Terms & Conditions

1. Interpretation

1.1 In these Conditions:

• "Company" means Fire Log Book Ltd registered in England & Wales (Company No. 15730474) whose registered office is at 3 Crookesbroom Avenue, Hatfield, Doncaster, United Kingdom, DN7 6JQ.
• "Customer" means the person, firm or company purchasing Services from the Company.
• "Contract" means the contract between the Company and the Customer for the supply of Services.
• "Services" means the services supplied by the Company as described in the Order.
• "Order" means the Customer's order for Services.

1.2 A reference to legislation is a reference to that legislation as amended or re-enacted.

2. Basis of Contract

2.1 These Conditions apply to all contracts between the Company and the Customer to the exclusion of any other terms.

2.2 The Order constitutes an offer by the Customer to purchase Services subject to these Conditions.

2.3 The Contract is formed when the Company confirms acceptance of the Order in writing.

2.4 Any quotation is valid for 30 days unless otherwise stated.

3. Supply of Services

3.1 The Company shall supply the Services with reasonable care and skill in accordance with the Supply of Goods and Services Act 1982.

3.2 The Company shall use reasonable endeavours to meet any performance dates but such dates are estimates only.

3.3 The Company may amend the Services where necessary to comply with applicable law or regulatory requirements.

4. Customer Obligations

4.1 The Customer shall:

• Provide accurate and complete information.
• Obtain and maintain all necessary licences and permissions.
• Co-operate with the Company.
• Comply with all applicable laws and regulations.

4.2 If the Company's performance is prevented or delayed by the Customer, the Company may suspend Services and recover reasonable costs incurred.

5. Fees and Payment

5.1 Fees are as set out in the Order or proposal.

5.2 Unless otherwise stated, all prices are exclusive of VAT.

5.3 Payment terms: [e.g. 30 days from invoice date].

5.4 If payment is not made by the due date, the Company may:

• Charge interest under the Late Payment of Commercial Debts (Interest) Act 1998;
• Suspend Services;
• Recover reasonable debt recovery costs.

6. Intellectual Property

6.1 All Intellectual Property Rights in materials produced by the Company remain the property of the Company unless otherwise agreed in writing.

6.2 The Customer is granted a non-exclusive, non-transferable licence to use deliverables for internal business purposes only.

6.3 The Customer shall not copy, modify, distribute or resell materials without written consent.

7. Confidentiality

7.1 Each party shall keep confidential all technical or commercial information disclosed by the other.

7.2 Confidential information shall not be disclosed except:

• To employees or professional advisers; or
• As required by law.

7.3 This clause survives termination of the Contract.

8. Data Protection

8.1 Each party shall comply with the UK GDPR and the Data Protection Act 2018.

8.2 Where the Company processes personal data on behalf of the Customer, the parties shall enter into a separate Data Processing Agreement.

9. Limitation of Liability

9.1 Nothing in these Conditions limits liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any liability that cannot legally be limited.

9.2 Subject to clause 9.1, the Company's total liability shall not exceed the total fees paid by the Customer in the 12 months preceding the claim.

9.3 The Company shall not be liable for:

• Loss of profits;
• Loss of business;
• Loss of anticipated savings;
• Indirect or consequential loss.

10. Term and Termination

10.1 The Contract continues until completion of the Services or termination under this clause.

10.2 Either party may terminate with 30 days' written notice.

10.3 The Company may terminate immediately if:

• The Customer fails to pay;
• The Customer becomes insolvent;
• The Customer commits a material breach.

10.4 On termination, all outstanding invoices become immediately due.

11. Force Majeure

The Company shall not be liable for failure to perform due to events beyond its reasonable control including acts of God, fire, flood, war, strikes, or governmental action.

12. Assignment

The Customer shall not assign its rights without prior written consent.

13. Notices

Notices must be in writing and delivered by hand, recorded delivery, or email to the addresses specified in the Contract.

14. Entire Agreement

The Contract constitutes the entire agreement between the parties and supersedes all prior agreements.

