School Risk Assessment don't have to be complicated…

What our customers say…

  • Woodfield Primary School
    My position as Office Manager requires me to produce and update risk assessments for a whole range of school based activities; a task that is becoming more and more time read more >

  • A Wright | Plover Primary School
    As Acting Head Teacher at Plover Primary School in Doncaster I was asked if I would trial a new website dealing with the ever increasing demand of producing school risk read more >

  • Adwick Washington Infant School
    The system was easy to use and the risk assessments were already written. Whenever we needed advice or guidance, there was always someone on the other end of the phone to help. read more >

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Terms & Conditions of Service

1. Definitions
1.1 “SRA” shall mean Diamond Safety Management Limited t/a School Risk Assessments its successors and assigns or any person acting on behalf of and with the authority of Diamond Safety Limited t/a School Risk Assessments.
1.2 “Customer” shall mean the person or entity described as such on the invoices, customer information form, quotation, or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Content” shall mean all information, data, text, software, photographs, pictures, trademarks, graphics or other materials made available via SRA’s Site (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by SRA to the Customer and are as described on the invoices, quotation or any other forms as provided by SRA to the Customer and includes any advice or recommendations (and where the context so permits any supply of Content as defined above).
1.6 “Site” shall mean SRA’s web site which allows the Customer to access the Services.
1.7 “Price” shall mean the cost of the Services as agreed between SRA and the Customer subject to clause 3 of this contract.

2. Acceptance
2.1 Any instructions received by SRA from the Customer for the supply of Services and/or the Customer’s acceptance of Services supplied by SRA, and/or the Customer logging onto the Site shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of SRA.
2.4 The Customer shall give SRA not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s contact details or business practice. The Customer shall be liable for any loss incurred by SRA as a result of the Customer’s failure to comply with this clause.
2.5 The Customer agrees to provide true, accurate, current and complete information, as prompted by SRA’s registration system. If the Customer provides any information which is untrue, inaccurate, not current or incomplete, or SRA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SRA has the right to suspend or terminate the Customer’s account and refuse any and all current or future supply of the Services (or any portion thereof).
2.6 Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new SRA properties, shall be subject to these Terms and Conditions.

3. Price And Payment
3.1 At SRA’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by SRA to the Customer in respect of Services supplied; or
(b) SRA’s current Price at the date of delivery of the Services according to SRA’s Site; or
(c) SRA’s quoted Price (subject to clause 3.2) which shall be binding upon SRA provided that the Customer shall accept SRA’s quotation in writing within thirty (30) days.
3.2 SRA reserves the right to change the Price in the event of a variation to SRA’s quotation.
3.3 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
3.4 Payment shall be due before commencement of the Services.
3.5 Payment will be made by cheque, bank transfer (BACS), or by any other method as agreed to between the Customer and SRA. Receipt by SRA of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.6 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery of Services
4.1 At SRA’s sole discretion delivery of the Services shall take place when the Customer takes possession of the Services at SRA’s Site.
4.2 The Customer is responsible for obtaining access to the Site, and that access may involve third party fees (such as internet service provider or airtime charges). The Customer is responsible for those fees and is responsible for all equipment necessary to access the Site.
4.3 The failure of SRA to deliver shall not entitle either party to treat this contract as repudiated.
4.4 SRA shall not be liable for any loss or damage whatever due to failure by SRA to deliver the Services (or any of them) promptly or at all.

5. Risk
5.1 The Customer acknowledges and agrees that the Services are provided "as is" and that SRA assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings.
5.2 The Customer acknowledges that SRA offers no guarantee on any Content created by SRA, or submitted to SRA. The Customer shall bear all risk associated with the use of any Content submitted by SRA, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. Customer Responsibilities
6.1 The Customer shall ensure only trained and competent users access the Site and only trained and competent users shall utilise the Content on the Site.
6.2 While SRA shall make all reasonable endeavours to ensure the accuracy of the Content, the Customer shall assume full responsibility for making use of the Content.
6.3 The Customer is not authorised to access SRA’s computer systems or networks for any purpose other than to use the Services in accordance with these Terms and Conditions.
6.4 The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content or Services, use of the Content or Services, or access to the Site.
6.5 When using particular Services, the Customer shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
6.6 The Customer shall only disclose any logon information to any personnel associated with the Customer. Where any logon information is disclosed to a third party (howsoever caused) and that third party accesses the Site, the Customer shall be liable for the charges associated with the third party accessing the Site.

