Conditions of Use

 

This “Traded Services for Schools” website sets out the extensive range of traded services for schools and colleges provided by the London Borough of Haringey. 

 

You will find all our service information presented in a consistent format to enable quick and easy reference. 

 

Each service description includes the following elements: 

  • Key service features, with details of the packages we offer 
  • Benefits to schools 
  • The service standards which we aim to deliver 
  • Indicative statutory services which we support 

 

Our Service Standards 

Service standards, which include measurable outcomes, are included for every service we trade, to ensure that our services are provided to an agreed minimum level and standard. These standards will normally be included in the service contracts with the schools as part of the procurement and booking process. 

It is intended that all of our services will be quality assured, through regular review processes and the use of school surveys, to ensure the effectiveness of our services and the level of customer satisfaction. The outcomes of these steps will be shared with the schools. 

 

The council will aim to maintain effective working relationships with all our schools, responding to your feedback openly and promptly and keeping you informed of any changes which may affect our service delivery. We aim to provide timely and regular updates to our working policies and trading processes. 

Finally, the council would wish to enable sharing of accountability for services which may be performing below expectations. 

Our Statutory Duties 

The council’s statutory duties are clearly set out in respect of each traded service. Clearly, these are not intended to be exhaustive where other services are affected across the council affecting users other than schools. 

 

Our Prices for 2020/2021 and the Basis of Charges 

Our prices are clearly defined within the service elements and published within our online web service. In line with the operating market-place for the delivery of school services, the council’s position is extremely price competitive. 

 

Our prices are valid as advertised from time to time and are intended to cover the year commencing 1st April 2020 to 31st March 2021. 

 

As a guiding principle, the council provides most of its services to schools on a not-for-profit basis; prices are based on the recovery of our costs associated with the delivery of our services and the supporting administration and accommodation support involved with their delivery. The council will keep the viability of services under review and we will keep the website updated on a regular basis with any changes. 

 

Charges are specified for the duration of the service contract commitment period and are normally subject to increases which will normally be in line with the Retail Price Index [RPI] and/or any agreed price variation mechanisms as set out in our annual service offer arrangements. It is our wish that our prices remain market-focused and competitive for all our customers, whilst supporting the council in fair recovery in the costs of delivering these services. 

 

We are able to look at longer-term commitments in the future where it will support improvements in our ongoing services and the more efficient planning of resources. More flexible pricing arrangements would normally be available for longer-term school supply commitments. We may introduce changes to our services from time to time to reflect longer-term service commitments on request and in the meantime we would ask that you raise such matters with the service team affected in the first instance. 

 

We are able to offer plans to accommodate schools which may wish to purchase around the school academic year, with options for procurement from April 2020 until March 2021 and by separate arrangement from September 2020 through to August 2021 to better reflect the school academic calendar.  

 

Performance Issues 

Where for any reason our services do not fully meet the agreed standard or if the council is unable to deliver the expected services, we would normally expect to resolve emerging issues in the first instance by negotiation with our service teams. Our service teams will normally operate mechanisms to resolve performance issues affecting service standards and in the event of being unable to come to agreement then the contract may be terminated earlier than the committed term. 

Billing Details 

Billing for services normally takes place on a regular basis through the year. For contracts operating on a full year cycle, the billing periods are planned to charge in set monthly periods, before Christmas and then up to February 2021. All accounts should be settled by March 2021. A final invoice process will be undertaken in March 2021. 

 

Invoicing information will be school-specific and will contain a breakdown of the charges arising. Where possible, it is intended that school billing will be included with composite charges for annual and termly commitments. For specific training courses and ad-hoc services, invoicing will normally apply on a similar basis as required from time to time. 

 

Itemised Billing is provided online as part of the website process. Invoice details can be found under 

“Services”/ “Manage My Services”/ “Billing Statement” [list]. 

Simply select the invoice(s) required and a detailed school statement will be provided on request. This can be filed or printed as needed. 

 

The council operates centralised cash management processes which will apply to the payment of all council-maintained schools billed services and where schools make arrangements to operate a council bank account it will be normal for council banking arrangements to apply for the full range of services billed. This would normally follow the council drip-feed funding arrangements. 

