Quality Integrity Care Keeping communities warm and safe
Terms and Conditions
The term ‘Community Warmth’, ‘business’, ‘organisation’, ‘us’ or ‘we’ refers to the owner of the website whose registered office is Horselake Farm, Cheriton Bishop, Exeter, Devon, EX6 6HD. Our company registration number is 09921315. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
General Terms and Conditions Community Warmth
1. GENERAL TERMS
Unless otherwise agreed in writing all offers or services provided by Community Warmth shall be governed by these General Terms and Conditions (“the Terms”). These Terms, the proposal and the contract constitute the agreement (the “Contract”) between the Client and Community Warmth (the Parties) with respect to the subject matter hereof. Save as otherwise provided, no variation to the Contract shall be valid unless it is in writing and signed by the Client if an individual or by a director duly authorised on behalf of the Client and Community Warmth.
“Active Phase” means the period of 12 months from start to end of contract.
“Assessment” means an investigation into the suitability for the client to become a member of any scheme.
“Assessment Period” means a period of time no greater than six (6) calendar months from the first company audit.
“Audit” means any assessment such as initial and on-going audits.
“Certificate” means any official document confirming certification issued by COMMUNITY WARMTH. All Certificates remain the property of COMMUNITY WARMTH and must be returned to COMMUNITY WARMTH on request. The Certificate may be withdrawn if the client is withdrawn from the scheme.
“Client” means the client identified in the application form, proposal, contract or certificate such as an installer, supplier, manufacturer, council, housing association, charity or another organisation.
“Contract” means the agreement between the client and the parties for COMMUNITY WARMTH.
“Commencement (start) Date” means the date from which the granting of certification is made and is valid for twelve (12) months.
“Proposal” means the outline of services as provided by COMMUNITY WARMTH to the Client.
“QICA” refers to the brand name of the accreditation scheme
“Reporting” means any agreed information provided during the contract period.
“Visit” means the first meeting undertaken by COMMUNITY WARMTH on the Client’s premises.
3. ACTIVITIES AND SERVICES
3.1 These conditions cover QICA certification services: including installers, suppliers, manufacturers, products and bespoke items including auditing, reporting and aftercare services both at proposal and active phase.
3.2 On completion of an assessment, COMMUNITY WARMTH will either pass the company for certification or issue a recommendation report which is not is not binding on COMMUNITY WARMTH and the decision to issue a Certificate is at the sole discretion of COMMUNITY WARMTH. 3.3 The client acknowledges that COMMUNITY WARMTH, either by entering into the contract or by provision of services, neither takes the place of the client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of the client to any third party or that of any third party to the client.
3.3 Suspension, withdrawal or cancellation of a registration certificate shall be in accordance with the contract.
(a) Where COMMUNITY WARMTH are not satisfied with any aspect of the initial assessment or audit COMMUNITY WARMTH can at its absolute discretion refuse to issue a certificate.
(b) All systems and works will be continually audited in line with the contract. The duration and frequency will be outlined in the contract and is at the reasonable discretion of COMMUNITY WARMTH.
(c) In the event that a client’s license is suspended / withdrawn or reducing the scope of certification, it must ensure that its use of all advertising matter that contains a reference to certification is immediately withdrawn and discontinued.
3.4 COMMUNITY WARMTH may instruct a subcontractor and the Client authorises COMMUNITY WARMTH to disclose all information necessary for such performance to the agent or subcontractor.
4. CLIENT OBLIGATIONS
4.1 The Client shall ensure that all requirements of audit are made available to COMMUNITY WARMTH, including properly qualified personnel instructed by the Client. So far as it is permitted by law, the Client acknowledges that it has not been induced to enter into the Contract in reliance upon, nor has it been given any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Terms and Conditions.
4.2 The Client shall inform COMMUNITY WARMTH of any and all changes in the nature of their business methods in writing which may affect their service or their skills within twenty-four (24) hours of the change being made. Any breach of this obligation to inform may lead to the withdrawal of the Certificate and its benefits such as associated funding.
4.3 The Client shall take all steps necessary to eliminate or remedy any obstacles or interruptions in the performance of the Services agreed. The Client agrees to notify COMMUNITY WARMTH in writing within twenty-four (24) hours of the Client becoming aware of such obstacles or interruptions and the rectification process they are implementing.
