DSE & ERGONOMIC ASSESSMENT TERMS AND CONDITIONS

TechDisinfect Limited t/a WellbeingandErgonomics

Company Registration Number: 12169233
ICO Registration Number: ZB662507
Registered Office: Manchester, United Kingdom
Website: https://wellbeingandergonomics.co.uk
Email: wellbeingandergonomics@gmail.com

Effective Date: 27.08.2019
Last Updated: 27.08.2026

1. PURPOSE AND APPLICATION

1.1 These DSE & Ergonomic Assessment Terms and Conditions (“Service Terms”) govern the provision of DSE, ergonomic and associated workplace assessment services by TechDisinfect Limited t/a WellbeingandErgonomics (“WellbeingandErgonomics”, “we”, “us” or “our”).

1.2 These Service Terms apply to assessments undertaken remotely, on-site or through another method expressly agreed between the parties.

1.3 By instructing us to undertake an assessment, the Client agrees to these Service Terms.

1.4 These Service Terms should be read together with our:

• General Terms and Conditions;
• Privacy & GDPR Policy;
• Cookie Policy, where relevant;
• Data Protection and Special Category Data procedures;
• Deliveries, Returns and Cancellation Rights Policy, where relevant;
• Website Disclaimer.

1.5 Where a written quotation, proposal or service agreement has been expressly accepted by both parties and contains provisions inconsistent with these Service Terms, the specific written agreement will take precedence to the extent of the inconsistency.

2. DEFINITIONS

For these Service Terms:

“Assessment” means a DSE assessment, ergonomic assessment, workplace assessment or related assessment undertaken by us.

“Assessor” means the appropriately appointed person undertaking the Assessment on behalf of WellbeingandErgonomics.

“Client” means the person, employer, organisation or other entity instructing WellbeingandErgonomics.

“Employee” means the individual whose workstation, working arrangements or ergonomic circumstances are being assessed.

“Report” means the written report, recommendations or other professional output produced following an Assessment.

“Services” means the DSE, ergonomic and related professional services described in the quotation, proposal or service agreement.

“Special Category Data” means personal data falling within the relevant special categories under applicable data-protection legislation, including information concerning health or disability.

3. OUR SERVICES

3.1 We provide professional DSE and ergonomic assessment services designed to identify relevant ergonomic considerations and, where appropriate, provide recommendations concerning:

• workstation configuration;
• desk and chair set-up;
• display-screen equipment;
• keyboard and mouse positioning;
• monitor positioning;
• posture;
• working environment;
• work-related ergonomic factors;
• equipment requirements;
• reasonable workplace adjustments;
• work practices;
• manual-handling or other ergonomic considerations where specifically included within the agreed scope;
• other relevant ergonomic matters.

3.2 The precise scope of an Assessment will depend upon the service purchased and will be specified in the quotation, proposal or agreement where appropriate.

3.3 We reserve the right to decline requests that fall outside our professional competence, agreed scope or available resources.

4. REMOTE ASSESSMENTS

4.1 We may provide Assessments remotely using video-conferencing or other appropriate technology.

4.2 Remote Assessments may be conducted using platforms such as Zoom, Microsoft Teams or Google Meet.

4.3 The Client and/or Employee is responsible for ensuring that:

• appropriate technology is available;
• the internet connection is reasonably reliable;
• the workstation can be viewed sufficiently;
• relevant equipment can be demonstrated;
• the Employee is available at the agreed time;
• the information provided to the Assessor is accurate and complete.

4.4 We cannot be responsible for limitations arising solely from inadequate equipment, poor internet connectivity, restricted camera positioning or inability to view relevant aspects of the working environment.

4.5 Where a remote Assessment cannot reasonably be completed because the necessary information or visual access cannot be obtained, we may recommend a further assessment or alternative method.

5. ON-SITE ASSESSMENTS

5.1 Where an on-site Assessment is agreed, the Client must provide the Assessor with reasonable access to the relevant workplace.

5.2 The Client is responsible for ensuring that the premises are reasonably safe and accessible.

5.3 The Client must notify us in advance of any known circumstances that may materially affect the Assessor’s safety.

5.4 The Assessor may decline or suspend an on-site Assessment where they reasonably believe that the environment presents an unacceptable health or safety risk.

5.5 Any additional travel, accommodation, parking or other expenses will be dealt with in accordance with the quotation or written agreement.

6. CLIENT RESPONSIBILITIES

6.1 The Client must provide accurate, complete and reasonably current information necessary for the Assessment.

6.2 The Client must ensure that the Employee is given sufficient opportunity to participate meaningfully in the Assessment.

6.3 The Client must provide reasonable access to relevant:

• workstation equipment;
• furniture;
• work environment;
• working practices;
• relevant documentation;
• information reasonably required by the Assessor.

6.4 Where recommendations depend upon information supplied by the Client or Employee, the Client acknowledges that inaccurate or incomplete information may affect the Assessment.

7. EMPLOYEE PARTICIPATION

7.1 The Employee should participate honestly and openly in the Assessment.

7.2 The Employee should inform the Assessor of relevant difficulties, limitations or concerns that may reasonably affect the Assessment.

7.3 The Employee is not required to disclose information that is irrelevant to the Assessment.

7.4 Where Special Category Data is necessary for the agreed purpose, it will be handled in accordance with applicable data-protection legislation and our Privacy Policy.

8. HEALTH AND DISABILITY INFORMATION

8.1 In certain Assessments, we may need to collect information concerning an Employee’s health or disability.

8.2 Such information is collected only where reasonably necessary for the purposes of undertaking the agreed Assessment and providing appropriate recommendations.

8.3 Special Category Data will be processed in accordance with:

• UK GDPR;
• Data Protection Act 2018;
• applicable EU GDPR requirements where applicable;
• our Privacy & GDPR Policy.

