Terms and Conditions of Service
The Adventure Service is a personal development learning disability service. The following document outlines our Terms and Conditions of Service by which you, the Client, accept the services of The Adventure Service Ltd. You accept that these Terms and Conditions of Service have been made available to you, and that any acceptance by you of the services provided by The Adventure Service Ltd will constitute a contract with The Adventure Service Ltd incorporating these Terms and Conditions of Service.
“The Client” is the person who commissions the services of The Adventure Service Ltd and who is contractually liable for payment of its fees.
“The Service User” is the person to whom The Adventure Service Ltd provides its care and may be the Client or may be the person for whom the Client commissions the services of The Adventure Service Ltd.
The Adventure Service Ltd will provide the services as set out in the Service User Support Plan, as The Adventure Service Ltd and the Client may agree to amend from time to time by prior agreement. The provision of services is subject to the following Terms and
Conditions of Service:
Fees for Day Services must be paid on a monthly basis, in arrears. We calculate the total payable by you each month by the amount of days attendance that you have booked at the start of the agreement. All costs associated with Adult Short Breaks will be payable upfront prior to the excursion taking place.
All fees are subject to review. The Adventure Service Ltd will notify Service Users of variations in writing 4 weeks prior to them coming into force. All charges must be paid to The Adventure Service Ltd.
All invoices are payable within 21 days of receipt of the invoice and must be paid directly to The Adventure Service Ltd by either direct debit, cheque or bank transfer. Cheques should be made payable to ‘The Adventure Service Ltd’.
If payments are late, The Adventure Service Ltd may, without prejudice to its other rights, suspend services. In addition, if payment is not received in full within 4 weeks of the invoice date, interest will be charged at the rate of 10% on any outstanding balance. If still outstanding after two months of the date of the invoice, an additional charge of 10% will be charged. At this point The Adventure Service Ltd reserves the right to suspend the services provided with 24 hours’ notice and to charge for any reasonable costs incurred in taking steps to obtain payment.
Period of Engagement and Termination of Service
The services will be provided for the period specified in the Service User Support Plan being terminable on notice. The Adventure Service Ltd retains the right to terminate the services provided with 24 hours’ notice under the following circumstances:
a. The Service User refuses to accept the services to be provided as detailed in the Service User Support Plan
b. Following a risk assessment being undertaken, The Adventure Service Ltd determines that it is not possible to provide care and support safely to the Service User.
c. The Adventure Service Ltd determines that it is not able to provide the level of services required by the Service User and this concern is brought to the attention of the Client and Service User
d. If an invoice remains unpaid for a period of 2 months or more
e. An employee of The Adventure Service Ltd experiences discrimination of any form by the Client or Service User
To terminate or substantially revise service provision, a full 28 days’ notice is required by The Adventure Service Ltd
The Adventure Service Ltd is dedicated to ensuring equal opportunities for all employees and Clients/Service Users, irrespective of their race, age, sex, material status, physical or mental disability, sexual orientation, gender-identity, religious beliefs or political opinions. The Adventure Service Ltd will not tolerate discrimination by staff, Clients or Service Users of any kind.
The Adventure Service Ltd will use its reasonable endeavours to provide the services specified in the Service User Support Plan, however, should The Adventure Service Ltd.’s ability to do so be interrupted or interfered with by an event of force majeure, then The Adventure Service Ltd.'s obligation to do so will be suspended while the interference or interruption continues. The Adventure Service Ltd will not be responsible for any loss or damage suffered by a Client or Service User as a result of a force majeure event, without limitation, generally considered to be events beyond the control of The Adventure Service Ltd, such as strikes, lock outs or other industrial disputes, acts of God, war, riot, civil commotion, pandemics, fire, flood or storms.
The Adventure Service Ltd.’s Responsibilities in Respect of the Services
a. The Adventure Service Ltd shall use reasonable skills and care in ensuring that all Staff have the relevant qualifications, training, experience and ability for any assignment for which they are supplied
b. Except in relation to death or personal injury caused by the negligence of The Adventure Service Ltd and/ or its Staff members and for fraudulent misrepresentation, The Adventure Service Ltd excludes any liability (whether direct or indirect, contingent or consequential including without limitation loss of goodwill, profit, contracts, business opportunity or revenue) for any costs, claims, damages, demands or expenses in connection with the services provided.
Service Users Responsibilities
The Client agrees:
a. Not to do any act or omission which will put or is likely to have the effect of putting The Adventure Service Ltd directly or indirectly in breach of any of the Employment Protection
b. To notify The Adventure Service Ltd of any risks to the health and safety of a staff member of which you become aware and agree that The Adventure Service Ltd may notify a staff member accordingly.
d. To provide The Adventure Service Ltd with complete and sufficient information relating to the support needs of the service user to enable The Adventure Service Ltd to provide them with the level of service you require and enable The Adventure Service Ltd to carry out its obligations under these Terms and Conditions of Service.
e. If in breach of any obligations under this clause, to indemnify The Adventure Service Ltd fully against all claims, fines, damages, awards, costs, expenses and other liabilities arising from any such breach or any claim by any third party against The Adventure Service Ltd as a result of your act or default whether under the Employment Protection and/or other Relevant Law or otherwise
These Terms and Conditions of Service, Employment Protection and any other Relevant Law includes but is not limited to: Working Time Regulations 1998, Discrimination Act 1996, Employment Relations Act 1999, Human Rights Act 1999, Sex Discrimination Act 1975 (as amended), Race Relations Act 1976, Disability Discrimination Act 1995, and Equality Act 2010.
These Terms and Conditions of Service, together the Service User Support Plan, shall govern the contract between The Adventure Service Ltd and the client for the supply of services to the exclusion of all and any other agreements or terms and conditions agreed. The contract agreement entered into by The Adventure Service Ltd and the Client is governed by the laws of England.