. Submission of an order or instruction does not of itself constitute acceptance by Safewise.

2.3  Any variation to these Terms and Conditions must be agreed in writing by Safewise. No terms submitted by the Client shall have effect unless expressly accepted in writing by a director of Safewise.

2.4  These Terms are entered into on a business-to-business basis. Where a buyer qualifies as a consumer under applicable legislation, nothing in these Terms affects their statutory rights.

2.5  Both parties warrant their authority to enter into the Agreement and confirm they have obtained all necessary approvals to do so.

3.1  Safewise provides the following categories of service, as specified in the Proposal:

Retained Membership

3.2  Retained health and safety and/or HR advisory membership, providing access to Safewise’s advisory team, policy documentation, and periodic reviews of the Client’s management systems. Safewise acts in a consultancy and advisory capacity only. Safewise does not manage the Client’s health and safety or HR function and the Client retains full responsibility for the day-to-day management of those matters within their organisation. Membership is available on fixed terms of one, three, or five years, or such other duration as is agreed in writing. Memberships do not renew automatically on expiry. Site safety inspections contracted as part of a membership must be taken within the term and cannot be rolled over. A minimum of three weeks’ notice must be given before the end of the contract term to arrange any outstanding contracted inspections.

Safety Accreditation Support

3.3  Support with applications to recognised third-party safety accreditation schemes, including CHAS, SMAS, SafeContractor, Constructionline, and Altius, covering collection, collation, review, and submission of required documentation and management of post-submission queries. The accreditation decision rests entirely with the relevant scheme operator. Safewise does not warrant a successful outcome. The fixed Fee for accreditation support is priced on the basis of information provided by the Client at the point of purchase, including any declarations made regarding environmental management and quality systems. Where those declarations prove inaccurate upon review, Safewise reserves the right to charge for any additional work required, confirmed in writing before that work commences. Where an accreditation application lapses or expires as a result of the Client’s failure to respond to queries or provide required information within reasonable timeframes, the original instruction is considered closed and any subsequent application will be treated as a new instruction subject to a new Fee.

Fire Risk Assessment

3.4  On-site fire risk assessments conducted by a competent Safewise adviser in accordance with the Regulatory Reform (Fire Safety) Order 2005 and applicable guidance. The scope and premises covered are as specified in the Proposal. The assessment covers fire safety management, means of escape, fire detection and warning, and associated fire safety matters. It does not extend to structural matters or the fabric of the building. A fire risk assessment report will be provided to the Client following the visit.

Safety Inspections and Audits

3.5  Site safety inspections and management system audits conducted by a Safewise adviser, whether as part of a retained membership or as a standalone instruction. Written feedback will be provided to the Client following each visit, in a format determined by Safewise having regard to the nature and scope of the visit. It is the Client’s responsibility to contact their nominated adviser to arrange site inspections where these form part of a retained membership.

Trainer-Led Training

3.6  Health, safety, and HR training delivered by a Safewise adviser, either in person at the Client’s premises or by remote means. The course, number of delegates, date, and delivery method are as specified in the Proposal or booking confirmation. Where a course includes a formal assessment, certificates of completion or attendance will be issued by Safewise to delegates who successfully meet the required standard. Safewise retains records of training delivered and certificates issued for a reasonable period, but the Client is advised to retain its own copies of all certificates. Completion of a training course does not constitute a guarantee of regulatory compliance or professional competence beyond the scope of the course itself.

eLearning

3.7  Access to pre-recorded online training courses delivered through the Platform Provider's system under a licensing arrangement held by Safewise. The specific courses and number of learner seats are as specified in the Proposal. Course content is created and maintained by the Platform Provider. Safewise has no editorial involvement in or control over course content. eLearning access and learner accounts do not lapse by reason of non-use.

3.8  Any variation to the agreed Services must be confirmed by Safewise in writing before the varied work commences. Additional Services requested by the Client that were not included in the original Proposal will be subject to additional Fees.

