Business Clients’ Agreement

The business following satisfactory audit checks conducted by Business Approval Ltd., can, upon acceptance and payment of the appropriate fee, use the Certification Mark.

IT IS AGREED that the business will act in accordance with the: –

• Business Clients’ Agreement herewith;
• Code of Practice.

Objectives

By working with Trading Standards Services, partner organisations and businesses, the company aims to establish a trading environment where the standard of customer service is raised and consumer detriment is reduced.   An effective working partnership will stimulate businesses growth and provide consumers with confidence in purchasing goods and services.

The objective of the Company is to establish a culture of ‘treating customers fairly’ and to maintain high standards of customer service by the provision of businesses authorised by the Company to use its Certification Mark.

Business clients must comply with the Customer Charter and Code of Practice and must demonstrate a commitment to trade fairly, honestly and in compliance with all business and consumer protection law.

Such commitments will create a trading environment where customers may purchase goods and services with confidence, reassured in the knowledge that they will be treated fairly by an honest and reputable business.

Terms and Conditions             

        

1.0    Definitions

2.0    Assessment Criteria

2.0    Cancellation

3.0    Termination by Membership

4.0    Termination, Suspension or Improvement

5.0    Payment of Fees

6.0    Code of Practice

7.0    Business Clients’ Obligations

8.0    The Company’s Obligations

9.0    Membership Packages

10.0   Code of Practice

This agreement sets out the terms by which the Company and business clients will do business. This agreement must be read in conjunction with the code of practice and customer charter.

• Definitions
  • In this agreement the following words will have the following meanings
  • The business client means the tradesman, their company or employees whose information is published on our website, social media, magazines, brochures or other documents.
  • The Company means Business Approval Ltd and those employed by the Company.
  • Certification Mark means the Trading Standards Approved logo (see Appendix 1)
  • Code of Practice is that set out in Appendix 2
  • MOU means memorandum of association agreed between the Company and a Council
  • Council means a Local Authority Trading Standards Service.
  • The website means www.businessapprovalregister.com

 

• Assessment Criteria and Business Clients’ Obligations
  • Use of the Certification Mark is subject to prospective business clients:
    • completing the Application Process and;
    • satisfying the Company’s assessment process
    • agreeing to the Code of Practice and Customer Charter

• Business Clients who successfully complete the Application Process will be entitled to use the Certification Mark upon acceptance by the Company and while it remains a member.

• Business clients agree to provide copies of adequate current Public Liability and Employer Liability Insurance certificates, photographic ID and proof of residence. Documents must be received on application and produced again upon request by the company.

• In addition to the information requirements set out at paragraph 1.4, use of the Certification Mark is dependent upon satisfactory completion of all necessary checks to ensure that membership criteria and standards are maintained including, but not exclusively, complaint data and consultation with Councils.

• Where incorrect information has been provided, whether innocently, negligently or fraudulently, to the Company during the application process, on discovery, the Company will immediately reconsider the status of membership and determine whether to revoke membership, in accordance with the assessment criteria and the provisions of paragraph 4.0.

• The Company reserves the right to refuse membership. The decision of the Company or Local Authority Trading Standards Service is final.

2.0   Cancellation of this Agreement

2.1    The minimum term of Membership is 12 months. Membership will remain valid until the occurrence of one of the following events: –

2.1.1 Cancellation by the business client in accordance with paragraph 3.0 of the Code of Practice;

2.1.2 Cancellation by the Company in accordance with paragraph 4.0 of the Code of Practice;

2.1.3 Cancellation by other participating Council’s in accordance with paragraph 4.0 of the Code of Practice;

2.2    The Company reserves the right to revoke the Certification Mark after a minimum 12-month term, without liability.  In such circumstances the Company will notify the business client at least 30 days beforehand providing a full explanation for this decision.

2.3    The decision of the Company is final.

2.4    Business Clients may cancel their membership at any time after the minimum term of 12 months by giving 30 days written notice.

