Food Consultancy Terms and Conditions
Improve and maintain a food hygiene rating of 5
Our terms and conditions including service agreement
1. The terms
1.1. What these terms cover. These are the terms and conditions on which we supply services to you. Please read these terms carefully before you submit your request for our services.
2. Information about us and how to contact us
2.1. Who we are. We are the London Borough of Redbridge (the Council) and our address is, Civic Pride, Consumer Protection and Licensing Service, Environmental Health, Lynton House, 255-259 High Road, Ilford, IG1 1NY
2.2. How to contact us. You can contact us by telephoning our customer contact centre on 020 8554 5000 or by writing to us at food.safety@redbridge.gov.uk or the address above.
2.3. How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you have provided to us when you have made a request for service.
2.4. Definitions “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will agree to provide the services you have requested. On receipt of your registration by post or email we will endeavour to acknowledge receipt within three working days by telephone or email. This contact will normally be made by the Food Safety Consultant who will advise you that we agree to provide you with the services that you have requested or that we are unable to. An assessment of the required
service and the time it will take to provide it can be made over the phone you will be given a quote for the service (calculated against the hourly rate payable) during the call and sent confirmation of the cost for the service (by email or by post). The minimum charge for any services provided will be for two hours.
Where you have been referred to the consultant by an Environmental Health officer. The consultant will contact you by phone or by email to discuss providing the service.
If we are requested to visit your premises out of hours, that is before 8am and after 6pm on a business day and on weekends, an out of hours fee will be payable.
If you agree the costs as advised by the consultant you are required to make payment in full before the services are provided. Where payment is made by cheque, payment is only received when the funds clear into our bank account. Once you have made payment a contract will exist between you and us on the terms set out in this document.
3.2. Outside the London Borough of Redbridge. Our services are intended to be provided within the London Borough of Redbridge. Where we are requested to provide services outside the borough we charge additional fees for travelling calculated at £70/hour plus 45p/mile (or public transport costs and accommodation with prior agreement as appropriate) as well as any out of hours rate that may apply.
4. Our services
4.1. The services. Our services comprise the provision of advice to assist you to comply with the relevant food standards, food safety and hygiene and health and safety legislation. This may include the inspection of your premises and where appropriate the provision of a written report on the actions you need to take to comply.
5. Providing the services
5.1. When we will provide the services. The service will be provided on the location, date and time you agreed with the Food Safety Consultant. Depending on the nature of the service requested, if the service can be provided without visiting a premise we will provide the service by a date agreed with you.
5.2. Delays by us in providing the services. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for minor delays caused by the event but in the event of a substantial delay you can elect to cancel the contract and obtain a refund or agree to continue with the contract. If you elect to cancel you will be entitled to a full refund for any services you
have paid for but not received. If you agree to continue but later change your mind and wish to cancel, the provisions of clause 7.2 will apply.
5.3. If you do not allow us access to provide services. If we are unable to provide the services as a result of something you have done, for example if you do not allow us access to your premises to perform the services as arranged (and you do not have a good reason for this) you may have to pay again if you still require the services.
5.4. What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you. The information we require will be outlined to you when you make a request for the service. If during the provision of the services we require any additional information from you we will request this information from you. A delay or failure on your part to provide the additional information within a reasonable time may result in a delay or inability to provide the services. If you still require the services we may make an additional charge of a reasonable sum to compensate us for any extra work that is required. We will not be responsible for providing the services late or any part of them or not at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. Changes to the services
6.1. Your rights to make changes. If you wish to make a change to the services, including rescheduling a visit, please contact us at which point we will discuss the changes you require, whether this is possible and if there are any additional charges.
6.2. Our rights to make changes. We may change the services to reflect changes in relevant laws and regulatory requirements, to accommodate unexpected demands on our services or because of unforeseen events. If any changes affect you we will notify you.