8.4 Depending upon the circumstances, processing may require an appropriate Article 6 lawful basis and Article 9 condition.

8.5 Where explicit consent is relied upon, appropriate consent will be obtained.

8.6 The Assessor will only access information reasonably necessary for the Assessment.

9. CONFIDENTIALITY OF HEALTH INFORMATION

9.1 Health and disability information will be treated as confidential.

9.2 Assessment reports, correspondence and related documentation may be marked:

“PRIVATE AND CONFIDENTIAL”

9.3 Access will ordinarily be restricted to:

• the authorised Assessor;
• the Employee;
• the Client where appropriate;
• persons to whom the Employee has provided appropriate written consent;
• persons otherwise legally entitled to receive the information.

9.4 We will not knowingly disclose confidential health information to an unauthorised third party except where:

• the individual has provided appropriate consent;
• disclosure is required by law;
• disclosure is necessary to protect vital interests in circumstances permitted by law; or
• another lawful basis applies.

10. DATA SECURITY

10.1 We maintain appropriate technical and organisational measures designed to protect personal and confidential information.

10.2 These measures may include:

• HTTPS/SSL;
• firewall protection;
• malware scanning;
• Wordfence;
• two-factor authentication;
• password protection;
• encrypted databases;
• regular backups;
• restricted staff access;
• secure cloud systems.

10.3 Electronic assessment information will be accessible only to authorised personnel with a legitimate business need.

11. RETENTION OF ASSESSMENT RECORDS

11.1 Assessment information will be retained in accordance with our Data Retention Policy.

11.2 Occupational-health-related assessment records will ordinarily be retained for seven years, unless a different period is required by law, contract, professional requirements or the circumstances of the matter.

11.3 Where information is no longer required, it will be securely deleted or otherwise disposed of in accordance with our records-management procedures.

11.4 The retention period does not prevent an individual exercising applicable data-protection rights.

12. PURPOSE AND LIMITATIONS OF AN ASSESSMENT

12.1 An Assessment is intended to provide an informed ergonomic evaluation based upon the circumstances, information and environment available at the time.

12.2 Recommendations are professional recommendations based upon the information available to the Assessor.

12.3 An Assessment is not necessarily a medical examination or medical diagnosis.

12.4 Unless expressly agreed in writing, we do not provide:

• medical diagnosis;
• medical treatment;
• clinical diagnosis;
• prescription of medication;
• emergency medical services.

12.5 Where an issue appears to require medical assessment, the individual may be advised to seek appropriate medical advice.

13. ASSESSMENT FINDINGS

13.1 The Assessor will consider the information available during the Assessment and identify relevant ergonomic factors.

13.2 Recommendations may include changes to:

• workstation configuration;
• furniture;
• equipment;
• working practices;
• posture;
• environmental arrangements;
• work routines;
• workplace adjustments.

13.3 Recommendations are not necessarily guarantees that a particular intervention will resolve an individual’s symptoms or difficulties.

13.4 The effectiveness of a recommendation may depend upon implementation, individual circumstances, workplace conditions and other factors outside our control.

14. REASONABLE ADJUSTMENTS

14.1 Where appropriate, an Assessment may identify potential workplace adjustments.

14.2 Recommendations concerning adjustments are based upon the information available during the Assessment.

14.3 The Client remains responsible for determining whether and how a recommendation is implemented, subject to its own legal, employment, health and safety and organisational responsibilities.

14.4 We do not make employment decisions on behalf of the Client.

15. REPORTS

15.1 Where a written Report is included within the Services, it will normally be supplied following completion of the Assessment.

15.2 The Report will be prepared for the Client and/or named individual and for the purpose agreed at the time of instruction.

15.3 Reports should not be materially altered without our written consent.

15.4 Reports should not be represented as having been prepared for a different purpose or individual.

15.5 Where a Report contains confidential or Special Category Data, the Client must handle it securely and in accordance with applicable data-protection law.

16. RELIANCE ON REPORTS

16.1 A Report should be considered in the context in which the Assessment was undertaken.

16.2 Recommendations may need to be reviewed where:

• circumstances materially change;
• the workstation changes;
• the Employee’s role changes;
• relevant health circumstances change;
• new information becomes available;
• equipment is replaced;
• working arrangements change.

16.3 A Report should not automatically be treated as a permanent assessment of an individual’s circumstances.

17. IMPLEMENTATION OF RECOMMENDATIONS

17.1 Unless expressly agreed otherwise, WellbeingandErgonomics does not supply, install or implement every recommendation contained in a Report.

17.2 Responsibility for implementing recommendations remains with the Client unless otherwise agreed.

17.3 Where we recommend particular equipment, the Client remains responsible for deciding whether to purchase or implement that equipment.

17.4 Product recommendations do not constitute a guarantee that the product will resolve an individual’s condition or symptoms.

18. EQUIPMENT RECOMMENDATIONS

18.1 Where appropriate, we may recommend ergonomic products or equipment.

18.2 Any subsequent purchase of equipment is subject to our General Terms and Conditions and applicable product-specific terms.

18.3 Where equipment is supplied by a third-party manufacturer, the manufacturer’s warranty may apply.

18.4 We do not guarantee the availability of a particular product indefinitely.

19. PROFESSIONAL INDEPENDENCE

19.1 We will seek to provide professional recommendations based upon the information available and the agreed scope of the Assessment.

19.2 Recommendations will not knowingly be altered solely to achieve a predetermined commercial outcome.

19.3 Where a recommendation falls outside the scope of our expertise, we may recommend that the Client obtain advice from an appropriately qualified professional.