7. SRA Conduct
7.1 The Customer acknowledges and agrees that SRA may preserve Content and may also disclose Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; or
(b) enforce the Terms and Conditions; or
(c) protect the rights, property, or personal safety of SRA, its users and the public.
7.2 The Customer acknowledges that SRA:
(a) has no responsibility or liability for the deletion or failure to store any information or other Content stored on the Site; and
(b) at their sole discretion, reserves the right to log off accounts that are inactive for an extended period of time.
7.3 SRA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Content (or any part thereof). The Customer agrees that SRA shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Services.

8. Errors and Omissions
8.1 The Customer shall inspect the Services on delivery and shall within seven (7) days notify SRA of any alleged defect, error, omission or failure to comply with the description or quote. The Customer shall afford SRA an opportunity to inspect the Services within a reasonable time following delivery if the Customer believes the Services are defective in any way. If the Customer shall fail to comply with these provisions the Services shall be presumed to be free from any defect. For defective Services, which SRA has agreed in writing that the Customer is entitled to reject, SRA’s liability is limited to replacing the Services.

9. Intellectual Property
9.1 Where SRA has designed, developed or written Content, then the copyright in the Content shall remain vested in SRA.
9.2 The Customer shall not copy any Content nor distribute any Content to any third party.

10. Default & Consequences of Default
10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
10.2 SRA may charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
10.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify SRA from and against all costs and disbursements incurred by SRA in pursuing the debt including legal costs on a solicitor and own Customer basis and SRA’s collection agency costs.
10.4 Without prejudice to any other remedies SRA may have, if at any time the Customer is in breach of any obligation (including those relating to payment), SRA may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. SRA will not be liable to the Customer for any loss or damage the Customer suffers because SRA exercised its rights under this clause.
10.5 If any account remains overdue after thirty (30) days then an amount of ₤20.00 shall be levied as an administration fee and shall be levied for each month that the account remains overdue, which sums shall become immediately due and payable.
10.6 Without prejudice to SRA’s other remedies at law SRA shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to SRA shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to SRA becomes overdue, or in SRA’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

11. Security And Charge
11.1 Despite anything to the contrary contained herein or any other rights which SRA may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to SRA or SRA’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that SRA (or SRA’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should SRA elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify SRA from and against all SRA’s costs and disbursements including legal costs on a solicitor and own Customer basis.
(c) The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint SRA or SRA’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 10.

12. Cancellation
12.1 SRA may cancel these terms and conditions or cancel delivery of Services at any time before the Services are delivered by giving written notice. On giving such notice SRA shall repay to the Customer any sums paid in respect of the Price. SRA shall not be liable for any loss or damage whatever arising from such cancellation.
12.2 Once the Customer has logged onto the Site for the first time, no cancellation of the Services by the Customer shall be permitted.
12.3 In the event that the Customer cancels delivery of Services prior to logging onto the Site for the first time, the Customer shall be liable for any loss incurred by SRA (including, but not limited to, any loss of profits) up to the time of cancellation.

13. Data Protection Act 1998
13.1 The Customer and the Guarantor/s (if separate to the Customer) authorises SRA to:
(a) collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
(b) to disclose information about the Customer, whether collected by SRA from the Customer directly or obtained by SRA from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer on publicly accessible credit reporting databases.
13.2 SRA may also use information about the Customer to monitor and analyse its business. In this connection the Customer authorises SRA to disclose personal information to agents or third parties engaged by SRA.
13.3 The Customer consents to the transfer of information outside of the European Economic Area for the purposes listed above.
13.4 Where the Customer is an individual the authorities under (clause 10) are authorities or consents for the purposes of the Data Protection Act 1998.
13.5 The Customer shall have the right to request SRA for a copy of the information about the Customer retained by SRA and the right to request SRA to correct any incorrect information about the Customer held by SRA.

14. Limitation of Liability
14.1 SRA shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Customer or any third party arising out of a breach by SRA of these terms and conditions.
14.2 In the event of any breach of this contract by SRA the remedies of the Customer shall be limited to damages and SRA’s liability (if any) whether in contract, tort or otherwise in respect of any defect in the Services, or for any breach of these terms and conditions, or of any duty owed to the Customer in connection with them shall be limited to the amount of the Price.
14.3 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict SRA's liability to any person for death or personal injury to that person resulting from SRA's negligence.

15. Customer’s Disclaimer
15.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by SRA and the Customer acknowledges that the Services are bought relying solely upon the Customer’s skill and judgment.

16. General
16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England and Wales.
16.3 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by SRA.
16.4 SRA may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
16.5 SRA reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which SRA notifies the Customer of such change. Except where SRA supplies further Services to the Customer and the Customer accepts such Services, the Customer shall be under no obligation to accept such changes.
16.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.


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