7. Ending the contract
7.1. You can always end the contract before the services have been provided. You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
7.2. Ending the contract on notice by you. Should you elect to cancel the contract, provided no services have been provided you will be entitled to a full refund of any fees you have paid. Where we have already commenced the provision of the services and spent time on your matter, but not including any initial assessment visit, we shall be entitled to retain 50% of the total fee as payment for our time spent on your matter and as compensation for the loss of income we will incur as a result of your ending
the contract on such short notice. The balance will be refunded to you.
7.3. We may end the contract and claim compensation if you break it. Where we are unable to or are prevented from providing the services for reasons attributable to you, we may end the contract and retain the fees you have paid as compensation for the time spent on your matter. Should you still require the services you will have to register and pay for the services again.
7.4. We may stop providing the services. In the event we stop providing the services for any reason we will let you know in advance of doing so and will refund any sums you have paid for services not provided.
8 How to end the contract with us
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by phoning the customer services number 020 8554 5000 or by e-mailing: food.safety@redbridge.gov.uk or any other number you may have been provided with following registration.
8.2. How we will refund you. You will be refunded by cheque or BACS less any deductions that may be payable. Refunds will take up to 5 days to process and be paid to you.
9. If there is a problem with the services
9.1. How to tell us about problems. If you are not satisfied with the quality or pace at which the service is delivered we would request that you contact us at the earliest opportunity so that the business consultant or his/her Senior Officer can attempt to resolve the matter. If this is not found to be satisfactory then you will have recourse to our official complaints procedure. Details can be found at:
https://www.redbridge.gov.uk/have-your-say/complaints-about-our-services/
You can also contact us on 020 8554 5000 to request the details of the official complaints procedure.
10. Charges
10.1. Where to find the price for the services. The consultant will provide you with a quote for the services you have requested after an assessment on the phone or where necessary after an assessment visit to your premises. On occasion additional charges may be payable should the required services be later found to be more complex or time consuming than originally thought. In such cases you will be advised of any necessary additional charges as early as possible. The minimum charge for any
services provided will be for one hour. The price of the services includes VAT.
10.2. When you must pay and how you must pay. We will only provide you with our services if payment has been received in full. Payment may be made by cheque or by BACS quoting the paying in reference number 9055213. Where payments are made by cheque, we will not provide any services until the funds have cleared into our bank account. A VAT invoice will be forwarded to you acknowledging receipt of your payment.
11. Liability
11.1. We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our failing to use reasonable care and skill while providing our services, but we are not responsible for any loss or damage that is not foreseeable or because you failed to follow advice properly given. Loss or damage is foreseeable if either it is obvious that it will happen or if, both we and you knew it might happen, for example, if you discussed it with us
during a visit to your premises.
11.2. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11.3. Outcome not guaranteed. The provision of our services and the advice given to you does not guarantee that your business will receive an improved food hygiene rating. The rating will be determined only by the assessment at the time of your programmed inspection or requested re-rating visit. While we will provide you with the most appropriate advice, the manner in which it is followed, if at all, is beyond our control. We are therefore unable to accept responsibility for the rating at the time of the
inspection/revisit or any liability for business losses as a result of your rating.
11.4. Enforcement of health regulations. The Environmental Health Service is a regulatory service which is empowered to enforce civil and criminal statutes. We have a duty to investigate any allegations/observations of breaches of such legislation which present
an imminent risk to public health. The provision of any services to you does not prevent the business consultant providing the services from notifying Council enforcement officers of any breaches of the law which present such risks to public health.
12. Use of your personal information
12.1. How we will use your personal information. We will use the personal information you provide to us to:
(i) provide the services;
(ii) to process your payment for such services;
(iii) if you agreed to this when we provided the services to you, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
12.2. We will only give your personal information to third parties where the law either requires or allows us to do so. We draw your attention to the fact that we are subject to disclosure obligations under the Freedom of Information Act 2000 and unless the information being requested is exempt from disclosure under the provisions of the Act we shall be obliged to disclose the information that has been requested.
13. Miscellaneous terms
13.1. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4. The laws that apply to this contract and legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