20. THIRD-PARTY INFORMATION

20.1 We may consider information supplied by:

• the Employee;
• the Client;
• occupational health professionals;
• healthcare professionals;
• other authorised professionals;
• relevant workplace documentation.

20.2 We are entitled to rely upon information reasonably believed to be accurate unless there is reason to believe otherwise.

20.3 We are not responsible for inaccuracies contained in information supplied by third parties.

21. CANCELLATION BY THE CLIENT

21.1 We require at least seven days’ notice for cancellation of a scheduled Assessment unless otherwise agreed.

21.2 Where the Client cancels with less than seven days’ notice, a cancellation charge of 25% of the total quoted value may apply.

21.3 The cancellation charge is intended to reflect administrative, scheduling and resource commitments and will be applied subject to applicable law and the specific contractual circumstances.

21.4 Where substantial preparatory work has already been undertaken, additional charges may apply where reasonably justified and legally permissible.

22. NON-ATTENDANCE

22.1 If an Employee or Client fails to attend a scheduled Assessment without reasonable prior notice, we will normally offer one opportunity to reschedule.

22.2 If the rescheduled Assessment is also missed, the full agreed service fee may become payable.

22.3 Where the failure to attend is caused by circumstances reasonably outside the Client’s control, we may exercise discretion concerning any charge.

23. PREPARATORY WORK

23.1 An Assessment may require preparation before the scheduled appointment.

23.2 Such preparation may include:

• reviewing information;
• reviewing previous reports;
• reviewing photographs;
• preparing assessment documentation;
• arranging equipment;
• liaising with the Client;
• preparing travel arrangements.

23.3 Where the Client cancels after substantial preparatory work has commenced, the relevant costs may be recoverable where expressly agreed and legally permissible.

24. CANCELLATION BY US

24.1 We may cancel or reschedule an Assessment where reasonably necessary, including because of:

• illness;
• unforeseen circumstances;
• assessor unavailability;
• unsafe working conditions;
• technical failure;
• circumstances beyond our reasonable control.

24.2 Where we cancel an Assessment for reasons within our control, we will ordinarily offer:

• an alternative appointment; or
• a refund of any amount paid for the affected service where appropriate.

25. RESCHEDULING

25.1 We will endeavour to accommodate reasonable requests to reschedule.

25.2 Rescheduling is subject to assessor availability.

25.3 Repeated requests to reschedule may be treated as cancellation where reasonably necessary.

26. FEES

26.1 Fees will be specified in the quotation, proposal or order confirmation.

26.2 Fees may vary depending upon:

• number of Employees;
• assessment duration;
• location;
• remote or on-site delivery;
• complexity;
• reporting requirements;
• travel;
• additional professional requirements.

26.3 Any additional services requested after acceptance of the original quotation may be charged separately.

27. PAYMENT TERMS

27.1 Unless otherwise agreed in writing, payment terms will be those stated on the relevant quotation or invoice.

27.2 We reserve the right to require payment before an Assessment is undertaken.

27.3 For Business Customers, agreed credit terms may apply.

27.4 We may suspend further Services where invoices remain overdue.

28. TRAVEL AND EXPENSES

28.1 Where on-site Services are provided, travel and related expenses will be dealt with as specified in the quotation.

28.2 Additional reasonable expenses may apply where circumstances materially differ from those anticipated when the quotation was prepared, provided that such charges are communicated appropriately.

29. RECORDING OF VIDEO CALLS

29.1 Video calls may occasionally be recorded where there is a legitimate and necessary business purpose.

29.2 Where recording is proposed, participants will be informed in advance.

29.3 Recordings will be stored securely.

29.4 Access will be restricted to authorised personnel.

29.5 Recordings will be retained only for as long as reasonably necessary and then securely deleted.

29.6 Recording will not be undertaken routinely where there is no legitimate business purpose.

30. ZOOM, MICROSOFT TEAMS AND GOOGLE MEET

30.1 Remote Assessments may use third-party video-conferencing platforms.

30.2 Such platforms operate under their own terms and privacy policies.

30.3 We will take reasonable steps to configure and use these services appropriately.

30.4 Where a third-party platform processes personal information on our behalf, its use will be considered within our data-protection arrangements.

31. INTELLECTUAL PROPERTY

31.1 Unless otherwise agreed, intellectual property rights in original Reports, assessment templates, methodologies, documentation and other materials created by WellbeingandErgonomics remain with us.

31.2 The Client is granted a non-exclusive right to use the Report for the purpose for which it was prepared.

31.3 The Client must not commercially reproduce, resell or republish our original assessment materials without written permission.

31.4 Nothing prevents the Client from retaining copies of Reports for legitimate employment, health and safety, legal or administrative purposes.

32. CONFIDENTIALITY

32.1 Both parties should treat confidential information received from the other party as confidential.

32.2 Confidential information may include:

• employee information;
• health information;
• workplace information;
• commercial information;
• business processes;
• reports;
• recommendations;
• pricing;
• correspondence.

32.3 Confidentiality obligations do not apply where information:

• is already lawfully public;
• is required to be disclosed by law;
• is lawfully obtained from another source;
• is disclosed with appropriate authority.

33. DATA PROTECTION RIGHTS

33.1 Individuals may have rights under applicable data-protection legislation, including rights concerning:

• access;
• rectification;
• erasure;
• restriction;
• objection;
• portability, where applicable.

33.2 Data-protection requests should be directed to:

Karim Samani
Email: wellbeingandergonomics@gmail.com

33.3 Further information is contained in our Privacy & GDPR Policy.

34. CLIENT’S DATA-PROTECTION RESPONSIBILITIES

34.1 Where the Client receives personal or Special Category Data, the Client is independently responsible for complying with its own data-protection obligations.