4.1  The Fees for the Services are as specified in the Proposal and are exclusive of VAT unless stated otherwise. VAT will be charged at the prevailing rate where applicable.

4.2  Fees for retained memberships are fixed for the duration of the agreed Term. Safewise will not increase Fees during an active Term. Any revised Fees take effect only at renewal and the Client will be given reasonable written notice of any revision before that date.

4.3  All invoices are due for payment within 14 days of the invoice date unless alternative payment terms are specified in the Proposal. Where payment is taken online at the point of purchase, the Client authorises the immediate collection of the stated Fee.

4.4  Where monthly payment terms have been agreed and payments are missed, Safewise reserves the right to request the full outstanding balance within 7 days of written notice.

4.5  Safewise reserves the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, together with a fixed sum compensation of between £40 and £100 per invoice towards the cost of recovering the debt, from the date payment falls due until the date of actual payment.

4.6  Where a Client account is more than 30 days overdue, Safewise reserves the right to place the account on credit hold. This means that no new or additional work will be undertaken, and no additional visits, sessions, or deliverables will be scheduled or provided, until the overdue balance is settled in full. For retained membership Clients, core advisory access will continue during a credit hold period so as not to prejudice recovery of the outstanding debt. This right is exercised without prejudice to any other rights or remedies available to Safewise, including the right to terminate under clause 10.3.

4.7  The Client is not entitled to withhold or set off any amounts due to Safewise.

4.8  All reasonable expenses incurred by Safewise in connection with the provision of Services, where specified in the Proposal, will be recharged to the Client at cost.

5.1  This clause applies to all Scheduled Sessions, including advisory meetings, interim reviews, site safety inspections, safety audits, fire risk assessments, and trainer-led training, whether delivered in person or by remote means.

5.2  Where a Client wishes to cancel or reschedule a Scheduled Session, a minimum of 7 clear days' written notice must be given to Safewise before the date of the session.

5.3  Where cancellation or rescheduling notice is given with less than 7 clear days before the session, or where the Client fails to attend without notice, the following will apply:

1. for retained membership Clients, the session will be counted as having been taken and deducted from the Client's contracted allocation for the current Term;
2. for ad-hoc Clients and for training bookings made outside a retained membership, the full session or training Fee will be charged and will become immediately due for payment.

5.4  Safewise may, at its sole discretion, waive the provisions of clause 5.3 in exceptional circumstances. Any such waiver applies to the specific instance only and does not constitute a general waiver of these provisions.

5.5  Dates given for the delivery of Scheduled Sessions are agreed in good faith. Safewise shall not be liable for any loss caused directly or indirectly by a delay in delivery where that delay is outside Safewise's reasonable control.

5.6  The cancellation provisions in this clause do not apply to eLearning. Cancellation and refund terms for eLearning are set out in clause 9.

6.1  The Client agrees to cooperate fully with Safewise and to provide all information, documentation, access, and facilities reasonably required for the provision of the Services in a timely manner.

6.2  The Client acknowledges that the quality and accuracy of the Services is dependent on the completeness and accuracy of information provided by the Client. Safewise accepts no liability for advice given or work produced on the basis of incomplete or inaccurate information supplied by the Client.

6.3  The Client retains responsibility for compliance with all relevant legal obligations, whether imposed by statute or otherwise. Safewise's advisory services are provided to support the Client's compliance efforts and do not transfer legal responsibility from the Client to Safewise.

6.4  The Client agrees not to directly or indirectly recruit or solicit any person employed or engaged by Safewise for the purpose of providing the Services during the Term or for a period of 12 months following completion or termination of the Agreement.

6.5  The Client shall ensure that all individuals within their organisation who interact with Safewise do so in a professional and respectful manner. Safewise reserves the right to terminate the Agreement in accordance with clause 10 where the conduct of the Client or their representatives poses a risk to the safety, wellbeing, or professional integrity of Safewise staff.

7.1  Safewise shall supply the Services as specified in the Proposal with reasonable skill and care and to a reasonable standard, in accordance with recognised industry codes of practice.

