1. Introduction
1.1. About Our Company
Adyson LTD trading as Cura Compliance a leading CQC compliance company that provides consultancy and white paper services to clients seeking to subscribe with regulators such as the Care Quality Commission (CQC) in England, the Care Inspectorate in Scotland, and Ofsted in England. Our team of experienced professionals is dedicated to assisting care providers in achieving and maintaining compliance with the relevant regulatory standards.
1.2. Purpose of the Terms and Conditions
These Terms and Conditions (“Terms”) govern the relationship between Adyson LTD trading as Cura Compliance (“we,” “us,” or “our”) and our clients (“you” or “your”) who engage our services. By purchasing our services, you agree to be bound by these Terms. These Terms outline the rights, obligations, and responsibilities of both parties, as well as the scope of our services, payment terms, refund policy, confidentiality, and other essential aspects of our business relationship.
It is important that you read, understand, and agree to these Terms before engaging our services. If you have any questions or concerns regarding these Terms, please contact us for clarification before proceeding with your purchase.
Sure, I’ll update the company name in section 1.
1. Introduction
1.1. About Our Company
Adyson LTD trading as Cura Compliance is a leading CQC compliance company that provides consultancy and white paper services to clients seeking to subscribe with regulators such as the Care Quality Commission (CQC) in England, the Care Inspectorate in Scotland, and Ofsted in England. Our team of experienced professionals is dedicated to assisting care providers in achieving and maintaining compliance with the relevant regulatory standards.
1.2. Purpose of the Terms and Conditions
These Terms and Conditions (“Terms”) govern the relationship between Adyson LTD, trading as Cura Compliance, (“we,” “us,” or “our”) and our clients (“you” or “your”) who engage our services. By purchasing our services, you agree to be bound by these Terms. These Terms outline the rights, obligations, and responsibilities of both parties, as well as the scope of our services, payment terms, refund policy, confidentiality, and other essential aspects of our business relationship.
It is important that you read, understand, and agree to these Terms before engaging our services. If you have any questions or concerns regarding these Terms, please contact us for clarification before proceeding with your purchase.
3. Client Responsibilities
3.1. Accurate Information
To enable Adyson LTD trading as Cura Compliance to provide effective consultancy and white paper services, you agree to furnish us with accurate, complete, and up-to-date information about your organization, its operations, and its regulatory compliance status. You acknowledge that the accuracy and completeness of the information you provide will directly impact the quality and relevance of our services.
You are responsible for promptly notifying us of any changes or updates to the information you have provided to ensure that our services remain accurate and appropriate for your organization’s needs.
3.2. Legal Compliance
While Adyson LTD trading as Cura Compliance provides consultancy and white paper services to support your regulatory compliance efforts, you remain solely responsible for ensuring that your organization complies with all applicable laws, regulations, and standards. Our services are intended to supplement, not replace, your own legal and compliance obligations.
You agree to review and verify the suitability and accuracy of any materials, documents, or advice provided by Cura Compliance before implementing them within your organization. You acknowledge that the ultimate responsibility for regulatory compliance rests with your organization and its management.
3.3. Cooperation and Communication
To facilitate the effective delivery of our services, you agree to cooperate fully with Adyson LTD trading as Cura Compliance and its representatives. This includes providing timely responses to inquiries, making relevant personnel available for interviews or meetings, and granting access to necessary documents and information.
You agree to designate a primary point of contact within your organization who will be responsible for communicating with Adyson LTD trading as Cura Compliance, coordinating internal resources, and ensuring that project milestones and deliverables are met.
By fulfilling these client responsibilities, you enable Adyson LTD trading as Cura Compliance to provide the best possible service and support for your regulatory compliance needs. We are committed to working collaboratively with you to achieve your compliance goals while respecting your organization’s unique circumstances and challenges.
4. Confidentiality
4.1. Protection of Client Information
Adyson LTD trading as Cura Compliance recognizes the sensitive nature of the information that clients share with us in the course of providing our services. We are committed to maintaining the confidentiality and security of all client information, including but not limited to business plans, financial data, patient or service user information, and proprietary knowledge.
We agree to use client information solely for the purpose of providing the agreed-upon services and will not disclose or share such information with any third party without your express written consent, except as required by law or court order.
4.2. Non-Disclosure Agreement
Upon request, Adyson LTD trading as Cura Compliance will enter into a separate Non-Disclosure Agreement (NDA) with clients to further safeguard confidential information. The terms of the NDA will supersede the confidentiality provisions in these Terms and Conditions to the extent that they are inconsistent.