34.2 The Client must ensure that assessment information is:

• stored securely;
• accessed only by authorised persons;
• not disclosed unnecessarily;
• retained appropriately;
• securely destroyed when no longer required.

34.3 Where the Client is an employer, it remains responsible for determining its own lawful basis for processing employee information within its organisation.

35. THIRD-PARTY DISCLOSURE

35.1 The Client must not disclose an Assessment Report containing personal or Special Category Data to third parties unless there is an appropriate legal basis, consent or other lawful authority to do so.

35.2 Where disclosure is requested by an Employee, appropriate written consent may be required depending upon the circumstances.

35.3 Nothing prevents disclosure where required by law or by a competent authority.

36. HEALTH AND SAFETY

36.1 We will take reasonable steps to conduct on-site Assessments safely.

36.2 The Client must provide a reasonably safe environment.

36.3 The Assessor may stop an Assessment where they reasonably consider that continuing would present a significant safety risk.

37. CHANGES IN CIRCUMSTANCES

37.1 The Client should notify us where material circumstances change before or after an Assessment.

37.2 Such changes may include:

• workstation relocation;
• equipment replacement;
• significant change in duties;
• change in working pattern;
• change from office to home working;
• material change in relevant circumstances.

37.3 A further Assessment may be recommended where circumstances have materially changed.

38. FOLLOW-UP ASSESSMENTS

38.1 Follow-up Assessments may be recommended where appropriate.

38.2 Follow-up Services may be charged separately unless expressly included within the original quotation.

38.3 The purpose and scope of any follow-up Assessment will be agreed in advance.

39. LIMITATION OF LIABILITY

39.1 Nothing in these Service Terms excludes or limits liability that cannot lawfully be excluded or limited.

39.2 This includes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of statutory rights;
• any other liability which cannot legally be excluded.

39.3 Subject to applicable law, we will not be responsible for consequences arising solely from:

• inaccurate information supplied by the Client or Employee;
• failure to implement recommendations;
• implementation of recommendations contrary to professional advice;
• changes in circumstances after the Assessment;
• third-party decisions;
• failure to follow appropriate medical or professional advice.

39.4 Nothing in this clause removes the Client’s or Employee’s statutory rights.

40. EMPLOYMENT DECISIONS

40.1 WellbeingandErgonomics does not make employment decisions on behalf of Clients.

40.2 We do not determine:

• whether an Employee is fit for work;
• whether an Employee should be dismissed;
• whether disciplinary action should be taken;
• whether a particular employment adjustment must legally be implemented.

40.3 Our role is to provide the professional assessment and recommendations within the agreed scope.

40.4 The Client remains responsible for its employment, equality, health and safety and other legal obligations.

41. NO GUARANTEE OF OUTCOME

41.1 Ergonomic interventions can reduce risk and may improve comfort, working conditions or functional capability, but outcomes vary between individuals.

41.2 We therefore do not guarantee that implementation of a recommendation will:

• eliminate symptoms;
• prevent future symptoms;
• resolve an underlying medical condition;
• result in a particular employment outcome.

42. PROFESSIONAL REFERRAL

42.1 Where an issue falls outside the scope of our Services, we may recommend that the Client or Employee seek advice from an appropriate professional.

42.2 This may include, depending upon circumstances:

• a GP;
• occupational health professional;
• physiotherapist;
• occupational therapist;
• medical specialist;
• health and safety professional;
• other appropriately qualified professional.

43. FORCE MAJEURE

43.1 We will not be liable for delay or failure caused by circumstances beyond our reasonable control.

43.2 Such circumstances may include:

• serious illness;
• natural disasters;
• extreme weather;
• pandemic;
• transport disruption;
• industrial action;
• power failure;
• telecommunications failure;
• cyberattack;
• supplier failure;
• government action.

44. COMPLAINTS

44.1 We encourage Clients and Employees to raise concerns as soon as reasonably practicable.

44.2 Complaints should be sent to:

wellbeingandergonomics@gmail.com

44.3 We will investigate complaints fairly and reasonably.

44.4 Nothing in this procedure prevents an individual from exercising any statutory right or making a complaint to an appropriate regulator or authority.

45. TERMINATION

45.1 Either party may terminate an ongoing Services arrangement in accordance with the relevant quotation or contract.

45.2 We may terminate or suspend Services where:

• payment is substantially overdue;
• the Client materially breaches these Service Terms;
• continuing the Service would create a significant safety concern;
• necessary information is not provided;
• continuing would place us in breach of applicable law or professional obligations.

45.3 Termination does not affect rights and liabilities accrued before termination.

46. GOVERNING LAW

46.1 These Service Terms are governed by the laws of England and Wales.

46.2 The courts of England and Wales shall have jurisdiction, subject to any mandatory rights available to Consumers.

47. SEVERABILITY

47.1 If any provision of these Service Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

48. NO WAIVER

48.1 Failure to enforce a provision immediately does not constitute a waiver of the right to enforce it subsequently.

49. CHANGES TO THESE TERMS

49.1 We may amend these Service Terms periodically to reflect:

• changes in legislation;
• regulatory guidance;
• changes to our services;
• changes to technology;
• changes in professional practice;
• changes in our business arrangements.

49.2 The version applicable to an Assessment will ordinarily be the version agreed at the time the Service is commissioned.

50. ENTIRE AGREEMENT

50.1 These Service Terms, together with the applicable quotation, proposal, order confirmation and incorporated policies, constitute the agreement governing the relevant Services.

50.2 Where an individually negotiated written agreement has been entered into, its provisions will prevail over these Service Terms to the extent of any inconsistency.