7.2  Safewise shall have the right to delegate obligations to employees or subcontractors and will notify the Client of any significant change in the personnel responsible for delivering the Services.

7.3  Safewise will use its best endeavours to respond to advisory enquiries from retained membership Clients on the same business day where practicable, and in any event within 24 business hours of the enquiry being received. This is an operational target and does not constitute a guaranteed service level.

8.1  Certificates, service confirmations, and other supporting documentation provided by Safewise are issued solely to assist the Client in demonstrating regulatory compliance and meeting the evidential requirements of recognised health and safety accreditation schemes. These documents remain the intellectual property of Safewise.

8.2  Such documentation may only be submitted for the purposes of verifying the Client's compliance. No part of any Safewise documentation may be retained, shared, distributed, or used by any accreditation scheme operator, third-party assessor, or associated commercial entity for marketing, sales, or commercial targeting purposes.

8.3  Use of Safewise documentation does not grant permission, express or implied, for its use in identifying or soliciting Safewise clients. Any such use without Safewise's prior written consent shall constitute a breach of commercial confidence. Safewise expressly rejects the validity of any third-party terms or conditions which purport to override or nullify these protections.

9.1  Upon purchase, the Client is granted access to the specific courses and number of learner seats confirmed in the Proposal. The contract for purchase is between the Client and Safewise. The Client does not enter into any direct contractual relationship with the Platform Provider.

9.2  The delivery of eLearning is dependent on the Platform Provider's systems, which are outside Safewise's ownership and control. Safewise does not guarantee the continuous availability of the platform. Safewise holds no contractual commitment from the Platform Provider in respect of uptime, availability, or data integrity.

9.3  Upon successful completion of a course, a certificate is generated and made available through the Platform Provider's portal. Safewise has no direct control over the generation, storage, or continued availability of certificates or completion records. The Client is advised to download and retain copies of certificates promptly following completion.

9.4  Safewise accepts no liability for loss of or inability to access certificates or completion records arising from Platform Provider system failures, data loss, or changes to the Platform Provider's systems. Safewise accepts no liability for any loss arising from platform unavailability or interruption to access.

9.5  Safewise makes no representation as to the accuracy, currency, or fitness for any particular regulatory purpose of course content, which is produced and maintained entirely by the Platform Provider. The Client is responsible for satisfying itself that any course is appropriate for its intended purpose.

9.6  Cancellation before learner accounts have been activated will be refunded in full less reasonable administration costs. Once learner accounts have been activated, the Fee is non-refundable regardless of whether any learner has commenced or completed a course, except where Safewise exercises its discretion in the event of a sustained platform outage or discontinuation of the Platform Provider's service.

10.1  The Agreement continues until the Services have been provided as specified in the Proposal, or until terminated in accordance with this clause.

10.2  Either party may terminate the Agreement by giving written notice where the other party commits a material breach of these Terms and, in the case of a breach capable of remedy, fails to remedy it within 14 days of written notice requiring it to do so.

10.3  Safewise may terminate the Agreement with immediate effect and without notice where:

1. the Client fails to make any payment due and that failure continues for more than 30 days after written notice has been given;
2. the Client commits a material breach that is incapable of remedy; or
3. the conduct of the Client or of any individual acting on their behalf towards Safewise staff is abusive, threatening, or otherwise poses a risk to the safety, wellbeing, or professional integrity of those individuals.

10.4  Either party may terminate the Agreement where the other party becomes insolvent, enters administration, passes a resolution for winding up, or ceases to carry on its business.

10.5  On termination, the Client must pay Safewise for all work done and expenses incurred up to the date of termination. Termination does not affect any accrued rights or liabilities of either party.

10.6  Following expiry or termination of the Agreement, the Client no longer has permission to use Safewise's name, branding, or the details of any Safewise adviser in connection with the Client's health and safety or HR provision, or to represent Safewise as their competent person. Where the Client continues to use Safewise's details in this way without written permission after the Agreement has ended, Safewise reserves the right to charge for misrepresentation in a sum no less than four times the Client's last annual retainer Fee, in addition to any other remedies available.

