Terms and Conditions
Terms and Conditions for Switch Equine
General Conditions
These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors services, information and educational courses. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, or have permission from legal parent or guardian, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.
1. Duty of Care
As a member of the Chartered Institute of Ecology and Environmental Management (CIEEM) Laura Hobbs, trading as Switch Equine, shall operate within the terms of the Institute’s Code of Professional Conduct and within the law. As such, Laura Hobbs/Switch Equine shall use reasonable skill, care and diligence in the performance of their duties and show care and regard for the environment and their clients.
2. Consultant’s Authority
Laura Hobbs/Switch Equine shall act on behalf of the client as an impartial advisor, investigator or agent in those matters defined in the contract agreement.
3. Professional Standards and Conduct
I. Laura Hobbs, trading as Switch Equine, is a member of CIEEM. All work will be undertaken in accordance with the Institute’s Code of Professional Conduct.
II. To meet standard legislative and local authority requirements, survey reports will normally contain recommendations which will follow industry good practice. These will be based on the professional interpretation of survey results and may also include recommendations in relation to protected species observed on the site other than those for which the survey was commissioned.
III. No responsibility will be accepted for any repercussions arising from a client not carrying out recommendations in full.
IV. Liaison with Responsible Authorities.
It is often necessary, and beneficial to the client, for Laura Hobbs/Switch Equine to discuss details of the approach to and/or results of surveys and other contracts with the responsible authorities (local authorities, Natural England etc.), particularly where planning permission or a protected species licence is required. This helps the consultant determine an application, and therefore this will normally be undertaken on behalf of the client. Where possible this will be discussed with the client in advance; however, on occasion (e.g. where the authority has made contact directly to clarify certain issues) such discussions may be undertaken without further reference to the client, unless expressly instructed not to do so in advance.
4. Wildlife Crime
If the Laura Hobbs/Switch Equine considers a potential wildlife crime has been committed, or believes a crime may be about to be committed, this will be brought to the client’s attention immediately. There are certain circumstances where we will be constrained to notify the relevant authorities if a crime has been committed or is about to be committed. We reserve the right to communicate with the relevant authorities directly at any stage should it be felt that this is necessary in order to report or prevent the commission or continued commission of a crime.
5. Modifications and Revision to Agreement
Any modifications to this agreement that are deemed necessary by either Laura Hobbs/Switch Equine or the client should be notified to the other party at the earliest opportunity. Consent for modifications arising from unforeseen circumstances or factors should not be unreasonably withheld by either party.
6. Insurance Evidence
It shall be the duty of Laura Hobbs/Switch Equine and the client to provide evidence that each holds sufficient and appropriate insurance to meet their respective liabilities in relation to the project.
7. Client Responsibilities
I. Information from the client
The client shall provide Laura Hobbs/Switch Equine with such information as is necessary for the proper performance of the agreed service, in particular any copies of previous ecological surveys undertaken on the site and available to the client. If it is found that such documents, or any other pertinent information, have been withheld without good reason, Laura Hobbs/Switch Equine reserves the right to terminate the contract without notice and to require payment for any expenses incurred.
II. Representatives of the client
The client, if a company or other group of persons, shall be required by Laura Hobbs/Switch Equine to nominate one specific representative for the duration of the project.
8. Intellectual Property
All documents including, without limitation, survey information, text, photographs, drawings, software, images, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and all Intellectual Property Rights related thereto, are the exclusive property of Laura Hobbs, Switch Equine.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
The client recognizes and agrees that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
The client shall be entitled to use documents prepared by the consultant in the execution of this agreement provided that:
I. All fees due to Laura Hobbs/Switch Equine at that stage have been paid
II. The use relates only to the project or part of the project for which the material was prepared
III. Laura Hobbs/Switch Equine shall not be liable for the use of the documents described in this clause for purposes other than those for which they were prepared and provided.
9. Scientific Data
Scientific data collected during the course of the contract will be made available to appropriate biodiversity records centres and kept by Laura Hobbs/Switch Equine in order to better inform future ecological surveys. If a client has any objection to this they must inform Laura Hobbs/Switch Equine in advance in writing.
10. Acceptance of Terms and Conditions
No work will be booked into Laura Hobbs/Switch Equine’s programme nor undertaken until the quoted costs and all terms and conditions have been accepted in writing.
11. Delays and Cancellations
If agreed work dates have to be altered as a result of delays caused by the weather, or by availability of access permissions, or by safety issues, or by any other circumstances outside Laura Hobbs/Switch Equine’s control, the next available date will be programmed, taking into account pre-existing bookings. Laura Hobbs/Switch Equine makes no guarantee that revised work dates can be arranged to meet the original deadlines. Any cancellations resulting from such delays will be subject to an appropriate charge. Work that is curtailed by the client or for other reasons beyond Laura Hobbs/Switch Equine’s control part with through a pre-booked day (e.g. supervisory works) or cancelled at less than 24 hours notice will be charged the full agreed cost.
12. Modification of Agreement
If either party to this agreement considers modifications to the project to be necessary, full details must be provided in writing. If agreement for appropriate modifications cannot be reached within 30 days, dispute procedures may be implemented (see Clause 16).