51. CONTACT DETAILS

TechDisinfect Limited t/a WellbeingandErgonomics

Company Registration Number: 12169233

Registered Office: Manchester, United Kingdom

Email: wellbeingandergonomics@gmail.com

Website: https://wellbeingandergonomics.co.uk

Data Protection Contact:
Karim Samani
wellbeingandergonomics@gmail.com

1. PURPOSE AND APPLICATION

1.1 These DSE & Ergonomic Assessment Terms and Conditions (“Service Terms”) govern the provision of DSE, ergonomic and associated workplace assessment services by TechDisinfect Limited t/a WellbeingandErgonomics (“WellbeingandErgonomics”, “we”, “us” or “our”).

1.2 These Service Terms apply to assessments undertaken remotely, on-site or through another method expressly agreed between the parties.

1.3 By instructing us to undertake an assessment, the Client agrees to these Service Terms.

1.4 These Service Terms should be read together with our:

• General Terms and Conditions;
• Privacy & GDPR Policy;
• Cookie Policy, where relevant;
• Data Protection and Special Category Data procedures;
• Deliveries, Returns and Cancellation Rights Policy, where relevant;
• Website Disclaimer.

1.5 Where a written quotation, proposal or service agreement has been expressly accepted by both parties and contains provisions inconsistent with these Service Terms, the specific written agreement will take precedence to the extent of the inconsistency.

2. DEFINITIONS

For these Service Terms:

“Assessment” means a DSE assessment, ergonomic assessment, workplace assessment or related assessment undertaken by us.

“Assessor” means the appropriately appointed person undertaking the Assessment on behalf of WellbeingandErgonomics.

“Client” means the person, employer, organisation or other entity instructing WellbeingandErgonomics.

“Employee” means the individual whose workstation, working arrangements or ergonomic circumstances are being assessed.

“Report” means the written report, recommendations or other professional output produced following an Assessment.

“Services” means the DSE, ergonomic and related professional services described in the quotation, proposal or service agreement.

“Special Category Data” means personal data falling within the relevant special categories under applicable data-protection legislation, including information concerning health or disability.

3. OUR SERVICES

3.1 We provide professional DSE and ergonomic assessment services designed to identify relevant ergonomic considerations and, where appropriate, provide recommendations concerning:

• workstation configuration;
• desk and chair set-up;
• display-screen equipment;
• keyboard and mouse positioning;
• monitor positioning;
• posture;
• working environment;
• work-related ergonomic factors;
• equipment requirements;
• reasonable workplace adjustments;
• work practices;
• manual-handling or other ergonomic considerations where specifically included within the agreed scope;
• other relevant ergonomic matters.

3.2 The precise scope of an Assessment will depend upon the service purchased and will be specified in the quotation, proposal or agreement where appropriate.

3.3 We reserve the right to decline requests that fall outside our professional competence, agreed scope or available resources.

4. REMOTE ASSESSMENTS

4.1 We may provide Assessments remotely using video-conferencing or other appropriate technology.

4.2 Remote Assessments may be conducted using platforms such as Zoom, Microsoft Teams or Google Meet.

4.3 The Client and/or Employee is responsible for ensuring that:

• appropriate technology is available;
• the internet connection is reasonably reliable;
• the workstation can be viewed sufficiently;
• relevant equipment can be demonstrated;
• the Employee is available at the agreed time;
• the information provided to the Assessor is accurate and complete.

4.4 We cannot be responsible for limitations arising solely from inadequate equipment, poor internet connectivity, restricted camera positioning or inability to view relevant aspects of the working environment.

4.5 Where a remote Assessment cannot reasonably be completed because the necessary information or visual access cannot be obtained, we may recommend a further assessment or alternative method.

5. ON-SITE ASSESSMENTS

5.1 Where an on-site Assessment is agreed, the Client must provide the Assessor with reasonable access to the relevant workplace.

5.2 The Client is responsible for ensuring that the premises are reasonably safe and accessible.

5.3 The Client must notify us in advance of any known circumstances that may materially affect the Assessor’s safety.

5.4 The Assessor may decline or suspend an on-site Assessment where they reasonably believe that the environment presents an unacceptable health or safety risk.

5.5 Any additional travel, accommodation, parking or other expenses will be dealt with in accordance with the quotation or written agreement.

6. CLIENT RESPONSIBILITIES

6.1 The Client must provide accurate, complete and reasonably current information necessary for the Assessment.

6.2 The Client must ensure that the Employee is given sufficient opportunity to participate meaningfully in the Assessment.

6.3 The Client must provide reasonable access to relevant:

• workstation equipment;
• furniture;
• work environment;
• working practices;
• relevant documentation;
• information reasonably required by the Assessor.

6.4 Where recommendations depend upon information supplied by the Client or Employee, the Client acknowledges that inaccurate or incomplete information may affect the Assessment.

7. EMPLOYEE PARTICIPATION

7.1 The Employee should participate honestly and openly in the Assessment.

7.2 The Employee should inform the Assessor of relevant difficulties, limitations or concerns that may reasonably affect the Assessment.

7.3 The Employee is not required to disclose information that is irrelevant to the Assessment.

7.4 Where Special Category Data is necessary for the agreed purpose, it will be handled in accordance with applicable data-protection legislation and our Privacy Policy.

8. HEALTH AND DISABILITY INFORMATION

8.1 In certain Assessments, we may need to collect information concerning an Employee’s health or disability.

8.2 Such information is collected only where reasonably necessary for the purposes of undertaking the agreed Assessment and providing appropriate recommendations.

8.3 Special Category Data will be processed in accordance with:

• UK GDPR;
• Data Protection Act 2018;
• applicable EU GDPR requirements where applicable;
• our Privacy & GDPR Policy.

8.4 Depending upon the circumstances, processing may require an appropriate Article 6 lawful basis and Article 9 condition.