2.5    Membership fees are none refundable.

3.0    Termination by member

3.1    Business Clients may terminate their membership at any time after the minimum term of 12 months by giving 30 days written notice;

3.2    Membership fees are none refundable.

4.0   Termination, Suspension or Improvement 

4.1    The Company or any other participating Council, may suspend or revoke the use of the Certification Mark, without liability. In the case of revocation, the Company will notify the business client that the Certification Mark can no longer be used; or the Company may require improvement by notice, issued by the Company, if after due consideration of the facts, there is evidence that the member: –

4.1.1 has contravened standards of common courtesy and respect;

4.1.2 has failed to comply with the principles and/or commitments to the Company, including this Code of Practice and providing misleading or inaccurate information;

4.1.3 has engaged in conduct or behaviour which puts the reputation of the            members and/or the Company at risk;

4.1.4 has raised cause for concern arising from on-going monitoring and evaluation in accordance with Section 14.0 of the Code of Practice;

4.1.5 is the source of a miscellaneous complaint made under Section 16.0 of the Code of Practice.

4.2    Where a Council or the Company considers that it is appropriate to take action under paragraph 4.1 of this agreement, a written notice will be issued by the company to the business client to:-

4.2.1 terminate membership with immediate effect; or

4.2.2 suspend membership with immediate effect pending investigation of the concern or non-compliance; or

4.2.3 request improvements as specified in an Improvement Notice to the member.  The Improvement Notice will set out full details of concerns and request immediate corrective action.

4.3    Where any action listed in paragraph 4.2 is taken, the Company will issue written notice to the member with an explanation for the decision. The Company will adopt a proportionate approach to any action, taking into account the nature and the consequences of non-compliance and in consultation with other Trading Standards Services, as appropriate.

4.4    Where an Improvement Notice is issued to a member by the Company, the member must take steps to remedy the concerns and effect required improvements within 21 days.

4.5    In the event of suspension of a business client under paragraph 4.0 the business clients’ details will be suspended from further publication and all associated member benefits will be suspended pending investigation.

4.6    In the event of termination of a business client, under paragraph 4.0, the members’ details will be removed, by the Company, from further publication, where appropriate, Trading Standards Services will be notified, and all associated benefits will be terminated with immediate effect.

4.7    Where a Council considers there is justification for suspension or termination of a business client’s membership, that Council will notify the Company and it will be dealt with in accordance with the code of practice.

4.8    Where a Council has entered into an arrangement with the Company under an MOU and there is justification for termination of a member within the jurisdiction of that Council, the Company will accept the decision of that Council.

4.9    All decisions of Councils, with whom there is an MOU in place, will be final, subject to the Councils’ corporate policies being followed.

4.10  All decisions of the Company are final.

5.0   Payment of Fees

5.1    An annual subscription fee is payable by the business client monthly by debit or debit/credit card. Payment can also be made annually in advance by Bacs transfer to sort code 40-43-19, account number 82151804.

6.0   Code of Practice

6.1    The Company will maintain and review the operation of the Code of Practice and make amendments and/or improvements where necessary or in accordance with recommendations made by those Councils with whom there is an MOU in place.

6.2    Business clients will be notified of any changes to the Code of Practice

6.3    The Company will publish the up to date Code and Charter in the members’ area of the website

6.3    It is the responsibility of members to check the website from time to time for changes, and in any event on every occasion where membership is due for renewal.

7.0   Business Clients’ Obligations

7.1    Not to delegate any duties or responsibilities arising from this agreement

7.2    to abide by the Code of Practice (see members’ area of the website)

7.3    to settle all invoices payable within 14 days of the invoice date

7.4    to provide all requested documents and information required for assessment purposes within 28 days of this being requested. Failure to provide the required information will result in the application being cancelled and an administration charge of £75 +vat being made.

8.0   The Company’s Obligations

8.1    The Company commits to: –

8.1.1 administer and monitor the Register;

8.1.2 prepare and maintain the website;

8.1.3 promote the Register through a variety of means.

8.3    The Company and its officers will work with the other local authority trading standards services with whom there is an MOU, to provide a fair and impartial service to both consumers and members of the Register. The Company commits to:–

8.2.1 respect the confidentiality of information received from members and from consumers and treat all such information in accordance with the principles the Data Protection Act 1998;

8.2.2 endeavour, whilst operating within these principles, to operate a policy of openness when dealing with complaints unless anonymity is specifically requested;

8.2.3 will monitor the operation of the Register and the conduct of business clients;

8.2.4 immediately advise in writing of any concerns to individual members following any receipt of any complaints, routine or random inspections or visits.