4.3. Data Protection and Privacy
Adyson LTD trading as Cura Compliance complies with all applicable data protection and privacy laws, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. We have implemented appropriate technical and organizational measures to ensure the security and integrity of client data.
When processing personal data on behalf of clients, Adyson LTD trading as Cura Compliance acts as a data processor and will enter into a separate Data Processing Agreement (DPA) as required by applicable law. The DPA will outline our specific responsibilities and obligations with respect to the handling of personal data.
Clients remain responsible for ensuring their own compliance with data protection and privacy laws, including obtaining necessary consents and providing appropriate notices to data subjects.
By engaging Adyson LTD trading as Cura Compliance, you can be assured that your confidential information will be handled with the utmost care and professionalism. We are committed to maintaining the trust and confidence of our clients and will take all necessary steps to protect the privacy and security of your information.
5. Intellectual Property
5.1. Ownership of Deliverables
All deliverables, including reports, documents, white papers, and other materials prepared by Adyson LTD trading as Cura Compliance in the course of providing services to clients, shall remain the exclusive property of Cura Compliance. We retain all intellectual property rights, including copyrights, trademarks, and patents, in relation to these deliverables.
5.2. Client’s Rights to Use Deliverables
Upon full payment of the agreed-upon fees, Adyson LTD trading as Cura Compliance grants clients a non-exclusive, non-transferable, and perpetual license to use the deliverables for their internal business purposes, subject to the terms and conditions outlined in this section.
Clients may not modify, distribute, reproduce, or create derivative works based on the deliverables without the express written permission of Cura Compliance. Any unauthorized use of the deliverables shall constitute a breach of these Terms and may result in legal action.
5.3. Limitations on Use and Distribution
The deliverables provided by Adyson LTD trading as Cura Compliance are intended solely for the internal use of the client organization and its authorized personnel. Clients agree not to share, distribute, or disclose the deliverables to any third party without our prior written consent.
In the event that a client wishes to share the deliverables with a third party, such as a regulatory body or external auditor, they must obtain written permission from Adyson LTD trading as Cura Compliance before doing so. We reserve the right to grant or deny such permission on a case-by-case basis.
Clients acknowledge that the deliverables contain proprietary information and intellectual property belonging to Adyson LTD trading as Cura Compliance and agree to take all necessary steps to protect our rights and interests in the deliverables.
By respecting our intellectual property rights and the limitations on use and distribution, clients help us maintain the integrity and value of our services. We are committed to working with clients to ensure that they can make effective use of the deliverables while safeguarding our proprietary information and expertise.
6. Payment and Fees
6.1. Service Fees
Adyson LTD trading as Cura Compliance shall provide clients with a detailed quote outlining the fees for our consultancy and white paper services before the commencement of any work. The quote will specify the scope of work, deliverables, timelines, and associated costs.
Clients acknowledge that the fees quoted are based on the information provided to us and the agreed-upon scope of work. Any changes to the scope of work or additional services requested by the client may result in adjustments to the fees, which will be communicated to the client for approval before proceeding.
6.2. Payment Terms
Clients agree to pay the fees for our services according to the payment terms specified in the quote or invoice. Unless otherwise agreed, payment is due within 30 days of receipt of the invoice.
We reserve the right to require a deposit or partial payment upfront, particularly for large or complex projects. The specific payment schedule will be outlined in the quote and agreed upon by both parties before the commencement of work.
6.3. Late Payment Penalties
If a client fails to make payment within the agreed-upon timeframe, Adyson LTD trading as Cura Compliance reserves the right to charge interest on the outstanding balance at a rate of 5% per month, or the maximum rate permitted by law, whichever is lower.
In the event of persistent non-payment, we may suspend or terminate our services and pursue legal action to recover the outstanding fees and any associated costs incurred in the collection process.
Clients are responsible for any bank charges, transfer fees, or other costs associated with making payments to Adyson LTD trading as Cura Compliance. We accept payments via bank transfer, credit card, or other methods as specified in the invoice.
By agreeing to these payment and fee terms, clients help ensure a smooth and mutually beneficial working relationship with Adyson LTD trading as Cura Compliance. We are committed to providing transparent and fair pricing for our services and working with clients to find suitable payment arrangements where necessary.
7. Refund Policy
7.1. Successful Registration Guarantee
Adyson LTD trading as Cura Compliance is committed to providing high-quality consultancy and white paper services to support our clients’ successful registration with the relevant regulatory bodies, such as the Care Quality Commission (CQC) in England, the Care Inspectorate in Scotland, and Ofsted in England.