8.5 Where explicit consent is relied upon, appropriate consent will be obtained.

8.6 The Assessor will only access information reasonably necessary for the Assessment.

9. CONFIDENTIALITY OF HEALTH INFORMATION

9.1 Health and disability information will be treated as confidential.

9.2 Assessment reports, correspondence and related documentation may be marked:

“PRIVATE AND CONFIDENTIAL”

9.3 Access will ordinarily be restricted to:

• the authorised Assessor;
• the Employee;
• the Client where appropriate;
• persons to whom the Employee has provided appropriate written consent;
• persons otherwise legally entitled to receive the information.

9.4 We will not knowingly disclose confidential health information to an unauthorised third party except where:

• the individual has provided appropriate consent;
• disclosure is required by law;
• disclosure is necessary to protect vital interests in circumstances permitted by law; or
• another lawful basis applies.

10. DATA SECURITY

10.1 We maintain appropriate technical and organisational measures designed to protect personal and confidential information.

10.2 These measures may include:

• HTTPS/SSL;
• firewall protection;
• malware scanning;
• Wordfence;
• two-factor authentication;
• password protection;
• encrypted databases;
• regular backups;
• restricted staff access;
• secure cloud systems.

10.3 Electronic assessment information will be accessible only to authorised personnel with a legitimate business need.

11. RETENTION OF ASSESSMENT RECORDS

11.1 Assessment information will be retained in accordance with our Data Retention Policy.

11.2 Occupational-health-related assessment records will ordinarily be retained for seven years, unless a different period is required by law, contract, professional requirements or the circumstances of the matter.

11.3 Where information is no longer required, it will be securely deleted or otherwise disposed of in accordance with our records-management procedures.

11.4 The retention period does not prevent an individual exercising applicable data-protection rights.

12. PURPOSE AND LIMITATIONS OF AN ASSESSMENT

12.1 An Assessment is intended to provide an informed ergonomic evaluation based upon the circumstances, information and environment available at the time.

12.2 Recommendations are professional recommendations based upon the information available to the Assessor.

12.3 An Assessment is not necessarily a medical examination or medical diagnosis.

12.4 Unless expressly agreed in writing, we do not provide:

• medical diagnosis;
• medical treatment;
• clinical diagnosis;
• prescription of medication;
• emergency medical services.

12.5 Where an issue appears to require medical assessment, the individual may be advised to seek appropriate medical advice.

13. ASSESSMENT FINDINGS

13.1 The Assessor will consider the information available during the Assessment and identify relevant ergonomic factors.

13.2 Recommendations may include changes to:

• workstation configuration;
• furniture;
• equipment;
• working practices;
• posture;
• environmental arrangements;
• work routines;
• workplace adjustments.

13.3 Recommendations are not necessarily guarantees that a particular intervention will resolve an individual’s symptoms or difficulties.

13.4 The effectiveness of a recommendation may depend upon implementation, individual circumstances, workplace conditions and other factors outside our control.

14. REASONABLE ADJUSTMENTS

14.1 Where appropriate, an Assessment may identify potential workplace adjustments.

14.2 Recommendations concerning adjustments are based upon the information available during the Assessment.

14.3 The Client remains responsible for determining whether and how a recommendation is implemented, subject to its own legal, employment, health and safety and organisational responsibilities.

14.4 We do not make employment decisions on behalf of the Client.

15. REPORTS

15.1 Where a written Report is included within the Services, it will normally be supplied following completion of the Assessment.

15.2 The Report will be prepared for the Client and/or named individual and for the purpose agreed at the time of instruction.

15.3 Reports should not be materially altered without our written consent.

15.4 Reports should not be represented as having been prepared for a different purpose or individual.

15.5 Where a Report contains confidential or Special Category Data, the Client must handle it securely and in accordance with applicable data-protection law.

16. RELIANCE ON REPORTS

16.1 A Report should be considered in the context in which the Assessment was undertaken.

16.2 Recommendations may need to be reviewed where:

• circumstances materially change;
• the workstation changes;
• the Employee’s role changes;
• relevant health circumstances change;
• new information becomes available;
• equipment is replaced;
• working arrangements change.

16.3 A Report should not automatically be treated as a permanent assessment of an individual’s circumstances.

17. IMPLEMENTATION OF RECOMMENDATIONS

17.1 Unless expressly agreed otherwise, WellbeingandErgonomics does not supply, install or implement every recommendation contained in a Report.

17.2 Responsibility for implementing recommendations remains with the Client unless otherwise agreed.

17.3 Where we recommend particular equipment, the Client remains responsible for deciding whether to purchase or implement that equipment.

17.4 Product recommendations do not constitute a guarantee that the product will resolve an individual’s condition or symptoms.

18. EQUIPMENT RECOMMENDATIONS

18.1 Where appropriate, we may recommend ergonomic products or equipment.

18.2 Any subsequent purchase of equipment is subject to our General Terms and Conditions and applicable product-specific terms.

18.3 Where equipment is supplied by a third-party manufacturer, the manufacturer’s warranty may apply.

18.4 We do not guarantee the availability of a particular product indefinitely.

19. PROFESSIONAL INDEPENDENCE

19.1 We will seek to provide professional recommendations based upon the information available and the agreed scope of the Assessment.

19.2 Recommendations will not knowingly be altered solely to achieve a predetermined commercial outcome.

19.3 Where a recommendation falls outside the scope of our expertise, we may recommend that the Client obtain advice from an appropriately qualified professional.

20. THIRD-PARTY INFORMATION

20.1 We may consider information supplied by:

• the Employee;
• the Client;
• occupational health professionals;
• healthcare professionals;
• other authorised professionals;
• relevant workplace documentation.