 

Services to academies and stand-alone trading partners will normally be subject to applicable VAT at the rates in force at the date of invoice. Our normal settlement terms are 30 days. 

 

Customer Feedback 

Customer feedback is valued as an essential part of developing high quality services reflecting the needs of our customers and responsive to changes in market requirements. 

 

We will ask that you let us know when you are happy with the services which we provide and where things do not match the high standards we expect. We would wish to learn from our trading experience and make ongoing improvements in our standards and quality of delivery. 

 

Complaint Procedures 

If you feel you have concerns about the quality of any other operational aspect of service delivery, we would encourage you to contact the service lead directly in the first instance and allow the service to make appropriate response. 

 

If for any reason you feel you need to make a formal complaint, we will take action to ensure that resolution is secured. We will acknowledge a formal complaint within 3 working days and provide a full response within 10 working days after that. Should 

more time be required to complete the resolution of issues, suitable timescales will be agreed with you. If it transpires that the problem cannot be resolved, we will work closely with you to find alternative solutions or different arrangements to better meet your requirements. 

 

In the event of a cancellation of service, separate arrangements will be put in place by our service teams which would normally include consideration for a suitable service transfer, and where appropriate an agreed termination fee. We normally work to a minimum commitment of a complete School Term as notice to withdraw regular annual commitments. 

 

Suitable refunds may be available by negotiation and agreement with each service team, in accord with the level of service commitment and the amount of service applied and used up to the point of cessation; less any appropriate costs incurred by us in arranging for service to cease in line with our normal operational needs and as required to maintain service standards to regulated requirements. Some final termination costs may arise in consequence and we would normally agree a suitable cancellation fee and/or any refund due subject to the particular circumstances with each school. 

 

Our Traded Services Improvement Plan 

Please note that the London Borough of Haringey would always wish to treat each customer fairly and in accordance with the principles set out here. As part of our Traded Services Improvement plans we do wish to engage positively with all school settings whilst reserving the right to modify or otherwise amend our service offer from time to time, in light of emerging priorities. 

We will endeavour to keep schools informed of any service changes as they may arise from time to time. 

 

Our website is subject to ongoing technical development and user enhancements can be expected from time to time as technology and web-based access evolves. We would wish to continue to seek to provide the ongoing development of our Traded Services online portal as and when new features might become available for all of our service teams and school users.



Haringey Traded Services for Schools 

Our SLA Standard Terms and Conditions 

For the Avoidance of Doubt 

If there is any inconsistency between any of the provisions of this SLA agreement and the provisions of the agreement and various site offers as published in the Haringey Traded Services for Schools website from time to time (www.tradedservices.haringey.gov.uk) then the provisions of this agreement shall prevail.” 

  1. Definitions 

1.1. “Agreement” means these terms and conditions. 

Annual Subscription Package” refers to products and services supplied by London Borough of Haringey over the period of one year covering 12 months (1st April to 31st March) or one academic year (1st September to 31st August) as applicable. 

"CPD Training Course" means any continuing professional development training course offered by the London Borough of Haringey and booked or ordered by the school or client customer 

“Site Customer” means the school or client Customer referred to in each Order, A Quote or Price Offer will equate to an agreed price after having been ordered as a required Product or Service. 

Invoices” means Council sales invoices from the London Borough of Haringey sent to the Site Customer for the Price of Products or Services ordered online or otherwise booked as a confirmed order. 

Order” means a confirmed request for Products or Services received by London Borough of Haringey (Haringey Traded Services) from the customer. 

Price” means the amount payable to the London Borough of Haringey for the Products or Services as specified in each Order, A Quote or Price Offer will constitute a confirmed amount to be paid for charging purposes. 

Products or Services” means any products or services ordered by the Site Customer as contained in any Order, Quotation or Price Offer. 

A “Proposal” or “Offer” refers to any service proposal which may form part of this Agreement. 

Quote” means a priced offer given by London Borough of Haringey for the provision of Products or Services to the Site Customer and refers to any Quote attaching to this Agreement by online transaction processing or other means. 

“Calendar Bookings” refers to the agreed delivery patterns and times for a product available online or by other means as agreed with the Site Customer. 

