Statements with regard to the CAP AWARD.
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Provision Catering Europe Limited shall retain ownership of the copyright and all other industrial and intellectual property rights concerning CAP AWARD technology, systems, audit assessment tools and products
In accordance with prevailing intellectual property legislation, the Client shall acquire the right to use the CAP AWARD products and / or documents, data, information, or advice resulting from the Services rendered in line with the stated terms i.e. implementation correspondences once the amounts due for the Services have been fully paid to provision Catering Europe Limited
For the purposes of adequately delivering services, CAP AWARD and provision Catering Europe Limited shall be entitled to use, develop or share with each other knowledge, experience and skills of general application gained through performing the Services
CAP AWARD technology, any hardware, property, or software owned by provision Catering Europe Limited shall remain the property of the same and the Client shall not have any right over this property
The name and logo ‘CAP AWARD’ are distinctive signs exclusively owned by provision Catering Europe Limited and are protected by the applicable legislation. Thus, the Client undertakes to not use the ‘CAP AWARD’ name or logo in the course of trade without prior written consent from CAP AWARD and provision Catering Europe Limited.
2. INVOICING AND PAYMENT OF FEES
CAP AWARD and Provision Catering Europe Limited shall issue and send invoices to the Client for the CAP AWARD fees as published and as incurred in the course of the Services in accordance with the terms and conditions established in the implementation correspondences i.e. CAP AWARD brochure and letters. The fees do not include applicable taxes and shall be invoiced including, when applicable, corresponding taxes in accordance with current applicable regulations
The client shall settle the invoices issued by CAP AWARD and Provision Catering Europe Limited according to the terms and conditions established in the implementation correspondences and if the same have not been established, within 30 days of the date of issue of the invoice.
The payment shall be made via bank transfer to Provision Catering Europe Limited bank account which is detailed in the invoice
In case of default on the invoices issued by CAP AWARD and Provision Catering Europe Limited within the period established and without prejudice of the rights granted by Law, CAP AWARD and Provision Catering Europe Limited could according to its own criterion: (i) cease from rendering further Services until the Client has paid the outstanding invoices, or (ii) rescind the CAP AWARD programme / Contract / Agreement or any extension previously granted by CAP AWARD and Provision Catering Europe Limited. In case, CAP AWARD and Provision Catering Europe Limited could also claim losses and damages incurred from the Client and submit the Products resulting from the Services rendered to the Client as evidence of the work performed in any legal claims.
If the Contract / Agreement is terminated or suspended prior to completion of the Services i.e. including but not exclusive to the nomination of the assessment visit date, CAP AWARD Report, 12 month e-mail support, CAP AWARD and Provision Catering Europe Limited shall be entitled to the full payment as in accordance with the terms and conditions established in the implementation correspondences i.e. CAP AWARD brochure and letters
When the implementation correspondences i.e. CAP AWARD brochure and letters stipulates more than one recipient (Client or Other Beneficiaries) of the Services, all recipients shall be individually responsibility for the payments of these amounts and CAP AWARD and Provision Catering Europe Limited could claim, indistinctly, against all recipients or any of them in order to reclaim the full payment of the Fees and Expenses incurred
3. LIMITATION ON CAP AWARD, Provision Catering Europe Limited
CAP AWARD at Provision Catering Europe Limited shall be liable to the Client and Other Beneficiaries in proportion to the part which could be attributed to CAP Award and provision Catering Europe Limited, for any claim for direct losses, damages (including but not limited to sales, turnover, opportunity, goodwill, reputation, etc), costs and expenses suffered by the client or Other Beneficiaries as a direct result of CAP Award and Provision Catering Europe Limited non-compliance or improper fulfilment of the Contract up to a maximum of TWO TIMES the Services fees payable by the Client and Other beneficiaries to CAP AWARD and provision Catering Europe Limited in accordance with the terms of the Contract except in the case of fraud, misconduct, gross negligence or any other deliberate non-compliance with obligations by CAP AWARD and Provision Catering Europe Limited in which case the above mentioned limit shall not apply.