9.0   Membership Packages

9.1       There are two membership package categories. These are Silver and Gold. The benefits of membership will vary depending upon the opted membership package category;

9.2       Members will remain on the opted membership package provided  payment has been received by the Company.

9.3       Members who joined on or before the 31^st March 2019 will be included in the Gold Package and will be invoices annually, unless the Member requests pay monthly options.

9.4      Members can renew their membership, upgrade or downgrade upon request, provided this is in accordance with the members’ agreed terms and conditions.

Appendix 1

Appendix 2

10.0 Code of Practice                                                                                                                

1.0    Assessment Criteria

2.0    Cancellation

3.0    Termination by Membership

4.0    Termination, Suspension or Improvement

5.0    Payment of Fees

6.0    Changes to Code of Practice

7.0    Use of Certification Mark

8.0 Commitment and Obligations

9.0 General Trading Provisions

10.0 Transactions for supply of goods and services

11.0 Contracts Concluded away from Business Premises

12.0 Guarantees

13.0 Use of Credit Facilities

14.0 On-going Monitoring and Annual Review

15.0 Miscellaneous Complaints

16.0 Consumer Complaints Process

17.0 Consumer Intervention Process

18.0 Independent Alternative Dispute Resolution

19.0 Miscellaneous Provisions

Definitions:

’Member’:  – means the directing minds of the business and employees of the business, whose information is displayed by the Company in its publications

‘Publication’: means any medium uses to promote or advertise

‘Member Business’:  means the business enterprise owned and operated by the member.

 ‘The Company’: means Business Approval Ltd.

 ‘The Register’: means the Business Approval Register and services provided by the Company to its members.

‘Business’:  means a professional practice, company, partnership or trade organisation and any undertaking carried on for gain or reward and any undertaking in the course of which goods or services are supplied otherwise than free of charge.

‘Partner Organisation’ means a charity, voluntary organisation or business with whom the Company has an agreement in place.

‘Business Clients’: means businesses authorised to use the Certification Mark by the Company.

‘Consumer’:  any natural person acting for purposes that are outside his trade, business or profession.  Consumer also includes any customer of a business client.

‘MOU’: means the agreement made between the Company and Local Authority Trading Standards Services

‘Membership Directory’: current list of Members of the Business Approval Register.

‘the website’:  means www.businessapprovalregister.com, the Company’s web-based platform.

‘Membership Criteria’:  criteria against which the eligibility of a prospective business client is assessed.

‘Assessment Criteria’:  assessment criteria against which the suitability of an applicant is assessed.

‘Application Process’: method by which prospective business clients are assessed and awarded the Certification Mark.

‘Membership’: means those business clients authorised by the Company to use the ‘Certification Mark’, upon payment by the business client, to the Company, the membership subscription fee.

‘Customer Agreement’ – The contractual agreement signed by the business client

 ‘Certification Mark’: means the Company’s Trading Standards Approved accreditation

‘Trading Standards Approved Accreditation: means that which is awarded by the Company to business clients, after successfully completing the Company’s application process, satisfying the Company’s assessment criteria and committing to the terms of the Membership Agreement and Code of Practice.

‘Relevant Local authority’:  means the local authority in whose jurisdiction the member is based.  Where a Member has multiple branches, there may be more than one relevant local authority.

‘Nominated Member Representative’: a person within a members’ organisation nominated as representative for the purposes of communications and complaints regarding the Register, Customer Charter and Code of Practice.

 ‘Conciliation Process’: process that will provide the member and consumers a mechanism for dispute resolution.

‘Cold calling’: unsolicited visits or telephone calls to consumers at their home, or place of work, or anywhere other than on the Member’s business premises.

‘Governance Board’:  The representatives of supporting local authorities and other agencies who collectively will contribute to the Governance of the Register.  

‘Business Support’ – Time spent by Company staff dealing with member administration including but not exclusively advice relating to compliance, complaints and intervention.

1.0   Assessment Criteria

1.1    Use of the Certification Mark is subject to prospective business clients:

1.1.1 completing the Application Process;

• satisfying the Assessment Criteria;
• Agreeing to the Code of Practice.