“Haringey Traded Services” is a trading arm of the London Borough of Haringey, whose address is 

River Park House, 225 High Road, Wood Green, London, N22 8HQ. 

  1. Products and Services 

2.1. Haringey Traded Services agrees to supply and the Site Customer agrees to purchase the Products and Services with the terms and conditions as set out in this Agreement and those forming the online checkout process. 

2.2. Haringey Traded Services will endeavour to provide the Products and Services to the Customer in accordance with the defined Order, Quotation or Price Offer. 

  1. Payment 

3.1. The Site Customer agrees to pay the London Borough of Haringey the Price for the Products and Services. 

3.2. Invoices shall be payable by the Site Customer in accordance with the London Borough of Haringey standard billing terms and conditions, as set out on each Invoice. Payments should be made via BACS transfer. Where the Site Customer may wish to pay by cheque, this should be made payable to the ‘London Borough of Haringey’ and sent in accordance with the instructions printed with any Invoice. In certain instances some Site Customers (Haringey Borough schools) may choose to pay their accounts by application of direct cashflow deduction in accordance with the facilities in force from time to time for that service. 

3.3. London Borough of Haringey reserves the right to charge interest (at a rate of 2% per month or as otherwise in force from time to time) calculated on a daily basis from the date payment is due until payment is received. 

3.4. If a Customer has paid for Products and Services that for any reason the London Borough of Haringey may be unable to provide, other than in situations where the Products cannot be provided because of some act, failure to act, delay or negligence on the part of the Customer, the delivery of the product will either be delayed, to such time that Haringey Traded Services can arrange to deliver it or the Customer will be refunded or not charged for the Products. 

3.5. If a Product or Service has been requested by the Customer without a written order and the customer accepts delivery of the requested Product or Service, this will constitute an Order and the Customer will be subject to these terms and conditions and charged for that Product or Service, 

  1. Quotations and Proposals 

4.1. The Customer, by signing the Quotation or Proposal, accepts the Price proposed by London Borough of Haringey for the Products and Services offered and shall be bound to pay that Price. 

  1. The Obligations of London Borough of Haringey 

5.1. Haringey Traded Services will make every endeavour to provide the Products and Services in accordance with the Order, Quotation, Proposal and any other specific requirements that have been agreed between the parties in writing. 

5.2. Should any revisions to the quotation be required, for example because of a necessary change of specification or price, Haringey Traded Services will advise the customer of these revisions and agree the details of the final order before order confirmation is made. 

5.3. Although Haringey Traded Services cannot be responsible for prices changes from equipment and other third party suppliers, they will make every endeavour to advise the customer of any required changes and the impact on the order. 

  1. Delivery 

6.1. Haringey Traded Services shall endeavour to deliver the Products at the time and date and in the manner specified by Haringey Traded Services or as otherwise agreed with the Customer. 

6.2. Haringey Traded Services shall not be liable for any delay in the delivery of the Products howsoever caused. 

6.3. The Products may, by mutual agreement, be delivered in advance of the delivery date quoted on the Order, Quotation or Proposal. 

6.4. Annual Subscription Products delivered by Haringey Traded Services for a financial year basis shall run from 1st April ending 31st March. Annual Subscription Products delivered for an academic year basis shall run from 1st September ending 31st August. Orders for more than one year shall be for multiples of full academic or financial years. Dates shall normally be clearly stated on the Haringey Traded Services school website for review by its customers. 

  1. The Customer’s Obligations 

7.1. The Customer shall provide Haringey Traded Services, in good time, with all necessary information or confirmations required to undertake, perform or provide the Products or Services. 

7.2. The Customer will provide reasonable access to its premises if Haringey Traded Services reasonably requires it for the delivery of the committed Products or Services. 

  1. Modifications and Variations 

8.1. In exceptional circumstances, London Borough of Haringey may need to vary the schedule, content or delivery of the Products or Services and will advise the Customer of its intention to do so. 

8.2. In some instances, individual Products or Services may have discreet terms and conditions applicable to their particular Product or Service. These shall be in addition to the terms and conditions outlined herein. Should there be any conflict between these terms and conditions and the other terms and conditions then the order of precedence will be as stated in the additional terms and conditions. 

