The below sets out the standard terms and conditions under which Gegan Environmental Management Ltd (hereinafter referred to as “Gegan”) will provide waste management, brokerage services, environmental consultancy, animal feed and pet food supplies, renewable energy and insect farming, and any other services as agreed with their clients (hereinafter referred to as “the Client”). These terms are intended for general guidance and will be supplemented by a full contract agreed upon between the parties.
1. Provision of the Services
1.1 Gegan agrees to provide waste management, brokerage services, environmental consultancy, animal feed and pet food supplies, renewable energy and insect farming, and any other services as agreed with their clients which is described in the individual contracts or agreements with the Client.
1.2 Services will be provided in accordance with the agreed scope, timelines, and specifications outlined in the contract.
1.3 Gegan will perform the services with reasonable skill, care, and diligence, adhering to all applicable industry standards and regulations.
1.4 Gegan reserves the right to make reasonable adjustments to the services if necessary to comply with any legal or regulatory requirements, provided that such adjustments do not materially affect the nature or quality of the services.
1.5 The Client acknowledges that the successful provision of services may require the Client’s cooperation, including providing necessary information, access to sites, and timely decision-making.
2. Gegan’s Obligations
2.1 Gegan shall provide the services in a timely and efficient manner, using reasonable skill and care.
2.2 Gegan shall ensure that all personnel engaged in providing the services are suitably qualified and experienced.
2.3 Gegan shall maintain adequate insurance coverage, including but not limited to public liability insurance and professional indemnity insurance, to cover potential risks and liabilities arising from the provision of its services.
2.4 Gegan shall comply with all relevant environmental, health, and safety regulations in the performance of its services.
2.5 Gegan shall maintain the confidentiality of any proprietary or sensitive information provided by the Client, except where disclosure is required by law.
3. Client’s Obligations
3.1 The Client shall provide Gegan with all necessary information, documentation, and access to premises required to perform the services.
3.2 The Client shall ensure that all information provided to Gegan is accurate, complete, and up to date.
3.3 The Client shall comply with all applicable laws, regulations, and permits relating to waste management.
3.4 The Client shall ensure timely payment of all invoices in accordance with the agreed payment terms.
3.5 The Client shall maintain adequate insurance coverage to protect against any risks associated with their obligations under the contract.
4. Exclusivity
4.1 The Client agrees that during the term of the contract, Gegan shall be the exclusive provider of waste management, brokerage services, environmental consultancy, animal feed and pet food supplies, renewable energy and insect farming, and any other services as agreed upon with the client.
4.2 The Client shall not engage or contract with any other party for the provision of similar services without the prior written consent of Gegan.
4.3 This exclusivity clause is critical to ensuring that Gegan can deliver services efficiently and effectively, and any breach of this clause may result in the immediate termination of the contract.
5. Telephone Call Recording
5.1 All telephone calls, whether made via landline or mobile, can be recorded for training and monitoring purposes. By engaging in communication with Gegan, the Client consents to the recording of such calls.
6. GDPR Compliance
6.1 Gegan is committed to complying with the General Data Protection Regulation (GDPR). The Client’s personal data will be collected, processed, and stored in accordance with GDPR requirements.
6.2 Personal data will only be used for the purposes of providing the services agreed upon and for necessary communication regarding those services.
6.3 Gegan will take appropriate technical and organisational measures to ensure the security of the Client’s personal data.
6.4 The Client has the right to access, rectify, or erase their personal data, as well as the right to restrict or object to its processing. Requests should be directed to [insert contact details for data protection officer or relevant contact].
6.5 In the event of a data breach, Gegan will notify the relevant supervisory authority and affected individuals in accordance with GDPR requirements.
7. Payment Terms
7.1 The Client agrees to pay all invoices issued by Gegan within 30 days from the date of the invoice unless new payment terms are agreed in writing by both Gegan and the client.
7.2 In the event of late payment, the Client shall be liable to pay interest on the overdue amount. The interest will be calculated at a rate of 10% plus the Bank of England base rate.
7.3 Interest will accrue 30 days unless shorter payment terms have been agreed at which point interest will accrue every 7 or 14 days depending on what payment terms have been agreed with the client.
8. Overdue Payments
8.1 The Client acknowledges that any overdue payments will be subject to the interest charges mentioned above. The interest shall be calculated from the date the payment became overdue until the date payment is received in full.
8.2 Gegan reserves the right to suspend services or terminate the contract in the event of persistent late payments or non-payment.
9. Insurance
9.1 Gegan shall maintain adequate insurance coverage, including but not limited to public liability insurance and professional indemnity insurance, to cover potential risks and liabilities arising from the provision of its services.
9.2 The Client is advised to have appropriate insurance coverage in place to protect against any risks associated with their own obligations under the contract.
10. Limitation of Liability
10.1 Gegan’s liability to the Client for any claim arising out of or in connection with these terms shall be limited to the total fees paid by the Client to Gegan under the relevant contract.
10.2 Gegan shall not be liable for any indirect, incidental, or consequential damages, loss of profits, loss of business, or loss of data, whether arising in contract, tort (including negligence), or otherwise, even if such loss was reasonably foreseeable.
10.3 Nothing in these terms shall limit or exclude Gegan’s liability for death or personal injury caused by its negligence, fraud, or fraudulent misrepresentation.
11. Force Majeure
11.1 Neither party shall be liable for any failure to perform its obligations under these terms if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemics, strikes, lockouts, labour disputes, government regulations, or natural disasters (“Force Majeure”).
11.2 The party affected by Force Majeure shall notify the other party as soon as reasonably practicable, specifying the nature and extent of the Force Majeure event.
11.3 The affected party shall take all reasonable steps to mitigate the impact of the Force Majeure event and resume the performance of its obligations as soon as possible.
12. Termination
12.1 Either party may terminate the contract by providing a minimum of 30 days written notice to the other party prior to the end of the agreed agreement term as set out within the agreement.
12.2 Gegan reserves the right to terminate the contract immediately if the Client fails to comply with the payment terms, breaches the exclusivity clause, or violates any other significant terms of the agreement.
13. Governing Law and Jurisdiction
13.1 These Head of Terms shall be governed by and construed in accordance with the laws of England and Wales.
13.2 Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Dispute Resolution
14.1 In the event of any disputes arising under these terms, the parties agree to attempt to resolve the matter amicably through negotiation or mediation before resorting to litigation.
These Head of Terms are subject to change, and it is the Client’s responsibility to review the latest version on the Company’s website or contact Gegan directly to request a copy. For any queries or clarifications, including those related to GDPR, please contact us directly.
By continuing to engage with our services, you agree to these terms.