• Business Clients who satisfy the Assessment Criteria and successfully complete the Application Process will be entitled to use the Certification Mark upon acceptance by the Company and while it remains a member;
• Where incorrect information has been provided, whether innocently, negligently or fraudulently, to the Company during the application process, on discovery, the Company will immediately reconsider the status of membership and make a determination in accordance with the assessment criteria and the provisions of paragraph 4.0;
• The Company reserves the right to refuse membership. The decision of the Company, Primary Authority Partner or Local Authority Trading Standards Service is final.

2.0   Cancellation.

2.1    The minimum term of Membership is 12 months. It will remain valid until the occurrence of one of the following events: –

2.1.1 Termination by the business client in accordance with paragraph 3.0 of the Code of Practice;

2.1.2 Termination by the Company in accordance with paragraph 4.0 of the Code of Practice;

2.1.3 Lapse of membership by failure to renew or discharge any fee payable;

2.1.4 Termination by a Council in accordance with paragraph 4.0 of the Code of Practice;

2.2    Business clients agree to provide copies of adequate current Public Liability and Employer Liability Insurance certificates, photographic ID and proof of residence.  Documents must be received on application and produced on request;

2.3    In addition to the information requirements set out at paragraph 2.2, annual renewal will include all necessary checks to ensure that membership criteria and standards are maintained including, but not exclusively, complaint data and monitoring of feedback.

2.4    The Company reserves the right to revoke the Certification Mark after a minimum 12-month term, without liability.  In such circumstances the Company will notify the business client at least 30 days beforehand providing a full explanation for this decision;

2.5    The decision of the Company is final.

3.0      Termination by Business Client

3.1    Business Clients may terminate their membership at any time after the minimum term of 12 months by giving 30 days written notice;

3.2    Membership fees are none refundable.

4.0   Termination, Suspension or Improvement 

4.1    The Company or any other participating Council, may suspend or revoke the use of the Certification Mark, without liability. In the case of revocation, the Company will notify the business client that the Certification Mark can no longer be used; or the Company may require improvement by notice, issued by the Company, if after due consideration of the facts, there is evidence that the member: –

4.1.1 has contravened standards of common courtesy and respect;

4.1.2 has failed to comply with the principles and/or commitments to the Company, including this Code of Practice and providing misleading or inaccurate information;

4.1.3 has engaged in conduct or behaviour which puts the reputation of the            members and/or the Company at risk;

4.1.4 has raised cause for concern arising from on-going monitoring and evaluation in accordance with Section 14.0 of the Code of Practice;

4.1.5 is the source of a miscellaneous complaint made under Section 16.0 of the Code of Practice;

4.2    Where another participating Council or the Company considers that it is appropriate to take action under paragraph 4.1, a written notice will be issued by the company to the business client to:-

4.2.1 terminate membership with immediate effect; or

4.2.2 suspend membership with immediate effect pending investigation of the concern or non-compliance; or

4.2.3 request improvements as specified in an Improvement Notice to the member.  The Improvement Notice will set out full details of concerns and request immediate corrective action;

4.3    Where any action listed in paragraph 4.2 is taken, the Company will issue written notice to the member with an explanation for the decision.  Any participating Council and the Company will adopt a proportionate approach to any action, taking into account the nature and the consequences of non-compliance and in consultation with other Trading Standards Services, as appropriate;

4.4    Where an Improvement Notice is issued to a member by the Company, the member must take steps to remedy the concerns and effect required improvements within 21 days;

4.5    In the event of suspension of a business client under paragraph 4.0 the business clients’ details will be suspended from further publication and all associated member benefits will be suspended pending investigation;

4.6    In the event of termination of a business client, under paragraph 4.0, the members’ details will be removed from further publication, Trading Standards Services will be notified and all associated benefits will be terminated with immediate effect;

4.7    Where a local authority or other agency considers there is justification for suspension or termination of membership, that local authority or agency will notify the Company and it will be dealt with this code of practice;

4.8    Where a local authority Trading Standards Service has entered into an arrangement with the Company under an MOU and there is justification for termination of a member within the jurisdiction of that local authority, the Company will accept the decision of that local authority;

4.9    All decisions of local authorities, with whom there is an MOU in place, will be final, subject to the local authorities’ corporate policies being followed.