Under no circumstances shall CAP AWARD and Provision Catering Europe Limited or CAP AWARD and Provision Catering Europe Limited personnel be liable for any damages, costs, expenses for losses of opportunities or profits or for indirect damages, expenses or losses suffered by the Client or Other Beneficiaries arising from or in connection with the Services (including but not limited to any advice or recommendations provided), regardless of the cause of the loss or damage, except in the cases of gross negligence, fraud, misconduct or any other deliberate non-compliance with obligations by CAP AWARD and Provision Catering Europe Limited personnel
Without prejudice to the provisions of clause 1 – Limitations on CAP AWARD, CAP AWARD and Provision Catering Europe Limited will not be responsible for the results of the decisions taken by the Client and Other Beneficiaries based on the Services rendered. In this regard, if any third party, including not limited to, the personnel, clients or suppliers of the Client and Other Beneficiaries files any sort of claim against CAP AWARD and Provision Catering Europe Limited personnel, the Client and Other Beneficiaries shall hold CAP AWARD and Provision Catering Europe Limited personnel harmless in respect of such claim, except when this is based on the misconduct, fraud, gross negligence or any other deliberate non-compliance with obligations by CAP AWARD and Provision Catering Europe Limited personnel
Under no circumstances shall CAP AWARD and Provision Catering Europe Limited be liable for damages, losses, costs, expenses or damages of any claim which may originate from fraudulent or illegal acts or omissions made by the Client or Other Beneficiaries, or from the non-veracity of the information which any of these may have provided or the failure to disclose information which should have been made known to CAP AWARD and Provision Catering Europe Limited in respect of the Services described in the Contract
The Client and Other Beneficiaries shall compensate CAP AWARD and Provision Catering Europe Limited for the losses, costs, expenses or damages of any claim which could be filed against CAP AWARD and Provision Catering Europe Limited as a result of the Client and Other Beneficiaries disclosing, partially or totally, the content of Products, or documents, data or information resulting from the Services.
4. CLIENT RESPONSIBILITIES
The Client shall be solely responsible for:
- The management, conduct and operation of its business and affairs
- Deciding the extent to which it relies on advice, recommendations, products delivered or any other services provided by CAP AWARD and provision Catering Europe Limited in decision making and the results of implementing such advice
- The achievement or realisation of any benefits directly or indirectly related to the Services which require implementation by the Client
To enable CAP AWARD and provision Catering Europe Limited to perform the Services, the Client shall supply promptly all information and assistance, including without limitation placing at CAP AWARD and provision Catering Europe Limited’s disposal the necessary means and access, in the due time and manner, to the Client’s equipment, particulars, information and personnel and shall duly inform CAP AWARD and provision Catering Europe Limited of any information which could affect the Services
In the cases in which CAP AWARD and provision Catering Europe Limited carries out, either totally or partially, its Services in the Client’s premises, the latter undertakes to provide the appropriate work area for CAP AWARD and provision Catering Europe Limited personnel to perform the services, as well as to provide the information required according to the prevailing safety at the workplace legislation
In the cases in which CAP AWARD and provision Catering Europe Limited uses the Client’s material, equipment, computer systems or telecommunications network, the Client will provide or perform all the accesses, security requirements, virus scans, installations, licenses or consents which may be deemed necessary and, all of these, without any costs to CAP AWARD and provision Catering Europe Limited. Likewise, in these cases, the correct functioning of such equipment, systems and networks, as well as the consequences that could affect the performance of the Services as a result of deficiencies, absence and failure of its equipment, systems and networks, will be the Client’s exclusive responsibility. The Client guarantees that the usage of such means by CAP AWARD and provision Catering Europe Limited does not constitute a violation of any kind of intellectual or industrial property rights vis-à-vis a third party.
The Client shall be responsible for its employees and agents’ compliance with the above mentioned obligations and for the accuracy of the data and the information provided to CAP AWARD and provision Catering Europe Limited for the performance of the Services.