11.1  All intellectual property rights in materials, documents, policies, templates, reports, and other content created by Safewise and provided to the Client remain the property of Safewise unless otherwise agreed in writing.

11.2  Safewise grants the Client a non-exclusive licence to use materials provided under the Agreement solely for the Client's internal business purposes during the Term.

11.3  The Client shall not reproduce, distribute, or make available to third parties any Safewise materials without prior written consent.

11.4  Neither party shall infringe the intellectual property rights of any third party during the Term.

12.1  Each party agrees to keep confidential all information received from the other party that is designated as confidential or that ought reasonably to be regarded as confidential, and to use it only for the purpose of performing obligations under the Agreement.

12.2  This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law or regulatory authority.

12.3  The obligation of confidentiality survives termination of the Agreement for a period of three years.

13.1  Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

13.2  Subject to clause 13.1, Safewise shall not be liable to the Client for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, or loss or corruption of data, whether arising in contract, tort, or otherwise.

13.3  Subject to clause 13.1, Safewise's total aggregate liability to the Client shall not exceed the sum insured under Safewise's professional indemnity insurance policy in the insurance year in which the Client's claim is first notified, or the total Fees paid by the Client in the 12 months preceding the event giving rise to the claim, whichever is the greater.

13.4  The Client shall indemnify Safewise against all claims, costs, and expenses that Safewise may incur and that arise directly or indirectly from the Client's breach of any obligation under these Terms.

14.1  Each party shall comply with its obligations under applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.

14.2  Safewise's Privacy Policy and Data Retention Policy, available on the Safewise website, set out the basis on which Safewise processes personal data in connection with the Services.

15.1  Safewise is committed to resolving any concerns promptly and fairly. Any complaint must be submitted in writing to the Operations Director at Safewise, using the contact details on the Safewise website.

15.2  Safewise will acknowledge receipt of a written complaint within 5 business days and will aim to provide a full written response within 20 business days.

15.3  Where a complaint cannot be resolved through this procedure, both parties agree to attempt resolution through good faith negotiation before commencing formal proceedings in accordance with clause 16.10.

16.1  Force Majeure. Neither party shall be liable for any delay or failure to perform obligations where that delay or failure results from circumstances outside their reasonable control, including acts of God, pandemic, civil unrest, or failure of third-party systems. The affected party shall be entitled to a reasonable extension of time for performance of its obligations.

16.2  Variation. Any variation to these Terms agreed between Safewise and the Client must be recorded in writing and signed by an authorised representative of each party. Safewise reserves the right to update these Terms generally, with not less than 30 days' written notice to existing Clients of any material change. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

16.3  Assignment. The Client shall not assign, transfer, or delegate any rights or obligations under the Agreement without the prior written consent of Safewise.

16.4  Relationship of Parties. Nothing in the Agreement establishes or implies a partnership, joint venture, or agency relationship between the parties.

16.5  Third Party Rights. The Agreement does not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

16.6  Severance. If any provision of these Terms is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, deleted. The remaining provisions shall continue in full force.

16.7  Waiver. Failure by either party to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision at any subsequent time.

16.8  Notices. Any notice required under these Terms must be given in writing and may be delivered by email, personal service, or first class post to the address of the relevant party as set out in the Proposal or as otherwise notified in writing. Notices sent by email are deemed received on the next business day following transmission. Notices sent by post are deemed delivered in the ordinary course of post.

16.9  Entire Agreement. These Terms and Conditions, together with the Proposal, constitute the entire agreement between the parties in respect of the Services and supersede all prior agreements, representations, and understandings.

16.10  Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim, provided that both parties agree to attempt resolution in good faith through Safewise's complaints procedure before commencing formal proceedings.

 

These Terms and Conditions are issued by Safewise Health, Safety & HR Advisors Ltd and apply to all Services provided by Safewise. The current version is available at all times on the Safewise website. For queries, please contact us using the details above.

Version 2.0. Last reviewed May 2026. These Terms supersede all previous versions.