4.10  All decisions of the Company are final.

5.0   Payment of Fees

5.1    A subscription fee is payable by the business client, as set out in their customer agreement;

5.2    Payment of the membership subscription fee is due in accordance with the customer agreement;

5.3    Where membership is suspended, members’ details will be removed from the Business Approval Register and all associated member benefits will be suspended;

5.4    Where a business or member fails to provide all information requested, required to assess their application, within 30 days of receipt of their application, the application will be cancelled.

6.0   Changes to Code of Practice

6.1    The Company will maintain and review the operation of the Code and make amendments and/or improvements where necessary or in accordance with recommendations made by those local authorities with whom there is an MOU in place;

6.2    Business clients will be notified of any changes to the Code of Practice;

6.3    It is the responsibility of members to check the website from time to time for changes, and in any event on every occasion where membership is due for renewal.

7.0      Use of Certification Mark

7.1    On acceptance and payment of the subscription fee, the member will be listed on the Business Approval Registe;

7.2    The logo supplied must be displayed in original form and in its entirety. The mark and literature must not be modified in any way, by the members and may be used as follows:

7.2.1 generally for the purposes of the members’ business;

7.2.2 on any business stationery, documentation, vehicles of the member; and                   advertising promotions/editorials/social media/websites/email published by the member.

7.3    On withdrawal, lapse, suspension, revocation or termination, the business client shall immediately cease to use any of the Company’s products or publications, or make any reference, whether verbal or written, to the Company or its Certification Mark.  All references to the Company’s products, publications and Certification Mark must be removed or destroyed within 7 days of termination;

7.4    All promotional leaflets and material relating to the Certification Mark remain the property of the Company and may be withdrawn at any time;

7.5    Use of the Certification Mark and/or literature by a business client, after withdrawal, suspension or termination of membership will constitute a criminal offence liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

8.0  Commitment and Obligations

8.1    Business Clients who are awarded membership are bound to act in accordance with both the spirit and the letter of the Certification Mark, in particular:

8.1.1 the Customer Agreement;

8.1.2 the Customer Charter; and

8.1.3 the Code of Practice.

8.2    Business clients will;

8.2.1 comply with all relevant criminal and civil legislation relating to their goods and/or services, including registration with any relevant regulatory body;

8.2.2 ensure that staff can demonstrate an acceptable working knowledge of both civil and criminal law and any code of practice relevant to their role in the business;

8.2.3 implement adequate procedures within their organisation to maintain competency, qualifications, knowledge, training or any other professional development requirements of all staff.

8.3    Business Clients will: –

8.3.1 provide any information reasonably requested by the Company during the application process or throughout any membership period;

8.3.2 satisfy any reasonable request of the Company;

8.3.3 consent to the exchange of information with the Company and local authority trading standards services with whom there is an MOU in place.

8.4    Where a business client, being a limited company, winds up, liquidates or becomes insolvent or changes its legal entity, the Certification Mark will cease automatically;

8.5    Where changes are made but the legal entity remains the same, such as a change in trading name or director, the Certification Mark will continue subject to the conditions at paragraph 8.3 being met;

8.6    Failing to honour the conditions will result in a notice of termination of the Certification Mark being issued to the member in accordance with paragraph 4.0. The directors of the business client or any associates of the business client will not be eligible to apply for the Certification Mark for a minimum of two years thereafter.

8.7       Members will inform the Company without delay of any matter relating to: –

8.7.1 change to the constitution, ownership or trading activities of business.  Changes to the directors in a limited company will be accepted following payment of an additional fee of £55 +vat and satisfactory checks by the Company;

8.7.2 the adopting of a trading name different to that which appears on the Certificate of Membership;

8.7.3 any impending or current insolvency and/or liquidation proceedings;

8.7.4 any intention to wind up or proposed cessation of trading activities of the member;

8.9    Members will display, in a prominent position, the Certification Mark on literature, advertising, company stationery, motor vehicles, website and other miscellaneous products.

8.10  Business clients consent to:

8.10.1         business names or company ownership information being provided to consumers who have purchased their goods and/or used their services when requested;

8.10.2         the publication of their business names information;

8.10.3         the publication of feedback provided by their customers following its scrutiny by the Company, who will ensure that it is authentic;

8.10.4         the exchange of information with Trading Standards Services in relation to any complaints received.