The Client should assign personnel with the relevant qualifications, internal knowledge of the activity and the objectives of the Project, authority to take decisions and approve results as they are obtained, and availability to collaborate in the performance of the work described in the Services. In the event any significant changes are made to the team assigned by the Client, the possible impact on terms and work content and the repercussions on other agreements contained in the implementation Letter, Contract or any additional document which defines agreements between the parties should be discussed with CAP AWARD and provision Catering Europe Limited
In the event of the cancellation of the Services by the Client, the following percentages will be charged based on receipt of the notification (by registered or recorded delivery mail or by e-mail) – Within 5 working days 50% of quoted fees, between 6 and 10 working days 25%, between 11 and 20 working days 10% and more than 20 working days 0%
5. TERMINATION OF THE CONTRACT / AGREEMENT
Either party may at any time by written notice terminate the Agreement without liability for compensation or damages if
- There is a change of ownership of the Client premises, change of Client and / or change of key Client personnel
- The other fails to comply with any of its obligations under this agreement or any agreement supplemental to it and the failure (if capable of being remedied) remains un-remedied for 28 days after being called to its attention by written notice from the party not in default
- The other purports to assign the burden or benefits or charge the benefits of the Agreement
- The other convenes a meeting of its creditors or suffers a petition to be presented or a meeting to be convened or other action to be taken with a view to its liquidation except (with the written approval of the other) for the purposes of and followed by amalgamation or reconstruction
- The Client is unable to pay his debts as they fall due or is made bankrupt
- A receiver or administrative receiver is appointed of any of the other’s or the respective parties sub-contract’s property
- Special Circumstances relating to service shortfall/s: –
‘CAP AWARD and provision Catering Europe Limited reserve the right to re-inspect the Client’s premises without prior notice at any time and if during such re-inspection it is found that there has been a material decline in standards such that the assessment criteria are no longer satisfied, then CAP AWARD and provision Catering Europe Limited may withdraw the current’s CAP Award standing i.e. the Award current at twelve months. In the event of such withdrawal the Client shall forthwith remove from display at its premises all certificates, notices and other indicators that it has qualified for the current CAP Award. The required progressive actions with regard to re-instatement will be specified by the CAP Award in an up-dated Action Plan. Upon ‘fully evidenced’ delivery on the required actions, the site may have its CAP Award re-instated in line with its initial twelve month time frame.’
6. LAW AND JURISDICTION AND MEDIATION
This Agreement shall be governed by and constructed in accordance with English Law and the parties hereto submit to the exclusive jurisdiction of the English Court in respect of any dispute or matter arising out of or connected with this Agreement. Notwithstanding the jurisdiction of the English Court the parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this agreement promptly through negotiations between the parties or the respective Senior Executives of the parties who have authority to settle the same. If the matter is not resolved through negotiations, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure recommended to the parties by the Centre for Dispute Resolution
Third Party Rights for the purposes of the Contract (Rights of Third Parties) Act 1999 and (notwithstanding any other provision of the Agreement) this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions
Complaints must be addressed in writing to the CAP Award Appeals, Harborough Innovation Centre, Wellington Way, Airfield Business Park, Market Harborough, Leicestershire, LE16 7WB within 14 days of the event
Our statement of general policy is:
• To provide adequate control of health and safety risks arising from our work activities.
• To consult with our employees on matters affecting their health and safety.
• To provide and maintain safe plant and equipment.
• To ensure safe handling and use of substances.
• To provide information, instruction and supervision for employees.
• To ensure all employees are competent to do their tasks and give them adequate training.
• To prevent accidents and cases of work-related ill health.
• To maintain safe and healthy working conditions.
• To review and revise this policy as necessary at regular intervals.
In caring for each other at work, it would be wrong to ignore the issue surrounding environmental care. It is the company’s policy that the enormity of the environmental problems the world faces today and in the future are acknowledged.
The company’s aim is to encourage awareness of environmental issues both with our employees, and with our customers and clients through open communication.
We will continually make practical recommendations and take positive steps to minimise environmental damage in our day to day operations.
Company Action In order to help reduce the impact of our actions on the environment the following areas are continually targeted for action.