  1. Termination/Cancellations 

9.1. Haringey Traded Services sets out clear policies for termination of services or contracts. Either party may cancel any or all of the Products or Services contained in the Order, Quotation or Proposal by giving the other at least one full term written notice. For the avoidance of doubt, this will not be less than 12 weeks. 

9.2. If the Customer gives Haringey Traded Services less than 12 weeks’ notice or cancels part-way through delivery of the Products or Services, it may be liable for the full cost of the Product or Service ordered or charged any costs that Haringey Traded Services incurs as a result of the cancellation, up to the full cost of the identified Product or Service. 

9.3. In the event that London Borough of Haringey is unable to supply all or any part of the Products, it shall refund the Customer for that part of the Products it cannot deliver or amend its charge as otherwise agreed with the Customer. 

9.4. If Haringey Traded Services has scheduled Products or Services to take place on the Customer’s site, and the Customer fails to advise London Borough of Haringey of any change in the schedule of those who will be receiving the Products or Services within 48 hours before the Service is due to be carried out or the Products are 

due to be delivered, then those Services or Products shall be deemed to have been delivered and will be charged for by Haringey Traded Services. 

9.5. If delays are caused by the Customer not responding to Haringey Traded Services with suitable delivery times to enable a delivery to be made, London Borough of Haringey may either extend the time in which delivery of the order can be fulfilled, and if no further action is taken after an extension of time is granted, London Borough of Haringey may deem the products to have been delivered and charge accordingly. 

9.6. If a Party is in breach of a material term of this Agreement and despite written notice from the other Party, fails to remedy such breach within 30 days, then the other Party shall be entitled to terminate this Agreement with immediate effect. 

9.7. Haringey Traded Services may cancel all or part of the Products or Services (and may refund a reasonably apportioned percentage of the Price on a quantum meruit basis) if it considers that the usage of the Product or Services exceeds what Haringey Traded Services consider to be fair usage under all the circumstances. 

9.8. Where individual training courses are purchased (either covering CPD training, Health and Safety Training, Governors Training or any other training programme as may be advertised on the Traded Services website from time to time), clauses 9.1, 9.2, 9.3 and 9.4 shall not apply. 

9.9. If the Customer cannot attend a training Course, they shall give no less than 5 days written notice and have the right to defer to another date, subject to availability. Alternatively, a Customer can use the website online booking facility to notify cancellations online up to the date of training course 

9.10. If the customer does not attend a training course or does not give notice as required by clause 9.9, then the Customer may be liable for the full cost of the training course or as otherwise agreed. 

  1. Non-Solicitation of Employees 

10.1. The Customer shall not, for a period of 12 months from the date of delivery of the Products or end date of the Services, (except with the prior written consent of London Borough of Haringey) directly or indirectly solicit or entice away (or attempt to solicit or entice away) from the employment of London Borough of Haringey any employee, worker, consultant, associate or other person involved in the delivery of any Products or Services ordered under this Agreement. 

10.2. The Customer shall not solicit similar Products or Services, as it may have in the past received from London Borough of Haringey, from an employee of the London Borough of Haringey via a private arrangement with that employee. 

10.3. If the Customer breaches clauses 10.1 or 10.2 above, it shall, without prejudice to any other rights or remedies of the Council, on demand, pay to Haringey Traded Services a sum equal to either three months’ basic salary payable by London Borough of Haringey to that employee or worker, or five times the Price for the Product or Services in the case of a consultant or associate plus the recruitment costs incurred by the Council in replacing such person. 

10.4. To help London Borough of Haringey safeguard its intellectual property, we ask the Customer to inform us immediately, should they be approached by former Borough of Haringey employees to provide Products or Services which Haringey Traded Services can or would normally provide. 

  1. Confidentiality 

11.1. The Parties shall keep confidential all information pertaining to the Products and Services and this Agreement, unless otherwise agreed. 

11.2. All information processed under this Agreement shall be dealt with in accordance with London Borough of Haringey information sharing guidance, the common law duty of confidentiality, any guidance from the Information Commissioner’s Office on information sharing, the Data Protection Act 1998 and the Freedom of Information Act 2000. 

