Standard terms & conditions for Med Control Services surveyors & consultants
1. Definitions "Surveyor"/"Consultant" is the Surveyor/Consultant trading under these conditions. "Client" is the party at whose request or on whose behalf the Surveyor/Consultant undertakes surveying services. "Report" means any report or statement supplied by the Surveyor/Consultant in connection with instructions received from the Client. "Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, subsistence and hotel accommodation where an overnight stay is necessary. " Fees" means the fees charged by the Surveyor/Consultant to the Client and including any value added tax where applicable and any Disbursements
2. Scope The Surveyor/Consultant shall provide its services solely in accordance with these terms and conditions.
3. Work The Client will set out in writing the services which it requires the Surveyor/Consultant to provide. The Surveyor/Consultant will confirm in writing that it accepts those instructions or alternatively what services it will perform in connection with the Client's instructions. Once the Surveyor/Consultant and the Client have agreed what services are to be performed (the Services) any subsequent changes or additions must be agreed by both parties in writing.
4. Payment The Client shall pay the Surveyor/Consultant's Fees punctually in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle the Surveyor/Consultant to interest at 8% above the Base Lending Rate of the Bank of England prevailing at the time of default.
5. Obligations and Responsibilities (a) Client: The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant and are provided in sufficient time to enable the required Services to be performed effectively and efficiently and to procure all necessary access for the Surveyor/Consultant to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions. (b) Surveyor: The Surveyor/Consultant shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying/consulting practice. (c) Reporting: The Surveyor/Consultant shall submit a final written Report to the Client following completion of the agreed Services describing the Surveyor's/Consultant's findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so. (d) Confidentiality: The Surveyor/Consultant undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law. (e) Property: The right of ownership in respect of all original work created by the Surveyor/Consultant remains the property of the Surveyor/Consultant. (f) Conflict of Interest/Qualification: The Surveyor/Consultant shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Surveyor/Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor/Consultant's Fees up to the date of notification.
6. Liability (a) Without prejudice to Clause 7, the Surveyor/Consultant shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Surveyor/Consultant or any of its employees or agents or sub- contractors. (b) In the event that the Client proves that the loss, damage, delay or expense suffered was caused by the negligence, gross negligence or wilful default of the Surveyor/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor's/Consultant's personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Surveyor's/Consultant's liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Surveyor's/Consultant's charges or 15,000 Eur whichever is the greater. (c) Without prejudice to (a) and (b) above, the Surveyor/Consultant shall not be liable for loss of or damage to physical equipment and property placed at its disposal by, or on behalf, of the Client however such loss or damage occurs, unless such loss or damage was caused by act or omission committed with intent to cause some or recklessly with knowledge that such loss or damage would probably result.
7. Indemnity Except to the extent and solely for the amount therein set out that the Surveyor/Consultant would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including, but not limited to, legal costs and expenses on a full indemnity basis) which the Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the Services under these Conditions.
8. Force Majeure The Surveyor/Consultant and/or the Client shall not, except as otherwise provided in these Conditions, be responsible or have any liability for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or other similar event), act of war, terrorist attack, nuclear contamination, seizure under legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. Following a force majeure event either party may serve notice on the other to terminate the agreement.
9. Insurance The Surveyor/Consultant shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor/Consultant may be held liable to the Client under these terms and conditions.
10. Surveyor's/ Consultant's Right to Sub-contract The Surveyor/Consultant shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client's right to object on reasonable grounds. In the event of such a sub- contract the Surveyor/Consultant shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar Any claims against the Surveyor/Consultant by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the Report to the Client.
12. Jurisdiction and Law These Conditions shall be governed by and construed in accordance with the laws of Greece and any dispute shall be subject to the exclusive jurisdiction of the Greek Courts.
Med Control Services
GENERAL DATA PRIVACY NOTICE
17th May, 2018
Addressed to Clients/All concerned parties,
We are writing to inform you of important changes taking place to the data privacy laws, i.e. the EU General Data Protection Regulation (GDPR), which comes into effect as from the 25th May, 2018. The GDPR gives control to individuals over their personal data, and we wish to ensure, as a valued client, you are aware of the steps we are taking to comply.
How data is used
Med Control may process personal information in order to conduct contractual business and compliance activities with you as part of its insurance services: underwriting, claims, loss prevention, document processing, marketing, renewals, contract review, risk management, etc.
Personal data profile categories processed
Med Control maintains personal data for:
1. Subjects of claims, investigations, proceedings etc.
2. Advisers, consultants and other professional experts
3. Business associates, other professional bodies, advisers
4. Business contacts
5. Complainants and enquirers
6. Customers and clients
7. Beneficiaries of insurance claims
8. Beneficiaries’ relatives, guardians
9. Suppliers and services providers
10. Subjects of claims, investigations, proceedings and other claim related profiles
The legal bases we use for lawful processing
To enable Med Control to conduct business and fulfil its legal, regulatory and contractual obligations, it needs to perform legitimate and fundamental processing. These are:
1. Establishing contracts
2. Maintaining contracts
3. Provision of all contracted services
4. Invoicing, remittance, payments, collections
5. Non-promotional communications
6. Marketing and other promotional communications
7. Risk management contract review
8. IT support services
9. Business Continuity Planning
10. Legal and regulatory obligations
11. Responding to enquiries, requests and complaints
The categories of people who will access or receive the data
Med Control may need to share the personal information it processes with individuals themselves, with insurers, and also with other organisations. Below is a description of the types of organisations with which Med Control may need to share some of the personal information it processes:
1. Agents and brokers
2. Business associates, other professional bodies, advisers
3. Central / local government
4. Claims investigators
5. Complainants, enquirers
6. Courts and tribunals
7. Debt collection and tracing agencies
8. Customers and clients
9. Data processors
10. Associates and representatives of the person whose personal data we are processing
11. Financial organisations and advisers
12. Healthcare professionals, social and welfare organisations
13. Law enforcement and prosecuting authorities
14. Ombudsman and regulatory authorities
15. Police forces
16. Professional advisers
17. Suppliers and services providers
The countries where data will be stored, processed and transferred
Your personal data collected by Med Control will be stored and processed in Greece. Should Med Control need to transfer your personal data, Med Control will take all reasonable measures to safeguard the transfer of your personal data to third parties in a manner that complies with the GDPR.
How long the data will be retained
Retention of specific records may be necessary for one or more of the following reasons:
1. To fulfill statutory or other regulatory requirements.
2. To evidence events/agreements in case of disputes.
3. To meet our operational needs.
4. To meet any historical purposes.
Personal data that is collected and subsequently never used for any business purpose will be reviewed and may be destroyed at Med Control’s discretion.
How we keep your information secure
The right to complain to the regulator
You have the right to lodge a complaint with the Office of the Commissioner for Personal Data Protection if you think that your personal data has been inappropriately used.
We use a range of measures to keep your information safe and secure, which may include encryption and other forms of security. We require our staff and any third parties who carry out any work on our behalf to comply with appropriate compliance standards, including obligation to protect any information and applying appropriate measures for the use and transfer of information.
In case you would like to have further information on anything contained in this Privacy Notice, please do not hesitate to contact us.