8.11  Business Clients will:-

8.11.1  encourage consumers to provide feedback in respect of customer service and satisfaction;

8.11.2  ensure that a copy of the Customer Charter is made available to consumers upon request;

8.12     Business clients will operate and monitor a comprehensive customer complaints procedure;

8.13  Business clients will provide any information requested by the Company on any aspect of the business so that the Company can monitor compliance;

8.14  Business clients will endeavour to resolve disputes in accordance with the spirit and provisions of the Business Client Agreement and the Code of Practice.

9.0   General Trading Provisions

9.1    Where business clients issue written estimates and/or quotations they will ensure all aspects of goods/services are itemised and that prices are fully inclusive of VAT;

9.2    Business clients will ensure that any advertisement published in any form complies with the ‘legal, decent, honest and truthful’ standards applied by the Advertising Standards Authority Code of Practice and Consumer Protection from Unfair Trading Regulations 2008;

9.3    Business clients will issue a receipt for ALL goods and/or services supplied;

9.4    Business clients will adopt principles which deliver excellence in customer service.

9.5    Business clients will ensure that they comply with ALL legislation which applies to their particular trade;

9.6    Business clients will not attempt to restrict statutory rights in any way whether by a notice, term, clause or conduct.  Any attempt to do so may be void at common law, Consumer Rights Act 2015 or Unfair Contract Terms Act 1977 and may constitute an offence under the Consumer Protection from Unfair Trading Regulations 2008, attracting criminal sanction, and a review of membership in accordance with paragraph 4.0;

9.7    Where appropriate, business clients will put in place easily accessible and user-friendly procedures to ensure customers after-sales needs are dealt with effectively.  Details should be provided to customers prior to purchase where reasonable and any changes in relation to these services must be clearly communicated to users immediately upon the change occurring;

9.8    Business clients must not adopt any practice, or assume any conduct which is unfair or misleading and they must inform their customers of ALL information that might affect the decision to enter into a transaction, in accordance with the Consumer Protection from Unfair Trading Regulations 2008 or Business Protection from Misleading Marketing Regulations 2008;

9.9    Business clients will honour all contractual obligations and where the services of sub-contractors are utilised the business client is liable for services provided by the sub-contractor and for ensuring that the sub-contractor complies with this Code of Practice.

10.0 Transactions for the supply of goods and/or services.

10.1  Business clients will ensure that ALL goods and/or services are accurately described and priced and that any sales promotions, special offers or sale prices are clear, in accordance with the Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008;

10.2  Business Clients will ensure that ALL goods and services supplied comply with the requirements of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Rights Act 2015, Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and the Supply of Goods (Implied Terms) Act 1973, including that they are accurately described, and meet the requirement of satisfactory quality.  Business Clients will further ensure that: –

10.2.1    adequate quality assurance examination of goods are undertaken to ensure they are free from defects before they are sold or supplied to consumers;

10.2.2    where goods exposed for sale are faulty, damaged or in any way defective business clients will bring any known defects to the attention of any prospective purchaser prior to purchase by the use of a prominent labelling system or by some other written method.  Such notification, where possible, should be attached to the receipt if the goods are purchased;

10.3  Business clients will accept other forms of proof or purchase, for example, debit/credit card slip, where the customer has no receipt;

10.4  Where the business client provides services to a consumer, those services will be provided in accordance with the requirements of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Rights Act 2015, Supply of Goods and Services Act 1982;

10.4.1.   Business clients will ensure their staff are trained and qualified to undertake any services they provide.  Where employees are providing services to customers, the member should take appropriate action to supervise and ensure that work is completed to a competent and high standard;

10.5  Business clients will abide by the requirements of the Provision of Services Regulations 2009 and in particular, include the following information in a clear and accessible format to a customer relating to the delivery of any goods and/or services:

10.5.1         the right of the consumer to cancel the contract if a ‘cancellable’ contract’ under statute or additional rights of cancellation provided for in the contract;

10.5.2         the date or expected date of delivery, or performance; and where a specific time is not possible, a minimum requirement of morning or afternoon should be indicated.