  1. Health and Safety 

12.1. Haringey Traded Services and any of its personnel shall, when using the Customer's premises or facilities, comply with the Customer’s policies and procedures relating to security and workplace health and safety. 

  1. Copyright and Intellectual Property 

13.1. Copyright in all reports, documents and the like produced by London Borough of Haringey in the performance or provision of the Products or Services shall remain vested with Haringey Traded Services, but London Borough of Haringey will normally grant an irrevocable, royalty free license to the Customer to use such Goods, reports, documents and the like for the specific purpose of the Products or Services. 

13.2. Any Products or Services which the Customer shall purchase may only be reproduced for non-commercial or training purposes on condition that the Product or Service has been purchased by the school, organisation or individual using it or because that school, organisation or individual has been granted authorisation to use this material by London Borough of Haringey, or by special agreement. For the avoidance of doubt, Products or Services may not be passed-on, resold, amended or delivered to third parties (either for commercial or non-commercial purposes) who have neither purchased the Product or Service from Haringey Traded Services or had the written permission of London Borough of Haringey to use it. 

  1. Dispute Resolution 

14.1. Concerns relating to the Products or Services provided under this Agreement should be raised in writing in the first instance with the service contact person at Haringey Traded Services, whose details can be found in the service and training brochures or on our website www.tradedservices.haringey.gov.uk 

14.2. If the Customer’s concern is not resolved it shall be escalated as set down in our website standard Terms and Conditions. For the avoidance of doubt, any disputes should be formally referred to the London Borough of Haringey Assistant Director (Schools and Learning) to arrange to resolve the matter as soon as possible. 

14.3. Where disputes arise that cannot be settled within the above resolution processes, an option for referral to the Centre for Dispute Resolution may be considered. In this case, any decision shall be final and binding on all parties. 

  1. Limitation of liability 

15.1. Haringey Traded Services will provide and/or perform the Products and Services for the Customer with reasonable skill and care and acknowledges that it may be liable to the Customer for any losses, damages, costs or expenses (“Losses”) if a breach of the duty of care, wilful default or dishonesty is established. 

15.2. London Borough of Haringey will maintain suitable insurance coverage at a level commensurate with an organisation of the Borough’s size and risk profile, and include appropriate cover for employer’s liability and professional indemnity. 

15.3. The aggregate amount of liability of Haringey Traded Services, whether to the Customer or to any third party, in contract, tort or otherwise, for any Losses arising from or in any way connected with the Products shall be limited to a maximum ten (10) times the itemised contract value, or £200,000, whichever is lesser. 

15.4. However, London Borough of Haringey will not be liable if any claimed Losses are due to the Customer providing false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than an employee of the London Borough of Haringey. 

15.5. Haringey Trading Services liability, whether to the Customer or any third party, in contract, tort, under statute or otherwise shall exclude any indirect or consequential loss or damage (including claimed loss of profits) suffered by the Customer or any third party arising from or in connection with the Products or Services being provided. 

  1. General 

16.1. This Agreement constitutes the whole understanding between the parties and supersedes any prior discussions, negotiations, arrangements or agreements between the parties in relation to the Products or Services. 

16.2. The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement. 

16.3. The rights granted to either party under this Agreement shall not be waived except in writing. Any waiver of any of such rights or of any breach of this Agreement by either party shall not be construed as a waiver of any other rights or of any other or further breach. 

16.4. Failure by either party to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. 

16.5. The section headings contained in this Agreement are for convenience purposes only and shall not affect the interpretation of this Agreement. 

16.6. Nothing in this Agreement confers or purports to confer any right pursuant to the Contracts (Right of Third Parties) Act 1999 or otherwise to enforce any of its terms on any person who is not a party to it. 

16.7 All prices listed or shown on the Traded Services website are correct at the time of their being published. However Haringey Traded Services reserve the right to amend prices from time to time. All current and up to date prices are available on the Traded Services for Schools website at www.tradedservices.haringey.gov.uk 

16.8. This Agreement shall be governed and construed in accordance with the laws of England and Wales.