Energy We are extremely careful to minimise the use of energy such as electricity/gas. Thus the use of fuel can be dramatically reduced, helping to minimise the discharge of noxious gases into the atmosphere. We encourage all our clients to replace old and redundant cooking and heating appliances with more modern, economical and fuel efficient devices, ensuring all further energy saving.
Packaging Materials We actively encourage our suppliers to reduce the volume of packaging materials they use for their products. Preference is given to those that use packaging materials that have been recycled or can be recycled, that contain non toxic materials and will easily decompose following disposal. We encourage our staff to choose recycled materials when it is cost effective to do so. Head Office uses recycled paper for the majority of correspondence.
Waste Materials We produce waste materials including packaging and other material. All our staff are encouraged to participate in local schemes to recycle as many of their products as possible, including glass and paper products. We always replace refrigeration equipment with new units that contain non CFC gases.
Old refrigerators are sent to controlled sites to ensure safe disposal of the harmful CFC gas.
Cleaning Chemicals The cleaning chemicals provided by our supplier have been designed to have the least impact on the environment during use and following disposal meeting all EEC environmental requirements.
Training & Communication We regularly communicate to our staff our policy on Environmental Care. They will receive internal information upon indication and initial employment within the company and through our internal communications material.
We are committed to providing and supporting equal opportunities for all employees and programme assessors regardless of any of the following or any other criteria or other indirect issues that cannot be shown to be properly justifiable: gender, marital status, disability, nationality, race or ethnic origin, age, parental or dependant responsibilities, trade union membership, religious or political affiliation, sexual orientation.
We promote best practice by ensuring that all possible steps are taken to achieve equality of opportunity by removing discrimination and prejudice whether direct or indirect. The aim is always to maintain a professional environment of safety, dignity and mutual respect.
We treat any complaints under this Statement as very serious. They will be dealt with through its disciplinary procedures. provision supports this Statement by ensuring that the aims of the Statement are known and understood by all employees and programme assessors by: Maintaining access to the Statement for all all employees and programme assessors, Promoting awareness of the Statement for any contract or job applicants, Ensuring that support and guidance is available to all levels of the organisation on the introduction and operation of this Statement.
Acting in accordance with the requirements of the Disability Discrimination Act 1995 by not discriminating against current or prospective employees and programme assessors who have a disability or who have had a disability in the past. Reasonable adjustments will be made wherever possible to the workplace, workstation or working environment to help the disabled person cope with their disability.
Provision Catering Europe Limited aims to develop Quality Management through adherence to and development of Continuous Advancement throughout the organisation.
Through a system of consultation we shall continually develop standards of service to our clients.
We will: Continually strive to improve our working partnerships by discussion, learning and agreed actions.
Improve ourselves as individuals thereby maximising potential benefits to all who come into contact with us.
We have agreed a five point Quality Statement which is further translated to personal standards of performance by all disciplines within our organisation.
The Company Quality Statement and divisional standards of performance are based on five quality factors: Professionalism, Cost Effectiveness, Value for Money, Communication, Speed of Response.
These are five quality factors by which we will perform individually and as a team.
CSR is the process of assessing an organisation’s impact on society and evaluating their responsibilities. CSR begins with an assessment of the business and their: Clients, Suppliers, Environment, Communities & Employees.
Provision Catering Europe Limited aims to be a good corporate citizen in all aspects of its operations and activities. To this end we have brought together a series of operating principles under the broad heading of Corporate Social Responsibility (CSR) to serve as a guide to employees in all aspects of their work for the company.
The principles cover all areas of the Company’s operations and have been developed with reference to the relevant codes of corporate governance and best practice. The policy can be divided into five main areas as highlighted in the opening definition
Purchasing within the catering, housekeeping (cleaning), laundry and other soft services is often an emotive subject. Our policy is simple:
We benchmark client prices against the industry to ensure best price and quality – if market prices fall, we would expect the suppliers to follow suit.
All suppliers have to conform to our stringent Quality and Hygiene checks.
All supplier service ‘breakdowns’ should be accounted for as part of Monthly Management Information Reporting.
