Terms and conditions

Hull City Council is VAT registered: 168 5243 45

Kingston upon Hull City Council online privacy policy

Under the Data Protection Act, we have a legal duty to protect any information we collect from you. We respect our customers and citizens' concerns regarding the privacy of your personal information. We do not pass on your details to any third party unless -

• you give us permission to do so
• the organisation requesting your information has a legal right to the information (eg the police investigating crime)
• we are required to do so by law
• we are required to comply with a court order
• we need to do so to provide council services (eg subcontractors)
• we believe it is in your own interest
• we believe it is in the overall public interest and in a particular instance this is judged to outweigh the other considerations

You do not have to give us any personal data, or private information about yourself, to visit our site.

If you visit our site just to read or download information, we will collect and store information (web access logs) about your visit, including -

• the name of the domain from which you access the Internet, and the Internet Protocol (IP) address or host name, which may or may not identify a specific computer
• the date and time you access our site
• the pages you visit
• the internet address of any website from which you linked directly to our site
• we will collect personal information only if this is provided specifically and knowingly by you, using an online form, or by sending us email

Personal information which you provide will be used only for such purposes as are described at the point of collection, or for purposes which are legally permitted. Information you provide us with may be used for statistical research but will not be used in any way (beyond the purposes stated on the form used to submit it) which enables you to be identified.

We will only use your details to contact you by post, email, fax or telephone -

• to inform you of changes to the services we offer
• inform you of new services
• or to enable us to provide our services

Web access logs

Most local authorities, and companies maintain these logs as a function of operating websites. These logs do not contain any personal data or private information, and we do not make any attempt to link the traffic information in the logs, with the individuals who actually visit our site.

Web access logs may be used to prevent security breaches, and to ensure that the data on our servers is protected.

Security

The information you supply will be held securely, and accessible only by those with a need and a right to know.

For site security purposes, the council arranges for network traffic to be monitored, to investigate or detect unauthorised uses, such as attempts to upload or change information, or attacks on services, or other attacks intended to cause damage. For example when you send us an email, (whether you use the form on our site or otherwise), we could intercept it, or it could be intercepted on our behalf, before it reaches the intended recipient in the council.

Whilst our aim is to protect your information please note that sending an email, or submitting information via an online form, cannot be made totally secure.

Cookies

We use cookies for recording information within our website and to enrich the browsing experience. When you enter the site, or when you enter certain parts of the site, your computer will automatically be issued with a cookie. If you have turned them off on your browser you will be unable to use certain parts of the site, for example the online payments service.

A cookie is a small text file that is sent to your computer hard drive via your web browser when you visit some websites. In general, cookies are just text files and are not executables (files containing a programme) so they cannot spread viruses around your computer.

These cookies are used to store information about you for the next time you visit that site - information like where you went on the site and what you did. A cookie from a particular web site will sit on the hard drive of your computer and wait until the next time you visit that site.

Cookies can also contain information such as user names that could reveal your identity. And because cookies help sites remember things about you, another person using your computer could have access to some of the less secure private information on web sites that you have visited.

To view the web anonymously, you could consider getting rid of your cookies. The easiest way to do this is to refuse to accept, or 'disable' them in your web browser. However, this can be a bit limiting, because many features in sites won't work if you disable cookies.

How cookies work

Let's say you go to a web site and it has a quiz with question one on the first page and question two on the second for example. When you go to the second page, the web server needs some way of knowing that you are the same person who answered "A" for example on page one. That way, when it comes to adding up your score it can combine all your answers, from many different pages, all together. If the computer didn't give you a cookie it wouldn't know whether it was the same person visiting all the pages.

(Information source: BBC Webwise).

Copyright

Generally, the reproduction or transmission, in any form or by any means, or the storing in any retrieval system of any nature, of any text, graphics, images, film or sound files, code, design or logo is forbidden without the council's written permission. We cannot extend this permission to material on our site which belongs to someone else, for example where it is identified as being the copyright of someone else. However, you can download any text from the site, free of charge, to file or printer without our permission, subject to the material being reproduced accurately, and not being re-used or re-published in any way.

All intellectual property rights are reserved. Our copyright, and other intellectual property rights, are protected by UK laws, and by international treaties.

Names etc.

The name "Hull City Council," and the historic names of the council, and the council's common seal are protected by Royal Charters. The council's coat of arms is protected by letters patent. You would need the council's prior written permission to use these. Requests to use the name, historic names, common seal, or coat of arms should be made to -

Lord Mayor's Secretary
Hull City Council
Guildhall
Alfred Gelder Street
Hull
HU1 2AA

Virus protection

We make every effort to check and test the material on our site. However, it is always wise to run an anti-virus program on all material downloaded from the internet. The council cannot accept any responsibility or liability for any loss, disruption or damage to your data or to your computer system, which may occur as a result of using material from our site.