4.4 The Client accepts that the date and location of the visit shall be binding. Should the Client need to change the date and location of the visit then notice of seven (7) working days must be given to COMMUNITY WARMTH in writing. If the Client fails to provide the required notice to COMMUNITY WARMTH, then the Client accepts that COMMUNITY WARMTH in its sole discretion may charge the Client a fee as outlined.
4.5 In order to allow COMMUNITY WARMTH to comply with health and safety legislation the Client shall provide COMMUNITY WARMTH with available information regarding known or potential hazards likely to be encountered by COMMUNITY WARMTH personnel during their visits.
4.6 The Client may not reproduce, copy, publish or share extracts of any report, letter, documentation, proposal, contract, terms or any other communication supplied by either by written, electronic or verbal provided by COMMUNITY WARMTH in any way unless the Client has obtained the prior written authorisation of COMMUNITY WARMTH. All documentation and reports remain the property of COMMUNITY WARMTH and COMMUNITY WARMTH reserves the right to recover all and any associated costs regarding loss or potential loss of business. The Client shall not disclose, record or share any details of the way in which COMMUNITY WARMTH performs or conducts any of its operations.
4.7 The Client shall inform COMMUNITY WARMTH of any and all changes in the nature of their business methods in writing which may affect their business within twenty-four (24) hours of the change being made. Any breach of this obligation to inform may lead to the withdrawal of the Certificate and its benefits such as associated funding.
4.8 The Client agrees that should the Assessment extend beyond the six (6) month assessment Period COMMUNITY WARMTH shall have the right to withdraw from the Contract. The Client may re-apply immediately and will be responsible for all associated fees that relate to a new application.
5.1 The fees quoted to the Client cover all stages leading to the issue of a certificate. COMMUNITY WARMTH may increase its fees if the Client’s instructions change or are found to be not in accordance with the initial details supplied to COMMUNITY WARMTH. All fees and additional charges are exclusive of any applicable Value Added Tax.
5.2 Additional fees shall be charged for operations that are not included in the Proposal. These will include, without limitation, costs resulting from:
(a) re-starting the process if a period of six (6) months has elapsed and the certification has not been achieved;
(b) additional work due to suspension, withdrawal and/or reinstatement of a Certificate;
(c) reassessment due to changes in the Clients requirements for registration such as additional products or services.
5.3 On Engagement, COMMUNITY WARMTH shall issue an invoice equal to fifty percent (50%) of the total fee quoted. The second and final phase of payment (the balance) is due once the certification is finalised and prior to it being issued. Should the Client withdraw, the fifty percent invoice is not refunded. The Client agrees that all invoices are to be paid within seven (7) days of the date of each invoice regardless of whether the Client’s system or systems qualify for certification. Overdue invoices incur interest will become due at a rate of 1.5% per month from the invoice date up to and including the date payment is actually received. The Client is responsible for all associated legal and administration costs incurred in the recovery of unpaid or overdue invoices.
6.1 “Confidential Information” shall mean any oral, electronic or written proprietary information that either Party may acquire from the other. Confidential Information shall not include any information which:
(i) Is or becomes generally known to the public
(ii) Is disclosed to a Party by an independent third party who has a right to make such disclosure.
(iii) Was available to the receiving Party on a non-confidential basis prior to the time of its disclosure by the disclosing Party
6.2 Unless required so by law or by a judicial, governmental or other regulatory body, neither Party nor their agents or subcontractors shall use Confidential Information other than for the purpose of the Contract nor disclose Confidential Information to any person or organisation without the prior written approval of the other Party.
7. DURATION AND TERMINATION
7.1 Unless otherwise agreed the Contract shall continue subject to termination rights set out in these terms for the duration of twelve (12) months.
7.2 COMMUNITY WARMTH is entitled, at any time prior to the issue of a Certificate, to terminate the Contract if the Client is in breach of its obligations and following receipt of notice of such breach, the Client fails to remedy the breach within 30 days. Either Party shall be entitled to terminate immediately the provision of the Services in the event of any arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by the other Party.
7.3 In case the Client transfers any of its activities to another organisation the transfer of the Certificate is subject to COMMUNITY WARMTH’s prior written consent. Where such consent is given, the use of the Certificate by such new organisation shall be governed by the Contract and additional fees may apply at the sole discretion of COMMUNITY WARMTH.
