Terms & Conditions for Declaration Fee
Definitions
Content: any material submitted or created by the Users;
Declaration: the Declaration submitted on behalf of the Users to CL:AIRE by a Qualified Person;
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Qualified Person / QP: a suitably qualified person as listed on the register hosted by CL:AIRE here>>> see DoW CoP Appendix 6, pg 41.
Services: the services detailed in clause 1.2
Users: defined in clause 1.1;
We / us: CL:AIRE; and
You: the Users.
1. Outline of Process & Roles
1.1 DoW CoP users (Project teams & Qualified Person) ("Users") shall:
(a) Prepare all site information and planning documents in-line with the DoW CoP guidance document;
(b) Employ the services of a QP; and
(c) Arrange the QP to submit a Declaration document to CL:AIRE.
1.2 CL:AIRE shall:
(a) Provide Users (specifically QPs (as applicable)) with a receipt of Declaration;
(b) Collect Declaration fees from DoW CoP Users (identified in the Declaration form);
(c) Hold information from the Declaration and report it to the Environment Agency and Natural Resources Wales;
(d) Verify QP status as active at time of the Declaration submission;
(e) Host guidance information on use and application of the DoW CoP on the CL:AIRE website; and
(f) Provide wider general industry guidance on the management of land, contaminated land and groundwater.
1.3 CL:AIRE shall not:
(a) Provide detailed project advice or review specific project details; or
(b) Accept or confirm any support or approval for projects using the DoW CoP.
2. Payment
2.1 If you have requested that CL:AIRE invoice you for purchases of products or services, payment must be received within 28 days of the date of the invoice. Upon receipt of payment, an email confirmation will be issued. Please note that products and services will not be distributed or available to download until full payment has been received and your order confirmed.
3. Obligation to pay
3.1 In the event of late or non-payment by you of any sums due, future use of the DoW CoP will be restricted and/or prevented to the organisation identified on the Declaration form until all sums due are received.
3.2 If you fail to make payment due to CL:AIRE by the due date for payment, then you shall pay interest on the overdue amount at the rate of 10% per cent per annum above the Cooperative Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. You shall pay the interest together with the overdue amount.
3.3 You shall pay all amounts due in full without any set off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). CL:AIRE may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by CL:AIRE to you.
4. Acceptance of Terms
4.1 Users of the DoW CoP and associated websites accept the terms and conditions herewith. Use of this website and the DoW CoP constitutes the Users' agreement to all such terms, conditions and notices as provided from time to time.
5. User Content, Data Security and Intellectual Property
5.1 Users are solely responsible for any and all Content that they submit or create. CL:AIRE does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content.
5.2 By submitting or creating Content, Users warrant and represent that they are the author of such Content and/or that they have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. CL:AIRE accepts no responsibility or liability for any infringement of any third party Intellectual Property Rights in relation to such Content. Further, Users waive all moral rights in any and all Content that they submit or create to be named as its author.
5.3 By accepting these terms and conditions, the Users grant a non-exclusive, worldwide, perpetual licence to CL:AIRE subject to the source data, both in terms of the person or the organisation entering the data and the address to which the Content relates, being kept anonymous, to (i) use the Content for any purpose and (ii) copy, distribute, transmit, publicly display, publicly perform, transmit and reformat all Content for the purpose of providing the Services.
5.4 The Users represent and warrant that they have all necessary rights, power and authority to grant the licence described in Clause 5.3
5.5 CL:AIRE own all Intellectual Property Rights in the DoW CoP and associated processes.
5.6 All content on the CL:AIRE website is protected by copyright and other applicable Intellectual Property Rights. You may use the CL:AIRE websites and display and/or download on any single computer or print a single copy of any material for your personal or professional use provided you do not further copy or modify the page including, without limitation, by removal of any copyright notices. You may not otherwise reproduce, copy, distribute or use any material from any CL:AIRE websites. Permanent copying and/or storage of material or reproduction or incorporation of any part of it in any other work in whatever media is expressly prohibited.
6. Data Protection and Use
6.1 CL:AIRE aims to improve the performance of all concerned with construction and the environment. To enable us to achieve this, we collect and hold information about users of our products and services in which they have expressed interest from their use of the DoW CoP and CL:AIRE websites. This information is used to keep our customers updated on new developments in the industry and from time to time to obtain feedback on CL:AIRE's activities.
6.2 CL:AIRE shall comply with the Data Protection Act 1998 at all times. All data is treated in confidence and is not disclosed to any third parties, other than where we are required to or permitted to by law, or where you have given us your consent in advance. If you do not wish to continue to receive information from us, or if you have any questions or concerns about the information we hold about you, please email us at enquiries@claire.co.uk
6.3 CL:AIRE holds and reports information from DoW CoP Declarations to the Environment Agency and Natural Resources Wales on a regular basis or as-and-when requested to do so.
7. Confidentiality
7.1 A party ("receiving party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party ("disclosing party"), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under these terms and conditions, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to these terms and conditions. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 7 shall survive termination of these terms and conditions.
8. Liability
8.1 CL:AIRE is not responsible for the content or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing shall not be taken as endorsement of any kind.
8.2 Users should be aware that they use CL:AIRE's website, the Services and all relevant content at their own risk.
8.3 Nothing in these terms and conditions excludes or restricts CL:AIRE's liability for:
(a) death or personal injury caused by its negligence; or
(b) fraud or fraudulent misrepresentation on the part of CL:AIRE.
8.4 CL:AIRE intends for the content of this website to be accurate and reliable. CL:AIRE does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through the website or referenced links.
8.5 It is the responsibility of Users to ensure that any website accessed is free of potentially destructive items such as viruses.
8.6 Notwithstanding any other provisions in these terms and conditions, CL:AIRE will not be liable to you, whether in contract, tort (including, without limitation, negligence) breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with these terms and conditions, use of the DoW CoP or the website or other material referenced.
9. Availability of the Website and the Services
9.1 The website and the Services are provided "as is" and on an "as available" basis. CL:AIRE gives no warranty that the website or the Services will be free of defects and/or faults. To the maximum extent permitted by law, CL:AIRE provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
9.2 CL:AIRE accepts no liability for any disruption or non-availability of the website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10. Changes
10.1 CL:AIRE reserves the right to change or remove any content from the website, in whole or in part, at its sole discretion, at any time, without notice.
11. Termination and duration
11.1 The Services shall commence upon receipt by CL:AIRE of a Declaration and shall continue until [such Declaration is submitted to the Environment Agency OR the Services are deemed complete as decided by CL:AIRE in its absolute discretion].
11.2 Without limiting its other rights or remedies, CL:AIRE may terminate these terms and conditions by giving you 1 day's written notice.
11.3 Without limiting its other rights or remedies, either party may terminate these terms and conditions with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of these terms and conditions and (if such a breach is remediable) fails to remedy that breach within 5 days of that party being notified in writing to do so;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party; or
(d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
11.4 Without limiting its other rights and remedies, CL:AIRE may terminate these terms and conditions with immediate effect by giving written notice to you if you fail to pay any amount due under these terms and conditions on the due date for payment and fail to pay all outstanding amounts within 14 days after being notified in writing to do so.
11.5 Upon termination for any reason, you shall immediately pay CL:AIRE any outstanding unpaid invoices.
12. Governing Law and Jurisdiction
12.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
12.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).
13. Assignment
13.1 CL:AIRE may at any time assign, transfer or deal in any other manner with all or any of its rights under these terms and conditions and may subcontract or delegate in any manner any or all of its obligations to any third party or agent.
14. No partnership / agency
14.1 Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