While we strive to ensure that our services contribute to a successful registration outcome, we cannot guarantee success due to factors beyond our control, such as the specific circumstances and operations of the client organization, the accuracy and completeness of information provided to us, and the final decisions made by the regulatory authorities.
7.2. Conditions for Refund Eligibility
Clients may be eligible for a refund of fees paid to Adyson LTD trading as Cura Compliance under the following limited circumstances:
a. If Adyson LTD trading as Cura Compliance fails to deliver the agreed-upon services or deliverables as outlined in the scope of work, and such failure is not remedied within a reasonable time after written notification from the client.
b. If Adyson LTD trading as Cura Compliance provides services or deliverables that are materially deficient or do not meet the professional standards reasonably expected for such services, and such deficiencies are not corrected within a reasonable time after written notification from the client.
Refunds will not be provided for situations where the unsuccessful registration outcome is due to factors outside of Adyson LTD trading as Cura Compliance’s control, including but not limited to:
a. Inaccurate, incomplete, or misleading information provided by the client.
b. Failure of the client to implement the recommendations or advice provided by Adyson LTD trading as Cura Compliance.
c. Changes in the client’s circumstances, operations, or regulatory compliance status that were not disclosed to Adyson LTD trading as Cura Compliance during the course of the engagement.
d. Decisions or actions taken by the regulatory authorities that are inconsistent with the guidance or expectations provided by Adyson LTD trading as Cura Compliance based on the information available at the time of service delivery.
7.3. Refund Process
To request a refund, clients must submit a written request to Adyson LTD trading as Cura Compliance within 30 days of the completion of the services or the notification of an unsuccessful registration outcome, whichever is earlier. The request should include a detailed explanation of the grounds for the refund and any supporting documentation.
Adyson LTD trading as Cura Compliance will review the refund request and respond within 14 days of receipt. If a refund is deemed appropriate, we will process the refund within 30 days of our response. Refunds will be issued using the same payment method as the original transaction.
If Adyson LTD trading as Cura Compliance determines that a refund is not warranted based on the conditions outlined in this policy, we will provide a written explanation of our decision to the client.
By providing a clear and fair refund policy, Adyson LTD trading as Cura Compliance aims to ensure client satisfaction and confidence in our services. We are committed to working closely with clients to address any concerns or issues that may arise during the course of our engagement.
8. Limitation of Liability
8.1. Scope of Liability
Adyson LTD trading as Cura Compliance shall be liable only for direct damages resulting from our negligence, willful misconduct, or breach of these Terms and Conditions. We shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunity, or reputational harm, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or in connection with our services, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount of fees paid by the client to Adyson LTD trading as Cura Compliance for the specific services giving rise to the claim in the preceding 12 months.
8.2. Exclusion of Certain Damages
In no event shall Adyson LTD trading as Cura Compliance be liable for any damages or losses arising from:
a. The client’s failure to provide accurate, complete, and up-to-date information.
b. The client’s misinterpretation, misuse, or unauthorized modification of our deliverables or advice.
c. The client’s non-compliance with applicable laws, regulations, or standards.
d. Any decisions, actions, or omissions made by the client or any third party in reliance on our services or deliverables.
Adyson LTD trading as Cura Compliance does not guarantee any specific outcomes or results from the use of our services, including successful registration with regulatory bodies or compliance with regulatory requirements. The client acknowledges that regulatory compliance is an ongoing process that requires continuous effort and vigilance on the part of the client organization.
8.3. Force Majeure
Adyson LTD trading as Cura Compliance shall not be liable for any delays, failures, or breaches in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, riots, wars, terrorism, governmental actions, power failures, internet outages, or other force majeure events.
In the event of a force majeure occurrence, Adyson LTD trading as Cura Compliance shall make commercially reasonable efforts to resume performance as soon as practicable. However, if the force majeure event persists for more than 30 days, either party may terminate the engagement upon written notice to the other party.
By agreeing to this limitation of liability, clients acknowledge the inherent risks and uncertainties involved in regulatory compliance and the complex nature of the services provided by Adyson LTD trading as Cura Compliance. We strive to deliver high-quality services and advice but cannot guarantee infallible results in an ever-changing regulatory landscape.
9. Termination
9.1. Termination by Either Party
Either Adyson LTD trading as Cura Compliance or the client may terminate the engagement at any time, with or without cause, by providing written notice to the other party. The termination shall be effective upon receipt of the written notice or at a later date specified in the notice.