8. FORCE MAJEURE
If COMMUNITY WARMTH is prevented from performing or completing any service for which the Contract has been made by reason of any cause whatsoever outside COMMUNITY WARMTH’s control, including but not limited to, acts of god, war, terrorist activity or industrial action; failure to obtain permits licenses or registrations; illness, death or resignation of personnel or failure by Client to comply with any of its obligations under the Contract, the Client will pay to COMMUNITY WARMTH: the amount of all abortive expenditures actually made or incurred and a proportion of the agreed fees equal to the proportion (if any) of the service actually carried out.
9. COMMUNICATION AND INTELLECTUAL PROPERTY
The Client may promote its certification, reference code and logo in accordance with the terms set out by COMMUNITY WARMTH governing the use of these marks. Use of COMMUNITY WARMTH, QICA or other associated names or registered trademarks for advertising or other purposes is not permitted without COMMUNITY WARMTH’s prior written consent.
Any document including but not limited to any documentation or any Certificate provided by COMMUNITY WARMTH by any means and the copyright contained therein shall be and remain the property of COMMUNITY WARMTH and the Client shall not alter, share, publish or misrepresent the contents of such documents in any way. The Client shall be entitled to make copies for its internal purposes only. Duplicates of Certificates can be made available by COMMUNITY WARMTH for the Client upon request but may be subject to an administration fee.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 COMMUNITY WARMTH undertakes to exercise reasonable care and skill in its activities and accepts responsibility only in cases of proven negligence. Nothing in these terms shall exclude or limit COMMUNITY WARMTH’s liability to the Client for death or personal injury or for fraud or any other matter resulting from COMMUNITY WARMTH’s negligence for which it would be illegal to exclude or limit its liability.
10.2 Subject to clause 10.1 the total liability of COMMUNITY WARMTH to the Client nor to any third party in respect of any claim for loss, damage or expense of any nature and howsoever arising shall be limited, in respect of any one event or series of connected events, to an amount equal to the fees paid to COMMUNITY WARMTH under the contract.
10.3 Subject to clause 10.1, COMMUNITY WARMTH shall have no liability to the Client nor to any third party for claim for loss, damage or expense unless arbitral proceedings are commenced within one year after the date of the performance by COMMUNITY WARMTH of the service which gives rise to the claim or in the event of any alleged non-performance within one year of the date when such service should have been completed.
10.4 Subject to clause 10.1, COMMUNITY WARMTH shall not be liable to the Client for any loss, damage or expense arising from either a failure by the Client to comply with any of its obligations herein or any actions taken or not taken on the basis of the audit or associated certificates; and any incorrect audit, result, reports or certificates arising from unclear, erroneous, incomplete, misleading or false information provided to COMMUNITY WARMTH or for loss of profits, loss of production, loss of business or costs incurred from business interruption, loss of revenue, loss of opportunity, loss of contracts, loss of expectation, loss of use, loss of goodwill or damage to reputation, loss of anticipated savings, cost or expenses incurred in relation to making product recall, cost or expenses incurred in mitigating loss and loss or damage arising from the claims of any third party (including without limitation product liability claims) that may be suffered by the Client; and any indirect or consequential loss or damage of any kind.
10.5 COMMUNITY WARMTH certificates, reports and audits do not provide the Client or their associates, partners, customers and suppliers with any guarantee that their business, services and activities are compliant with UK law. COMMUNITY WARMTH are assessing the level of customer care provided and not any form of compliance.
10.6 Except for cases of proven negligence or fraud by COMMUNITY WARMTH, the Client further agrees to hold harmless and indemnify COMMUNITY WARMTH and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising out of or in connection with the Client’s product, process or service the subject of the certification (including, without limitation, product liability claims).
10.7 Each Party shall take out adequate insurance to cover its liabilities under the Contract.
11.1 If any one or more provisions of these terms are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected in any way or impaired thereby.
11.2 The Client may not assign or transfer any of its rights hereunder without COMMUNITY WARMTH’s prior written consent. Neither party shall assign the contract without the prior written consent of the other party and such consent shall not be unreasonably withheld. Any assignment shall not relieve the assignor from any liability or obligation under the Contract.
11.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these General Terms and Conditions or any contracts.
11.4 A Party giving notice under these terms must do so in writing via recorded post to the address for the other Party as set out in the Application. Such notice will be deemed received by the other party three days after posting date.
Unless specifically agreed otherwise, all disputes arising out of or in connection with these terms or the contract shall be governed by the laws of England in accordance with the Arbitration Act 1996 and by a single arbitrator appointed between the parties.