20.2 We are entitled to rely upon information reasonably believed to be accurate unless there is reason to believe otherwise.

20.3 We are not responsible for inaccuracies contained in information supplied by third parties.

21. CANCELLATION BY THE CLIENT

21.1 We require at least seven days’ notice for cancellation of a scheduled Assessment unless otherwise agreed.

21.2 Where the Client cancels with less than seven days’ notice, a cancellation charge of 25% of the total quoted value may apply.

21.3 The cancellation charge is intended to reflect administrative, scheduling and resource commitments and will be applied subject to applicable law and the specific contractual circumstances.

21.4 Where substantial preparatory work has already been undertaken, additional charges may apply where reasonably justified and legally permissible.

22. NON-ATTENDANCE

22.1 If an Employee or Client fails to attend a scheduled Assessment without reasonable prior notice, we will normally offer one opportunity to reschedule.

22.2 If the rescheduled Assessment is also missed, the full agreed service fee may become payable.

22.3 Where the failure to attend is caused by circumstances reasonably outside the Client’s control, we may exercise discretion concerning any charge.

23. PREPARATORY WORK

23.1 An Assessment may require preparation before the scheduled appointment.

23.2 Such preparation may include:

• reviewing information;
• reviewing previous reports;
• reviewing photographs;
• preparing assessment documentation;
• arranging equipment;
• liaising with the Client;
• preparing travel arrangements.

23.3 Where the Client cancels after substantial preparatory work has commenced, the relevant costs may be recoverable where expressly agreed and legally permissible.

24. CANCELLATION BY US

24.1 We may cancel or reschedule an Assessment where reasonably necessary, including because of:

• illness;
• unforeseen circumstances;
• assessor unavailability;
• unsafe working conditions;
• technical failure;
• circumstances beyond our reasonable control.

24.2 Where we cancel an Assessment for reasons within our control, we will ordinarily offer:

• an alternative appointment; or
• a refund of any amount paid for the affected service where appropriate.

25. RESCHEDULING

25.1 We will endeavour to accommodate reasonable requests to reschedule.

25.2 Rescheduling is subject to assessor availability.

25.3 Repeated requests to reschedule may be treated as cancellation where reasonably necessary.

26. FEES

26.1 Fees will be specified in the quotation, proposal or order confirmation.

26.2 Fees may vary depending upon:

• number of Employees;
• assessment duration;
• location;
• remote or on-site delivery;
• complexity;
• reporting requirements;
• travel;
• additional professional requirements.

26.3 Any additional services requested after acceptance of the original quotation may be charged separately.

27. PAYMENT TERMS

27.1 Unless otherwise agreed in writing, payment terms will be those stated on the relevant quotation or invoice.

27.2 We reserve the right to require payment before an Assessment is undertaken.

27.3 For Business Customers, agreed credit terms may apply.

27.4 We may suspend further Services where invoices remain overdue.

28. TRAVEL AND EXPENSES

28.1 Where on-site Services are provided, travel and related expenses will be dealt with as specified in the quotation.

28.2 Additional reasonable expenses may apply where circumstances materially differ from those anticipated when the quotation was prepared, provided that such charges are communicated appropriately.

29. RECORDING OF VIDEO CALLS

29.1 Video calls may occasionally be recorded where there is a legitimate and necessary business purpose.

29.2 Where recording is proposed, participants will be informed in advance.

29.3 Recordings will be stored securely.

29.4 Access will be restricted to authorised personnel.

29.5 Recordings will be retained only for as long as reasonably necessary and then securely deleted.

29.6 Recording will not be undertaken routinely where there is no legitimate business purpose.

30. ZOOM, MICROSOFT TEAMS AND GOOGLE MEET

30.1 Remote Assessments may use third-party video-conferencing platforms.

30.2 Such platforms operate under their own terms and privacy policies.

30.3 We will take reasonable steps to configure and use these services appropriately.

30.4 Where a third-party platform processes personal information on our behalf, its use will be considered within our data-protection arrangements.

31. INTELLECTUAL PROPERTY

31.1 Unless otherwise agreed, intellectual property rights in original Reports, assessment templates, methodologies, documentation and other materials created by WellbeingandErgonomics remain with us.

31.2 The Client is granted a non-exclusive right to use the Report for the purpose for which it was prepared.

31.3 The Client must not commercially reproduce, resell or republish our original assessment materials without written permission.

31.4 Nothing prevents the Client from retaining copies of Reports for legitimate employment, health and safety, legal or administrative purposes.

32. CONFIDENTIALITY

32.1 Both parties should treat confidential information received from the other party as confidential.

32.2 Confidential information may include:

• employee information;
• health information;
• workplace information;
• commercial information;
• business processes;
• reports;
• recommendations;
• pricing;
• correspondence.

32.3 Confidentiality obligations do not apply where information:

• is already lawfully public;
• is required to be disclosed by law;
• is lawfully obtained from another source;
• is disclosed with appropriate authority.

33. DATA PROTECTION RIGHTS

33.1 Individuals may have rights under applicable data-protection legislation, including rights concerning:

• access;
• rectification;
• erasure;
• restriction;
• objection;
• portability, where applicable.

33.2 Data-protection requests should be directed to:

Karim Samani
Email: wellbeingandergonomics@gmail.com

33.3 Further information is contained in our Privacy & GDPR Policy.

34. CLIENT’S DATA-PROTECTION RESPONSIBILITIES

34.1 Where the Client receives personal or Special Category Data, the Client is independently responsible for complying with its own data-protection obligations.

34.2 The Client must ensure that assessment information is:

• stored securely;
• accessed only by authorised persons;
• not disclosed unnecessarily;
• retained appropriately;
• securely destroyed when no longer required.