Disclaimer

Whilst we use all reasonable endeavors to ensure that the material on our site is accurate and up to date, the council cannot accept any responsibility or liability for any loss, or claim arising directly or indirectly from any error or inaccuracy in any of the material on this web site.

Kingston upon Hull City Council's official website is located at www.hullcc.gov.uk. This privacy statement only covers the Kingston upon Hull City Council website at www.hullcc.gov.uk.

Links within this site to other websites, and other websites containing information about Kingston upon Hull City Council, are not covered by this statement.

Please note that linked web sites' may deal with privacy differently, and the council does not accept responsibility or liability for the privacy practices, or the content of any linked site. The council does not necessarily endorse or support the services or business, of those organisations to or from which this site is linked. The council cannot guarantee that these links will work all of the time, and has no control over the availability of the linked pages. If you decide to access third party sites linked to this site, you do so at your own risk, and the council has no right to anyone else's intellectual property on those sites.

Contact us

You can contact us -

• to request to use any material protected by copyright
• to request other intellectual property rights
• to request to link to pages on our site
• about this Internet Privacy Statement
• if you think any of the information on our site is wrong, or inaccurate

then please ring the call centre on 01482 300 300 and ask for the web team or write to us at -

Web team
Hull City Council
The Guildhall
Alfred Gelder Street
Hull
HU1 2AA

Email: info@hullcc.gov.uk

If you have queries or concerns regarding the information we hold, how we comply with the Data Protection Act, and The Freedom of Information Act, then please ring the call centre on 01482 300 300 and ask for the information governance team, or write to -

Information governance team
Hull City Council
Legal services
Room 154
The Guildhall
Alfred Gelder Street
Hull
HU1 2AA

Email: information@hullcc.gov.uk

Procurement standard terms and conditions

(The Contract shall be constituted by and comprise only the Contract Documents; no terms or conditions put forward by the Supplier (including terms relating to hire, lease or loan) shall form part of the Contract unless signed by both parties. In the event of conflict, the Order, Terms and Purchaser Specification prevails. Any supply made in response to this Order shall be taken as conclusive acceptance of this term and any inconsistent or additional terms accompanying the supply shall be deleted and ignored.

1. DEFINITIONS AND INTERPRETATION
   
   
1. “Contract” The contract constituted by the Contract Documents
   “The Purchaser” Kingston upon Hull City Council
   “The Supplier” The recipient of the Order
   “Supply”, The goods, services and/or works as described in the
   “Goods”, contract documents (including without limitation on the
   “Services”, face of the Order)
   and/or “Works”
   “Terms” These contract terms
   “Order” The order issued by the Purchaser for the supply which is the subject of the Contract.
2. Further definitions are set out on the Contract Schedule annexed to the Order.
3. The headings to the Terms shall not affect their interpretation. The singular includes the plural; one gender includes all others.
4. Contracts for the execution of works or civil engineering projects will be subject to conditions of contract prepared by the JCT or ICE as varied by the Council. In the event that any variation or condition imposed by the Council or contained herein contradicts those contained within the JCT or ICE conditions then the JCT or ICE conditions shall take precedence.
5. These terms and conditions shall apply unless a full set of terms and conditions specific to goods, services or bespoke contracts such as those for the supply of IT software have been supplied with the specification.
   
   
2. THE SUPPLY OF GOODS, SERVICES OR WORKS – QUALITY STANDARDS
   
   
1. The supply shall be to the reasonable satisfaction of the Authorised Officer and shall without limitation conform with and fulfil in all respects:-
   the Contract Documents
   
• any variation of the Contract agreed in writing by the parties
• the requirements of any relevant UK or EC statute, order, regulation, directives, standard, code of practice or bye-law from time to time in force which is relevant to the Supply
• any recommendation or representation made by the Supplier
• professional standards which might reasonably be expected of the Supplier
2. Unless otherwise agreed in writing, neither performance nor functionality of any part of the Supply will be impeded by entry into the European monetary union.
   
   
3. THE CONTRACT PRICE AND INVOICING
   
   
1. The Payment Date defines how the Contract Price is payable. The Purchaser shall make payment, provided the Supply complies with the Contract, within 30 days after receipt of an invoice submitted on or after a Payment Date.
   