In the event of termination by the client, the client shall pay Adyson LTD trading as Cura Compliance for all services performed and expenses incurred up to the effective date of termination. Any prepaid fees for services not yet rendered shall be refunded to the client on a pro-rata basis.
In the event of termination by Adyson LTD trading as Cura Compliance, we shall make reasonable efforts to transfer any work-in-progress or deliverables to the client in a timely manner, subject to the client’s payment of all outstanding fees and expenses.
9.2. Consequences of Termination
Upon termination of the engagement, the client shall immediately cease using any deliverables or materials provided by Adyson LTD trading as Cura Compliance, except as expressly permitted under these Terms and Conditions or any separate licensing agreement.
The provisions of these Terms and Conditions that by their nature should survive termination, including but not limited to confidentiality, intellectual property rights, limitation of liability, and governing law, shall remain in effect after the termination of the engagement.
Termination of the engagement shall not relieve either party of any obligations or liabilities accrued prior to the effective date of termination. Any outstanding payments owed by the client to Adyson LTD trading as Cura Compliance shall become immediately due and payable upon termination.
In the event of a material breach of these Terms and Conditions by either party, the non-breaching party may terminate the engagement immediately upon written notice to the breaching party. The breaching party shall have an opportunity to cure the breach within 14 days of receipt of the notice, failing which the termination shall take effect.
By providing clear termination provisions, Adyson LTD trading as Cura Compliance aims to ensure a smooth and orderly conclusion to our engagements, while protecting the rights and interests of both parties. We are committed to working with clients to resolve any issues or concerns that may arise during the course of our engagement and to facilitate a seamless transition in the event of termination.
10. Governing Law and Jurisdiction
10.1. Applicable Law
These Terms and Conditions and any disputes arising out of or in connection with our services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions or any transactions contemplated herein.
10.2. Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or our services, the parties shall first attempt to resolve the matter through good faith negotiations.
If the parties are unable to resolve the dispute through negotiation within 30 days of the initial notice of the dispute, either party may refer the matter to mediation. The mediation shall be conducted by a mutually agreed-upon mediator in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR) or another recognized mediation organization.
If the dispute remains unresolved after mediation, either party may initiate legal proceedings in the courts of England and Wales. The parties hereby submit to the exclusive jurisdiction of the English courts for the resolution of any disputes arising out of or in connection with these Terms and Conditions or our services.
Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
The prevailing party in any legal action or proceeding shall be entitled to recover its reasonable legal fees and costs, including attorney’s fees, expert witness fees, and court costs, from the non-prevailing party.
By agreeing to these governing law and jurisdiction provisions, clients acknowledge that any disputes or claims related to our services will be subject to the laws of England and Wales and the exclusive jurisdiction of the English courts. We believe that this provides a clear and predictable framework for resolving any legal issues that may arise in the course of our engagement.
11. Miscellaneous
11.1. Entire Agreement
These Terms and Conditions, together with any quotations, invoices, or other documents incorporated by reference, constitute the entire agreement between Adyson LTD trading as Cura Compliance and the client with respect to our services. These Terms and Conditions supersede all prior or contemporaneous negotiations, representations, understandings, or agreements, whether written or oral, regarding the subject matter hereof.
In the event of any conflict or inconsistency between these Terms and Conditions and any other documents, the provisions of these Terms and Conditions shall prevail, unless expressly stated otherwise in writing signed by both parties.
11.2. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. The parties shall endeavor to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid provision.
11.3. Amendments and Waivers
No amendment, modification, or waiver of any provision of these Terms and Conditions shall be effective unless it is in writing and signed by both parties. Any waiver of a breach of these Terms and Conditions shall not be deemed a waiver of any subsequent breach or default.
11.4. Assignment
Neither party may assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Adyson LTD trading as Cura Compliance may assign its rights and obligations to a successor entity in the event of a merger, acquisition, or sale of substantially all of its assets.
11.5. Independent Contractor
Adyson LTD trading as Cura Compliance is an independent contractor and not an employee, agent, partner, or joint venturer of the client. We shall have sole control over the manner and means of providing our services, subject to the client’s reasonable instructions and requirements.
11.6. Notices
Any notices required or permitted under these Terms and Conditions shall be in writing and delivered by email, hand delivery, or certified mail to the addresses provided by the parties. Notices shall be deemed effective upon receipt or, in the case of email, upon transmission unless the sender receives a notification of non-delivery.
By agreeing to these miscellaneous provisions, clients can be assured that these Terms and Conditions form a comprehensive and binding agreement between the parties, while also providing flexibility to address any unforeseen issues or changes that may arise during the course of our engagement.