34.3 Where the Client is an employer, it remains responsible for determining its own lawful basis for processing employee information within its organisation.

35. THIRD-PARTY DISCLOSURE

35.1 The Client must not disclose an Assessment Report containing personal or Special Category Data to third parties unless there is an appropriate legal basis, consent or other lawful authority to do so.

35.2 Where disclosure is requested by an Employee, appropriate written consent may be required depending upon the circumstances.

35.3 Nothing prevents disclosure where required by law or by a competent authority.

36. HEALTH AND SAFETY

36.1 We will take reasonable steps to conduct on-site Assessments safely.

36.2 The Client must provide a reasonably safe environment.

36.3 The Assessor may stop an Assessment where they reasonably consider that continuing would present a significant safety risk.

37. CHANGES IN CIRCUMSTANCES

37.1 The Client should notify us where material circumstances change before or after an Assessment.

37.2 Such changes may include:

• workstation relocation;
• equipment replacement;
• significant change in duties;
• change in working pattern;
• change from office to home working;
• material change in relevant circumstances.

37.3 A further Assessment may be recommended where circumstances have materially changed.

38. FOLLOW-UP ASSESSMENTS

38.1 Follow-up Assessments may be recommended where appropriate.

38.2 Follow-up Services may be charged separately unless expressly included within the original quotation.

38.3 The purpose and scope of any follow-up Assessment will be agreed in advance.

39. LIMITATION OF LIABILITY

39.1 Nothing in these Service Terms excludes or limits liability that cannot lawfully be excluded or limited.

39.2 This includes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of statutory rights;
• any other liability which cannot legally be excluded.

39.3 Subject to applicable law, we will not be responsible for consequences arising solely from:

• inaccurate information supplied by the Client or Employee;
• failure to implement recommendations;
• implementation of recommendations contrary to professional advice;
• changes in circumstances after the Assessment;
• third-party decisions;
• failure to follow appropriate medical or professional advice.

39.4 Nothing in this clause removes the Client’s or Employee’s statutory rights.

40. EMPLOYMENT DECISIONS

40.1 WellbeingandErgonomics does not make employment decisions on behalf of Clients.

40.2 We do not determine:

• whether an Employee is fit for work;
• whether an Employee should be dismissed;
• whether disciplinary action should be taken;
• whether a particular employment adjustment must legally be implemented.

40.3 Our role is to provide the professional assessment and recommendations within the agreed scope.

40.4 The Client remains responsible for its employment, equality, health and safety and other legal obligations.

41. NO GUARANTEE OF OUTCOME

41.1 Ergonomic interventions can reduce risk and may improve comfort, working conditions or functional capability, but outcomes vary between individuals.

41.2 We therefore do not guarantee that implementation of a recommendation will:

• eliminate symptoms;
• prevent future symptoms;
• resolve an underlying medical condition;
• result in a particular employment outcome.

42. PROFESSIONAL REFERRAL

42.1 Where an issue falls outside the scope of our Services, we may recommend that the Client or Employee seek advice from an appropriate professional.

42.2 This may include, depending upon circumstances:

• a GP;
• occupational health professional;
• physiotherapist;
• occupational therapist;
• medical specialist;
• health and safety professional;
• other appropriately qualified professional.

43. FORCE MAJEURE

43.1 We will not be liable for delay or failure caused by circumstances beyond our reasonable control.

43.2 Such circumstances may include:

• serious illness;
• natural disasters;
• extreme weather;
• pandemic;
• transport disruption;
• industrial action;
• power failure;
• telecommunications failure;
• cyberattack;
• supplier failure;
• government action.

44. COMPLAINTS

44.1 We encourage Clients and Employees to raise concerns as soon as reasonably practicable.

44.2 Complaints should be sent to:

wellbeingandergonomics@gmail.com

44.3 We will investigate complaints fairly and reasonably.

44.4 Nothing in this procedure prevents an individual from exercising any statutory right or making a complaint to an appropriate regulator or authority.

45. TERMINATION

45.1 Either party may terminate an ongoing Services arrangement in accordance with the relevant quotation or contract.

45.2 We may terminate or suspend Services where:

• payment is substantially overdue;
• the Client materially breaches these Service Terms;
• continuing the Service would create a significant safety concern;
• necessary information is not provided;
• continuing would place us in breach of applicable law or professional obligations.

45.3 Termination does not affect rights and liabilities accrued before termination.

46. GOVERNING LAW

46.1 These Service Terms are governed by the laws of England and Wales.

46.2 The courts of England and Wales shall have jurisdiction, subject to any mandatory rights available to Consumers.

47. SEVERABILITY

47.1 If any provision of these Service Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

48. NO WAIVER

48.1 Failure to enforce a provision immediately does not constitute a waiver of the right to enforce it subsequently.

49. CHANGES TO THESE TERMS

49.1 We may amend these Service Terms periodically to reflect:

• changes in legislation;
• regulatory guidance;
• changes to our services;
• changes to technology;
• changes in professional practice;
• changes in our business arrangements.

49.2 The version applicable to an Assessment will ordinarily be the version agreed at the time the Service is commissioned.

50. ENTIRE AGREEMENT

50.1 These Service Terms, together with the applicable quotation, proposal, order confirmation and incorporated policies, constitute the agreement governing the relevant Services.

50.2 Where an individually negotiated written agreement has been entered into, its provisions will prevail over these Service Terms to the extent of any inconsistency.

51. CONTACT DETAILS

TechDisinfect Limited t/a WellbeingandErgonomics

Company Registration Number: 12169233

Registered Office: Manchester, United Kingdom

Email: wellbeingandergonomics@gmail.com

Website: https://wellbeingandergonomics.co.uk

Data Protection Contact:
Karim Samani
wellbeingandergonomics@gmail.com