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Terms & Conditions. The nitty gritty

Use of images  All images and photo’s used on this website are the property of Cherryfield Ecology and exclusive rights for their use are at the owners discretion. Images that do not belong to Cherryfield Ecology are used with the owners permission and are acknowledged as such.

General Terms & Conditions 1. Cherryfield Ecology 1.1. Cherryfield Ecology is a Private Limited business Reg no 10216752, owned and operated by Martin and Tanya O’Connor. 1.2. We are registered for Value Added Tax at this time VAT no 244631908 . 2. Registered Office  2.1. 105 Turners Road South, Luton Bedfordshire, LU2 0TG 3. Our Aim 3.1. We aim to offer efficient ecological survey(s) and consultancy service at a reasonable cost. The surveys are undertaken from an independent view point with no bias. 4. Terms of business 4.1. The following terms and conditions of business (“Terms”) give details of the way we will provide our services and should be read in conjunction with any accompanying correspondence e.g. quote. 4.2. Any dispute or legal issue arising from them will be determined by the law of England and Wales and considered exclusively by the English and Welsh Courts. 4.3. Unless agreed in writing, or unless super-seeded by a later edition of these Terms, these Terms shall apply to all current and any future works undertaken. 4.4. By accepting our quote you accept these Terms. 4.5. By agreeing to the Terms you acknowledge that the results and recommendations of the survey(s) is based on national good practice guidelines. These guidelines set-out the way in which survey(s) and recommendations are undertaken and reported. 5. Hours of business  5.1. The normal hours of opening are between 9.00am and 6.00pm on weekdays. Saturday and Sunday hours are 10am – 4pm. 6. Responsibility for work 6.1. When confirming your instructions, you will be given a time and date of your survey.  We will try to avoid changing the time and date but occasionally this may be unavoidable, due to unforeseen circumstances e.g. accidents and traffic jams. 6.2. We do not store your files and our work for you, including any communications, in hard or digital copies. If your files and our work is stored it is on the clear understanding that we can delete the files and work after a period, usually 12 months. 7. Fees and expenses 7.1. All of our fees and expenses (“Fees”) are quoted as a fixed fee/stage of work. We are  VAT registered at this time and do include VAT in quotes. 7.2. Fixed Fees are based on information available to us at the time and assumes that our work will not be more complex, require more resources e.g. time than is normal for that  survey. We reserve the right to update our fixed quote.  Further work is quoted at the stage it is required  e.g. stage 2 surveys once they are known to be needed. If we have to carry out additional work; have problems undertaking  the work because the project is changed by you; because additional works are undertaken by agreement with you; because of any time delay in providing your plans etc.; in taking any steps necessary for the  work; because we are delayed by others (or by events which were not foreseeable e.g. accidents); then you shall agree to an additional payment for additional time employed. 7.3. In most cases our Fees will be worked-out by the amount of time actually spent by the consultant (and any additional work e.g. admin). This will include time spent travelling to and from the base office. meetings, reading and working on documents and drawings; e-mail and receiving phone calls;  Hourly and daily rates for Fees are charged on the basis that a full day will be required including travel time. 7.4. Our Fees are based on mileage, records data and time spent travelling and writing reports. Mileage is charged at 0.45p/mile, data varies from location to location and will be included in the quote. 7.5. If your instructions do not come to completion, then unless we have agreed otherwise in writing, we will be entitled to charge you for our work done,  our minimum Fees in those circumstances is one hundred pounds Sterling. 7.6. At the time of booking a 50% deposit of the total fixed fee will be paid to cover expenses and time spent working on your project. 8. Disbursements (e.g. biological records data) 8.1. When undertaking your work, we may need to pay for items that are called disbursements e.g. Ordnance Survey plan or obtaining biological data from a wildlife trust or local authority records centre for your survey report. this will be detailed in the Fees and forms part of the quote. Fees may change best on the formal quote provided by the centre and Cherryfield reserves the right to update quotes when changes are changed by the third party. 9. Instructions/approval of the quote 9.1. Work must be instructed in writing which is seen as agreement to these Terms. 10. Limited companies 10.1. When accepting instructions to act on behalf of a limited company, we may require a authorized person e.g. MD to sign for our Fees. If the request is refused we will stop working on your behalf and will charge for the time worked thus far. 11. Agents 11.1. An Agent is someone  instructing us on behalf of another party (“Agent”). E.g. the Agent might be an architect/planner or person authorized to act on behalf of the client (family member, for instance). 11.2 In the event that the client will not or can not pay for the works, the instructing Agent agrees to pay for the works in full and recover the monies from the client directly. 12.Billing and payment 12.1. Unless otherwise agreed in writing 50% payment in full is due on the day of the survey. The remaining 50% is due on completion. 12.2. Once instruction/approval is received we will normally contact you to arrange the survey. 12.3. If you are an overseas client, payment in full is required before works are undertaken. 12.4. We will issue our work to you once we are in receipt of your payment, which must be within 15 days of the date of our invoice. 12.5 Accepted payment methods include –  bank transfer (details will be provided on the invoice) and PayPal secure card payment. 12.6. We are entitled to charge you interest on the amount of our bill until the date of payment. Payment of the bill should be made within 15 days of your invoice date. Interest is charged at 8% over the HSBC Bank PLC base lending rate. Payment by instalments unless agreed in writing before works start is not accepted. 12.7. You are liable for any costs (including but not limited to interest; compensation; etc.) involved in recovering Fees including those levied by us in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and those levied by third parties e.g. courts. 12.8 Our nominated bank account details are available upon request and included on the invoice. . 12.9. Receipt of your payment does not mean we will work on your behalf. We reserve the right to return the payment and decline to accept your instructions. 12.10. Title to the intellectual property and copyright covering all work issued by us (whether hard copy or digital) remains in our ownership until paid for in full).  We reserve the right to withdraw the works from either public or private domain if our payment terms are exceeded or criminal activities are found to have been undertaken. If continued use of the works is found to have taken place this will be considered a breach of the Terms. 13. CIS Scheme  13.1. There will be no CIS deductions on our invoices, as we are exempt from the scheme. 14. Consumer protection and refunds 14.1. The Consumer Protection (Distance Selling) Regulations 2000 regulates internet selling and you have seven working days to inform us of a required cancellation, which must be in writing. If you meet these criteria you will be refunded any monies paid. 14.2. The Consumer Protection (Distance Selling) Regulations 2000, state you are not entitled to any refund: when work commences or is due to commence within seven working days of work starting. 14.3. We will decide to stop working for you if there is a conflict of interest, a criminal activity has taken place or where there is another good reason (e.g. not paying an invoice as per these Terms). We will notify this in writing (e-mail) if we stop working for you. If you or we decide that this is the best of course of action, you will pay our Fees incurred to that point. 15. Complaints 15.1. It is our aim to offer an effective service. However,if there is any part of our service you are not happy with please raise your concern in the first instance, by writing, so it can be checked and an outcome can be drawn. 16. Data protection 16.1. We will use the information you supply to provide you with our services and for updating and enhancing client information; legal and regulatory compliance. The use of this information is subject to your agreement to the T&C’s, along with the Data Protection Act 1998/GDPR 2018. We may sometimes have to give your information to third parties e.g. professional advisors, local authorities and public bodies. 17. Limitation of liability 17.1. Professional indemnity and Public Liability insurance policies are maintained by us for working purposes. 17.2. Our maximum liability will be limited to the equivalent of no more than four times our Fees, or forty thousand Pounds Sterling. We will have no further liability to you or third parties in connection with our work. You agree not to pursue any claim or other legal proceedings against any individual of Cherryfield Ecology thereafter. 17.3. We will not be liable for any losses, damages, costs or expenses (“Losses”), if Losses are due to the provision of false and misleading or incomplete documentation or criminal acts. Finally due to the acts of any person other than a member of permanently employed staff at Cherryfield Ecology. 17.4. Details of our professional indemnity and pubic liability insurance cover are available should they be required. 18. Are way of working 18.1. You will be provided with an estimated timeframe for works either in our quotation or soon after accepting the quote. We will not be liable for any delays in work timeframes caused by circumstances beyond our control and will be entitled to a time extension if required. We may have to subcontract the works to a competent third party. All requests for information e.g. plans are due in a timely manner. 19. Hard copies (printed) 19.1. Digital copies of our work (e.g. PDF’s) will be provided for all works and communications, these are issued when works are complete.. We do not provide hard (printed) copies of reports for ethical reasons. 20. Reliance on others data 20.1. Information provided to us from third parties will be relied upon. It will not be checked by us. We cannot guarantee the survey data is correct when provided by others. 21. Site access 21.1. You are responsible for making all necessary arrangements to grant us access to your site, for some surveys internal and external access is required. Access must always be arranged in good time and not less than two working days before we are due to visit. We cannot pick up keys, post them or be held accountable for the loss or damage of keys for a site. 22. Site plans and drawings 22.1. Sometimes the type of survey you are instructing will require a mapping exercise, we need to be supplied with a PDF site plan, both existing and proposed showing the extent of the works. 23. Use of images  23.1 During the course of undertaking surveys – photos, images and plans will be taken, drawn or created. Cherryfield reserves the right to use these images for marketing, social media and promotional purposes.