   
4. DELIVERY AND TIME FOR PERFORMANCE
   
   
1. Time shall be of the essence. The Authorised Officer must be notified and his consent obtained to any extension of time.
2. Access to Purchaser premises, facilities or storage by the Supplier shall comply with the reasonable requirements of the Purchaser and shall be at the Supplier’s risk.
3. If either party is unable to make or accept the Supply, through
• strike, lockout by employees, war or civil commotion
• cessation or serious interruption of land, sea or air communications or power supplies
• exceptionally adverse weather, fire or other unavoidable cause
  It shall immediately notify the other party and then the disabled party may decline to make or accept the Supply. The Purchaser shall notify the Supplier within 30 days of the end of that period whether it requires the Supply to be recommenced, varied or cancelled (without further liability to either party). Where the Supply is recommenced the Contract shall be varied to extend the time for completion or delivery of the Supply by the period of disability.
4. At the completion of the Supply the Supplier shall remove all materials from the Site (unless otherwise instructed) and permanently reinstate any damaged areas or surfaces and leave the Site in a clean condition ready for occupation.
   
   
5. PROPERTY RISK AND ACCEPTANCE
   
   
1. Without prejudice to any of the rights or remedies of the Purchaser (including those under Clause 7), property and risk in any Goods shall pass to the Purchaser on delivery or when the Authorised Officer notifies acceptance in writing where the Goods are to be subject to testing, whichever shall be the later.
   
   
6. DESPATCH OF GOODS AND DAMAGE IN TRANSIT
   
   
1. The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) Goods which fail to arrive or arrive damaged.
   
   
7. INSPECTION AND REJECTION
   
   
1. The Supplier shall assist the Purchaser or his authorised representatives (free of charge) to make any inspections or tests the Purchaser may reasonably require of the Supply at any time prior to acceptance.
2. The Purchaser may suspend the Supply in whole or in part without paying compensation if the Authorised Officer is reasonably of the opinion that the Supplier is in breach of Clause 10.
3. The Purchaser may reject the Supply in whole or in part before acceptance if it is not completely in accordance with the Contract or becomes so during any Guarantee Period (including without limitation any slight or minor variation) and in such circumstances may, without prejudice to other rights or remedies:-
• have the Supply repaired, re-done or replaced by the Supplier with a supply which complies in all respects with the requirements of the Contract
• require a refund from the Supplier
• make a reasonable deduction from the Contract Price determined by the Authorised Officer
• have the Supply repaired, re-done or replaced by another supplier and charge to the Supplier any cost or expense to the Purchaser which exceeds the Contract Price.



8. LABELLING AND PACKAGING
   
   
1. The contents shall be clearly marked. All containers of hazardous goods (and all relevant documents) shall bear prominent and adequate warnings. Product Data Sheets required by the Control of Substances Hazardous to Health Regulations 1988 and the Chemicals (Hazard Information and Packaging) Regulations 1993 must be provided (in a form suitable for photocopying).
2. All packaging materials will be considered non-returnable.
   
   
9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
   
   
1. The Supply shall not infringe the intellectual property rights of any third party.
2. All rights (including without limitation ownership and copyright) in any specifications, information, instructions, plans, drawings, patterns, models, designs or other material furnished to or made available to the Supplier by the Purchaser or obtained by the Supplier in connection with the Contract shall remain vested solely in the Purchaser and shall be kept confidential.
3. Where the Contractor has access to information about people, it shall ensure that in making the Supply, the provisions of the Data Protection Act 1998 are observed (and also Purchasers’ data protection requirements notified to the Supplier).
4. This clause shall apply both during the Contract and after its termination.
5. The intellectual property rights (including without limitation copyright) in anything arising out of the Supply shall vest in the Purchaser.
   
   
10. HEALTH AND SAFETY
    
    
1. Without prejudice to the generality of Clause 2.1 the Supplier in making the Supply shall have full regard to safety of persons who may be affected in any way and shall comply with the requirements of the Health and Safety at Work Act 1974 and its subordinate regulatory framework, and of any other Acts pertaining to the health and safety of persons.
2. The Supplier shall conduct all necessary tests and examinations prior to delivery of the Supply to ensure that the Supply is designed, constructed and delivered so as to be safe and without risk to the health or safety of persons using them. The Supplier shall give the Purchaser adequate information about the use for which the Supply has been designed and has been tested and about any conditions necessary to ensure that when put to use the Supply will be safe and without risk to health.
3. Throughout the progress of any Works, the Supplier shall keep the Site in an orderly state and shall provide and maintain at its own cost all lights, guards, fencing and warning signs for the protection of the Works and the safety and convenience of the public and others.
   