10.6  Where a business client fails to keep an agreed appointment provided to a customer, the business client will compensate the consumer for any justified losses arising from the failure by the member to keep the appointment on the production of appropriate evidence from the customer;

10.7  Where the business client is providing services which require the possession of customers’ goods, the business client will: –

10.7.1    issue the customer with a receipt for the goods that describes them in a manner sufficient to identify them;

10.7.2    provide the customer with an estimation of how long the goods will be retained together with details of the estimated cost; and

10.7.3    inform the customer of the reasons for any delay and a new estimated date for completion together with a comprehensive breakdown of any anticipated increased cost.

11.0    Contracts concluded away from business premises

11.1  Cold calling by business clients is prohibited.    Any cold calling adopted by business clients will constitute non-compliance with the Customer Charter and Code of Practice and will result in review of the Certification Mark in accordance with paragraph 4.0;

11.2  Business clients will implement appropriate training and adopt appropriate practices to ensure that where contracts are made in a customers’ home, place of work, or at any place away from the members’ trade premises that:

11.2.1    customers are treated with the utmost respect and courtesy;

11.2.2    high pressure sales techniques are not used;

11.2.3    where a transaction is with another business the same standards of respect and courtesy are adopted;

11.3  Where a contract is made ‘off premises’ that is at a customers’ home, place of work or at any place away from the business clients’ trade premises, business clients’ will ensure that the customer is given a clear notice of their right to cancel the contract in the prescribed format in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

11.4  Where reasonably practicable to do so, business clients will offer additional assistance to ensure that all aspects of the transaction are fully understood, particularly where the customer is vulnerable.

12.0 Guarantees

12.1  Where a guarantee for goods is available, members will ensure that this is supplied in writing, or other durable medium, setting out in plain intelligible language the terms and conditions of the guarantee.   Business clients should further ensure that the guarantee is made available on request to a customer in writing or other durable medium where reasonable to do so;

12.2  Where a guarantee for services is available, business clients will ensure this is supplied to the customer in writing, or other durable medium, detailing in plain intelligible language the terms and conditions of the guarantee.  Business clients should ensure that details of the guarantee are made available to the customer prior to entry into the contract where reasonably possible to do so.

13.0 Use of Credit Facilities.

13.1  Where business clients supply goods or services financed by the use of credit facilities (excluding the use of credit cards as a method of payment) they will comply with all provisions of:

13.1.1    the Consumer Credit Act 1974;

13.1.2    all ancillary regulations made by way of authority of the Consumer Credit Act 1974; and

13.1.3    all prescribed requirements and guidance issued by the Financial Conduct authority for regulated consumer credit activities.

14.0 Monitoring and Evaluation

14.1  Once membership is granted by the Company to a member this is subject to annual renewal by the Company.   Business clients will be monitored for compliance with the Business Clients’ Agreement and the Code of Practice;

14.3  Monitoring will be undertaken by the Company on an on-going basis by various means including, but not exclusively, of

14.3.2    Annual audit check;

14.3.3    Complaints monitoring and evaluation;

14.3.4    By monitoring, evaluation and analysis of customer feedback and satisfaction;

14.3.5    Risk based inspections; and

14.3.6    By such other means as are considered appropriate.

14.4  Non-compliance may relate to the behaviour or conduct of a business client in relation to the spirit and/or letter of the objectives of the Code of Practice;

14.5  Where monitoring by the Company or complaints made, raises concerns with regards to compliance with the Code of Practice, the Company will consider appropriate steps in accordance with the provisions of paragraph 4.0.

15.0 Miscellaneous Complaints

15.1  Miscellaneous complaints may relate to a complaint a member has about a customer or the conduct of another member of the Register and/or compliance with the spirit and letter of the Register’s Code of Practice, or any other matter relating to the Register generally;

15.2  A consumer, a member or any other organisation should submit such miscellaneous complaints to the Company in a written format;

15.3  The Company will consider the complaint and may seek further information from the parties sufficient to investigate the complaint fully;

15.4  In the first instance details of the complaint may be considered and where appropriate submitted to the relevant party for comments;

15.5  Where a miscellaneous complaint relates to a members’ conduct, compliance or any other matter relating to the Customer Charter or Code of Practice then the Company will consider the membership in accordance with the provisions of paragraph 4.0;

15.6  The Company will seek to resolve the complaint with the relevant parties and may consult its Primary Authority Partner and/or other local authority trading standards services, if deemed appropriate;

15.7  The decision of the Company is final;

15.8  Miscellaneous complaints may relate to complaints or enquires made by local authority trading standards services or other agencies about the conduct or practices of the Company or its employees’, such complaints or enquiries will be dealt with in accordance with its Primary Authority Partnership.