13. Termination by the Client: Grounds
The length of notice for the termination of all or part of this agreement by Laura Hobbs/Switch Equine shall be as set out in the Schedule. If, after 30 days following notification of suspension of this agreement, Laura Hobbs/Switch Equine has not received instructions from the client, Laura Hobbs/Switch Equine shall make a final, written application for instructions. In the event of no instructions being received by Laura Hobbs/Switch Equine within a further 30 days of the final application, this agreement shall be deemed to have terminated. Compensation as set out in the Schedule may be payable to Laura Hobbs/Switch Equine.
14. Termination by Laura Hobbs/Switch Equine: Grounds
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
15. Death or Incapacity
In the event of death or serious incapacity of a sole practitioner preventing the continuation of this agreement, it shall be deemed to have terminated. As soon as all outstanding fees have been paid, the client shall be entitled to use all data prepared on the project subject to the provisions of Clause 11.
16. Settlement of Disputes
I. By agreement
Differences or disputes arising out of the appointment in relation to professional, ethical or any other matter may be settled by agreement between the parties.
II. By mediation
If agreement cannot be reached, the client or Laura Hobbs/Switch Equine are free to invite a third party to act as mediator.
III. By arbitration
Any difference or dispute arising out of the appointment which cannot be resolved in accordance with either Clause 19i or 19ii shall be referred to arbitration by a person agreed between the parties. If agreement cannot be reached after 14 days, the matter shall be referred by either party to the Chartered Institute of Arbitrators for the appointment of an arbitrator.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Great Britain, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Oxford, Oxfordshire. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
17. Governing Laws
The application of this agreement shall be governed by the laws of the country in which the agreement is implemented. The client and Laura Hobbs/Switch Equine shall comply with all relevant legislation.
18. Limitation
No actions or proceedings for any breach of this agreement shall be commenced against Laura Hobbs/Switch Equine after the expiry of 6 years from the date of the relevant report.
You acknowledge that any advice, derived from this and associated website and the services offered, is of general educational nature only and is not intended to be used as a substitute for professional veterinary, therapeutic, nutritional or behavioural advice.
Product risk is assumed by the client as soon as the item is taken over by the client or his/ her representative.
The client agrees to indemnify and hold Laura Hobbs/Switch Equine harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services provided.
To the maximum extent permitted by applicable law, in no event shall Laura Hobbs/Switch Equine, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Laura Hobbs/Switch Equine, assumes no liability or responsibility for any:
I. errors, mistakes, or inaccuracies of content;
II. personal injury, property damage or expenses, of any nature whatsoever, resulting from your access to or use of our services; or from any information given verbally, via any means of online message or social media, or derived from this and associated website(s) and
III. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
19. Personal Data
Laura Hobbs/Switch Equine is the party responsible for handling collected personal data. Unless the client consents otherwise, Laura Hobbs/Switch Equine may only obtain and store whatever personal data is necessary for them to complete their duties according to the contract. The clients personal data shall only be given to others if this is necessary for Laura Hobbs/Switch Equine to fulfil the contract, or in cases where this is required by law.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Site Work
20. Resident Consultants
Where a requirement for frequent or constant professional supervision is agreed, a resident professional shall be appointed on a full or part time basis by Laura Hobbs/Switch Equine under specific terms of appointment and remunerations.
21. Site Safety
Survey will be undertaken on the basis that the site is in a safe condition. If at any time Laura Hobbs/Switch Equine feels it is unsafe to proceed, work will be terminated until the site can be made safe.
22. Risk Assessment
All work will be subject to risk assessment.
23. Welfare
Where a continued presence on site is required (e.g. supervision of vegetation removal) adequate toilet and hand-washing facilities must be provided or made available.
24. Access Permission
Laura Hobbs/Switch Equine will require full access permission to be arranged. No site survey will commence until all such permissions are confirmed.
Remuneration
25. Costs
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.
Costs are valid for 30 days from the date of the quotation.
I. Any additional meetings or work that may be required will be charged at Laura Hobbs/Switch Equines’ standard daily rate as indicated in the quote.
II. Unless otherwise stated, travel to and from the site is included in the time allocation quoted.
III. Rates are normally reviewed in April each year. Revised rates may therefore apply to work that has been quoted for in one calendar year but is not undertaken until the following calendar year, unless agreed otherwise.
IV. Costs are based on the understanding that appropriate base maps, both in hard copy and suitable electronic format will be supplied free of charge by the client, together with any copyright permissions (e.g. OS licence numbers) needed for their use. If the necessary base maps are not supplied, these will be purchased and the purchase price passed on to the client at cost.
26. Payment Terms
I. Unless otherwise agreed, payment is due on completion of the work and within 30 days of the date of invoice. Reports will not be provided and applications will not be submitted until full and final payment has been received.
II. Laura Hobbs/Switch Equine will exercise their statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if they are not paid according to agreed terms.
When buying an item, the client agrees that:
I. They are responsible for reading the full item listing before making a commitment to buy it:
II. They enter into a legally binding contract to purchase an item when they commit to buy an item and they complete the check-out payment process.
Laura Hobbs/Switch Equine may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.