   
11. INDEMNITY AND INSURANCE
    
    
    1. Without prejudice to any rights or remedies of the Purchaser (including those under Clause 7) the Supplier shall indemnify the Purchaser against all matters of any kind arising in contract, tort, statute or otherwise directly or indirectly out of the wrongful act, default, breach of contract or negligence of the Supplier, its sub-contractors, employees or agents in the course of or in connection with the Contract. Without prejudice to the generality of the foregoing this indemnity shall extend to (and not be limited) in respect of death or injury to persons, damage to property, prevention of corruption, the infringement of intellectual property rights, health and safety, race relations, data protection and Ombudsman investigations.
    2. The Supplier shall effect, with a reputable company, public and employer’s liability and other insurances necessary to cover the risks contemplated by the Contract and shall at the request of the Purchaser produce the relevant policy or policies together with receipts or other evidence of payment of the latest premium due thereunder. Public liability cover of at least £5 million shall be obtained, unless agreed otherwise with the Authorised Officer. Where the Supply is a supply of consultancy services the supplier shall maintain professional indemnity insurance during the Contract period and for 6 years afterwards to cover its liability to the Purchaser under the Contract.
       
       
12. RACIAL DISCRIMINATION, OMBUDSMAN INVESTIGATIONS AND HUMAN RIGHTS
    
    
1. The Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of Race Relations Act 1976, Sex Discrimination Act 1975, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, and the Employment Equality (Religion and Belief) Regulations 2003 or any statutory modification or re-enactment thereof relating to discrimination in the provision of services to the public or in employment or contravene the Human rights Act 1998. The Supplier shall to the extent relevant to delivery of the supply comply with the Purchaser’s equal opportunities policy attached hereto as Appendix 1. The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants, employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract.
2. If either the Purchaser’s internal or external auditors or if the Commissioner for Local Administration (the Ombudsman) shall wish to investigate the Contract, then the Supplier shall provide such information, access and co-operation as those persons may reasonably require.
   
   
13. FREEDOM OF INFORMATION
    
    
1. The Contractor acknowledges that the Council has obligations relating to the disclosure of information pursuant to the Freedom of Information Act 2000.
2. The Contractor shall use its best endeavours to assist the Council in discharging its obligations under the Freedom of Information Act 2000 arising from any request for information which the Council receives in connection with this Contract, the Supply Services or Works.
   
   
14. PREVENTION OF CORRUPTION
    
    
1. The Purchaser may terminate the Contract and recover all its loss if the Supplier, its employees or anyone acting on the Supplier’s behalf do any of the following things:
• offer, give or agree to give to anyone any inducement or reward in respect of this or any other Purchaser contract (even if the Supplier does not know what has been done); or
• commit an offence under the Prevention of Corruption Act 1889 to 1916 or under Section 117(2) of the Local Government Act 1972; or
• commit any fraud in connection with this or any other Purchaser contract whether alone or in conjunction with Purchaser members of employees.



15. TERMINATION
    
    
1. The Purchaser may also by notice in writing terminate the Contract in whole or in part (and enter upon and expel the Contractor from any premises or site to which he has been given access) if any of the events specified in Clause 14.2 occur. No period of notice shall be required but the notice shall state the date on which it is to take effect.
2. The events referred to in Clause 14.1 are:-
• the Supplier has failed to make the Supply within the time specified in the Contract
• the Supplier has breached the Contract in a way which the Purchaser reasonably regards as irremediable, which may include, without limitation, repeated and/or persistent remediable breaches of the Contract
• the Purchaser has given the Supplier at least one month’s notice to remedy a breach of Contract which can be remedied and the Supplier has failed to do so
• the Supplier has without reasonable cause failed to proceed diligently with or wholly suspends performance of any Services or Works
• the Supplier shall have a receiver appointed over all or substantial part of his or its assets or (if an individual) be declared bankrupt or (if a company) shall go into liquidation or have an administrator appointed to manage its affairs.
3. In the event of termination of the Contract or rejection under Clause 7, the Purchaser may engage another Contractor to make the Supply and the supplier shall be liable to pay the Purchaser as a debt any extra cost that the Purchaser incurs in so doing in excess of the Contract Price.
   
   
16. ASSIGNMENT AND SUB-CONTRACTING
    
    
1. The Supplier shall not without the written consent of the Authorised Officer assign or sub-contract the benefit or burden of the whole or any part of the Contract. No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract.
   
   
17. PURCHASE OUTSIDE THE CONTRACT AND THIRD PARTIES
    
    
1. The Purchaser shall have the right to employ a person other than the Supplier to make supplies of the same type as is contemplated by the Contract if it shall in its absolute discretion think fit to do so.
2. Notwithstanding any other provision of this Contract nothing in this Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
   
   
18. NOTICES
    
    
1. Any notice about the Contract may be sent by hand or by ordinary, registered or recorded delivery post or transmitted by facsimile transmission or other means of telecommunications resulting in the receipt of written communication in permanent form and if so sent or transmitted to the address of the party shown on the Contract, or to such other address as the party has notified to the other, shall be deemed effectively given on the day when in the ordinary course of the means of transmission it would be first received by the addressee in normal business hours.
   
   
19. GOVERNING LAW
    
    
1. These Conditions shall be governed by and construed in accordance with English law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the English courts