16.0 Consumer Complaints

16.1  Members and business clients will maintain a written Customer Complaints procedure and will in any event observe the Code of Practice and resolve disputes;

16.2  Members and business clients will maintain a comprehensive record of complaints received from customers which must be available for inspection on request by Business Approval Limited;

16.3  A complaint under this section is a complaint made by a customer, which directly arises from a contract made between the member of the Register and the customer;

16.4  Where a complaint relates to a safety issue, the member will refer the complaint immediately to Business Approval Limited. The member will comply with any instructions issued by Business Approval Limited;

16.4  Members will deal with all complaints in accordance with the written complaints procedure referred to paragraph 16.1.    In the event that a complaint is not resolved members may request that the unresolved complaint be referred to the Consumer Intervention Process set out at paragraph 17.0;

16.6  Members and business clients will co-operate with the Company or any other appropriate intermediary, consulted by the customer, to resolve any complaint.

17.0 Consumer Intervention Process

17.1  An unresolved complaint can be defined as any complaint arising out of or in connection with the member and those parties contracting with them in the course of their business that cannot be resolved in accordance with the Consumer Complaints process detailed in paragraph 17.0;

17.2  All parties are encouraged by the Company to seek advice on their consumer rights or statutory obligations from Citizens’ Advice Helpline, Trading Standards or the Company.   Where no attempts to resolve a dispute by negotiation have taken place, where no guidance or advice has been sought, or no attempt to resolve the complaint by way of the Consumer Complaints process, the dispute will not be eligible for consumer intervention;

17.3  Members will be bound by the recommendations made by the Company by way of the Consumer Intervention Process;

17.4  Where intervention fails to resolve a complaint, the customer is free to request referral to independent alternative dispute resolution set out at paragraph 18.0.

18.0 Independent Alternative Dispute Resolution

18.1  In the event that no decision is reached by way of the Consumer Intervention Process set out at paragraph 17.0, a customer may request that the matter be referred to independent alternative dispute resolution;

18.2  The member should make available to the customer full details of the independent dispute resolution process;

18.3  There will be a fee for independent alternative dispute resolution, which will be met by the member;

18.4  The customer is not obliged to seek resolution through independent alternative dispute resolution and is free to pursue their individual statutory rights through a Court of Law;

18.5  Where the customer elects to pursue resolution through the independent alternative dispute resolution process, the independent decision will be final, and binding upon the member;

18.6  Where the customer remains dissatisfied with the outcome of alternative dispute resolution they are free to pursue the dispute through the litigation process in a Court of Law.

19.0 Miscellaneous provisions

19.1  Where a member becomes a concern due to their conduct, issues arising on monitoring or evaluation, the level of customer complaints or any other matter which warrants further investigation, Business Approval Limited will consider the membership in accordance with paragraph 4.0;

19.2  Business Approval Limited operates its website which enables consumers to search for a member and leave feedback about a member’s services;

20.2.1    The Company receives a notification via email on each occasion customer feedback is input onto the website;

20.2.2    all feedback is checked by the Company before it is published;

20.2.3    feedback that does not include enough contact details, will not be published;

20.2.4     The Company will conduct random inspections and spot checks on feedback to ensure authenticity;

19.3  Any misuse of the feedback facility may result in the feedback being removed;

19.4  Fraudulent misuse of the Register feedback facility, by a member, will result in a review of their membership in accordance with paragraph 4.0 and a criminal investigation may follow;

19.5  Amendments to this code of practice may be made at any time by Business Approval Ltd;

19.6  Where a business client subscribes to an organisations code of practice and terms of conditions, failure to comply may be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and may constitute a criminal offence. Business clients must comply with all codes of practice to which they subscribe.