24. Privacy and Data Collection Policy 

  1. Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and service users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via www.cherryfeildecology.co.uk.

1.4    In this policy, “we”, “us” and “our” refer to Cherryfield Ecology. For more information about us, see Section 13.

  1. Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

  1. How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3    We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business

3.4    We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include your name, address, email and phone number. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you]. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.5    We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.6    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is to provide our services to you.

3.7    We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relations.

3.8    We may process information relating to transactions, including purchases of goods and services that you enter into with us (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.9    We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.10  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.11  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.12  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.16  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

4.1    We do not disclose your personal data to any other groups of companies.

  1. International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    We do not provide data to any other company or companies outside of the EEA.

 

 

 

  1. Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    We will retain your personal data as follows:

(a)    usage data, account data, service data, publication data, enquiry data, customer relationship data, transaction data, correspondence data will be retained for a minimum period of 12 Months following 26/04/2018, and for a maximum period of 5 years following 26/04/2018.

6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of usage data, account data, service data, publication data, enquiry data, customer relationship data, transaction data, correspondence data will be determined based on the basis of the need to use it.

6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of significant changes to this policy.

  1. Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

  1. About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

10.1  We use cookies for the following purposes:

 

(a)    analysis – we use cookies to help us to analyse the use and performance of our website and services (cookies used for this purpose are identify cookies

  1. Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.[ The relevant cookies are: identify cookies.

  1. Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

 

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website.

  1. Our details

13.1  This website is owned and operated by Cherryfield Ecology.

13.2  We are registered in England and Wales under registration number 10216752, and our registered office is at 105 Turners Rd Sth, Luton LU2 0TG.

13.3  Our principal place of business is at above address.

13.4  You can contact us:

(a)    using our website contact form;

(b)    by telephone, on 07950279790

(c)    by email, using martin@cherryfieldecology.co.uk