By adopting this policy we believe we develop good working relationships with our Client’s suppliers rather than “chopping and changing”.
Being a private company we do not have any financial interests in any of our Client’s suppliers, guaranteeing that we always have the best interests of our clients at heart.
The Director of Provision has many years of experience in negotiating with suppliers and we are confident that our supplier dealings will therefore always bring benefits to our clients.
It is the Company’s intention that the production of food from a vending machine or kitchen should be without risk of contamination to the consumer.
Strict adherence to the following regulations is mandatory: –
All employees and assessors will maintain very high standards of personal cleanliness, and will wear the protective clothing provided when on site visits.
Employees and assessors suffering from infections which could cause food to be contaminated directly or indirectly must contact the Head Office prior to attending a food production area.
All employees and assessors will be medically screened prior to employment.
Any condition laid down in the Food Safety Regs. 1995, Food Hygiene (Scotland) Regulation 1959 and any other subsequent relevant Acts of Parliament must be observed by employees and assessors.
Any equipment, which comes into contact with food, will be kept in good order and repair so to ensure that it can be thoroughly cleaned, will not be absorbent and will not contaminate food.
All employees and assessors must observe all regulations laid down in this policy.
Uniforms must not be worn during the journey to work.
Provision Catering Europe Limited accepts the aims and requirements of the Food Safety Act 1990 and associated Regulations. We recognise the importance and our responsibility in working within the guidelines of hygienically and safely prepared food at our client’s premises.
We will adopt a safe level of operation within the CAP AWARD assessment programme by adhering to the given site’s Analysis of Food Hazards (identifying the critical points). We recognise the main steps within the analysis are as follows: food procurement, delivery, storage, preparation, cooking, holding, transportation and service.
The responsibility for food safety rests with all but the key areas of responsibility on the Client’s premises are seen as being:-
Senior Catering Managers Are responsible for ensuring that the Food Safety Policy is implemented within the business outlets within their control.
Catering Managers Are responsible for ensuring that the Food Safety controls, standards and procedures are effectively operated within the business for which they have management control. They should ensure that all staff are adequately informed, trained and supervised within all aspects of safe food production pertinent to the staff member’s job role.
All Other Client Site Catering Employees Are responsible whilst preparing food for ensuring that due care and diligence is taken in maintaining their Food Safety procedures, standards and controls.
Provision Catering Europe Limited places a great deal of emphasis upon training at a time when cost savings often take priority. Our philosophy is to invest resources, time, expertise, and energy into creating an environment in which team members will wish to develop existing and new skills.
All new team-members (employees and assessors) will receive a planned, systematic induction with further training to bring them to an effective standard of achievement in the shortest possible time. Training and development plans are both relevant and cost effective to both individual and client needs.
Line Management is accountable for on-site training, a process that is complimented with quality support material. Training is an integral part of the working week. Significant benefits are derived from training being carried out when and where it is needed allowing most cost effective use of resources than if the team member were taken away from the workplace. These actions ensure that potential disruption to our client’s service is minimised.
Provision Catering Europe Limited retains the right with or without cause, and with or without notice, to access or monitor any communication or information stored on or passing through the Company’s systems.
The Company systems are intended to be used for Company purposes and, except for minimal convenience, are not to be used for personal business. Examples of minimal convenience include maintaining a list of personal as well as business commitments in a calendar or organiser file or use of e-mail for short personal notes.
The company does not support unsolicited email messages sent by users of our system (also known as junk mail or spam). Users sending unsolicited email messages from our system will have all of their services suspended.
The companies computing systems may not be used for playing computer games.
Unless downloading and installation of software is specifically within an employees or assessors role, they should first seek approval from the management, recognising that importation of software through the Internet entails a risk of virus infection.
Bringing in outside storage devices or storage devices with content modified on other systems is discouraged, and must be authorised by the management, but, when done, virus detection must be used prior to any use with Company systems.
Company employees and assessors are requested to agree to comply with the Company policy that prohibits permitting use of an individual’s password by others.
In recognising the importance of computer and internet security, violations of these policies may subject an individual to disciplinary action and, in extreme instances, termination.