15. Severance

If any provision is found invalid or unenforceable, it shall be deemed modified or deleted without affecting the remainder of the Contract.

16. Governing Law and Jurisdiction

This Contract shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.

17. Internet and Connectivity

17.1 The Company shall use reasonable endeavours to ensure availability of the Services but does not guarantee uninterrupted or error-free operation.

17.2 The Company shall not be liable for any failure or delay in performance of the Services caused by:

• Internet service outages;
• Telecommunications failures;
• Cloud hosting provider failures;
• Power interruptions;
• Customer-side hardware or network issues;
• Third-party software failures.

17.3 Access to the Services may be suspended temporarily for maintenance, upgrades, or emergency security work.

18. Cyber Security and Unauthorised Access

18.1 The Company shall implement reasonable technical and organisational measures to protect the integrity and security of Customer data.

18.2 The Company shall not be liable for loss, damage, corruption, or disclosure of data caused by:

• Cyber attacks;
• Hacking;
• Malware or ransomware;
• Phishing attacks targeting the Customer;
• Unauthorised access resulting from weak passwords or failure by the Customer to maintain secure credentials.

18.3 The Customer is responsible for:

• Maintaining secure login credentials;
• Restricting access to authorised personnel;
• Implementing appropriate internal cyber security practices.

18.4 Nothing in this clause excludes liability where loss arises directly from the Company's proven negligence.

19. Data Accuracy and Customer Input

19.1 The Company provides a digital record-keeping platform only.

19.2 The Customer is solely responsible for:

• The accuracy of all information entered into the system;
• Uploading correct documentation;
• Ensuring data reflects true compliance status;
• Maintaining accurate fire safety records.

19.3 The Company shall not be liable for any loss, regulatory action, enforcement action, or penalty arising from:

• Incorrectly inputted data;
• Failure to upload required documents;
• Failure to maintain records;
• Reliance on inaccurate information entered by the Customer.

19.4 The Company does not independently verify the accuracy or completeness of data entered by the Customer unless expressly agreed in writing.

20. Falsification or Manipulation of Records

20.1 The Customer acknowledges that the integrity of compliance records is the responsibility of the Responsible Person (as defined under the Regulatory Reform (Fire Safety) Order 2005).

20.2 The Company shall not be liable for:

• Deliberate falsification of records;
• Backdating of entries;
• Uploading fraudulent documentation;
• Alteration of data by authorised or unauthorised users within the Customer's organisation.

20.3 Where the Company reasonably suspects fraudulent activity or falsification, it reserves the right to:

• Suspend access to the system;
• Preserve audit logs;
• Report suspected criminal conduct to appropriate authorities.

20.4 Audit trails generated by the system reflect system activity only and do not constitute legal certification of compliance.

21. Regulatory Responsibility

21.1 The Services are a digital compliance support tool and do not replace:

• Fire risk assessments;
• Professional fire safety advice;
• Legal advice;
• The statutory duties of the Responsible Person.

21.2 The Customer remains fully responsible for compliance with:

• The Regulatory Reform (Fire Safety) Order 2005;
• The Building Safety Act 2022;
• Any other applicable legislation.

22. Subscription Fees and Refunds

22.1 The Customer may cancel its subscription within 30 days of the commencement date of the Services by providing written notice to the Company.

22.2 Following the expiry of the initial 30-day period, all subscription fees and payments shall be non-refundable.

22.3 The Customer acknowledges and agrees that, upon cancellation or termination of the Services, the Company may incur administrative, technical, and data management costs associated with:

• Account closure;
• Removal or archiving of uploaded records;
• System housekeeping;
• Storage management;
• Compliance-related audit trail retention;
• Database maintenance and clean-up procedures.

22.4 Any retained subscription payments following the initial 30-day period shall be deemed a reasonable administration fee contributing towards such operational and administrative costs.

Liability Cap

The Company's total aggregate liability arising under or in connection with the Contract shall not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim.