Terms & Conditions

MBO Terms and Conditions of Engagement

The following Terms and Conditions of Engagement shall apply to all of ‘the Services’ carried out by ‘the Consultant’ on behalf of ‘the Client’. They shall constitute the sole contract between the Company and the Client until such time that they are replaced by a written, agreed, signed and subsequent ‘Contract of Engagement’.

‘The Services’ shall mean the scope of the services, duties and activities provided by the Company to the Client as defined in the attached quotation.

‘The Consultant’ shall mean MBO Safety Services Limited.

‘The Client’ is the person, company, authority or other body who instructs the Consultant to carry out the work and shall mean the addressee detailed in the attached quotation letter.

‘The Agreement’ refers to these Terms and Conditions of Engagement.

The Contract is between the Client and the Consultant.

The Client confirms that it is entering into this Agreement wholly on its own behalf and not on behalf of or for the benefit of any other party and agrees that in the event of any claim for breach of contract arising out of or in connection with the Agreement it shall be entitled to recover from the Consultant only the losses, if any, it has itself suffered.

The Client agrees to co-operate with the Consultant and shall provide any support information and facilities to the Consultant as required.

The Client shall ensure that no materials supplied by them to the Consultant infringe the legal rights of any third party.

The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Consultant for the purpose of providing the Consulting Services for a period of three years after completion of the Consulting Services.

The Consultant shall in the performance of the Services (as defined in the quotation letter to include any quotations for training where applicable) exercise and will continue to exercise the reasonable skill, care and diligence to be expected of a properly qualified and competent consultant experienced in the provision of such services.

The Services shall be provided by the Consultant for the sole benefit and use of the Client unless otherwise agreed in writing by the parties. Unless otherwise agreed in writing by the parties, no person other than the Client may rely on any report or other communication made in writing or otherwise by the Consultant in relation to the Services.

The fees for the Services stated in the quotation letter are valid for 60 days only or until earlier acceptance by the Client, after which time they may be altered by the Consultant.

All fees are subject to change without notice and shall be confirmed at the time of instruction or renewal of our Services.

The Consultant shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Consultant’s obligations in relation to the Services, if the delay or failure to perform was due to any cause beyond the Consultant’s reasonable control.

In consideration of the performance of the Services the Client shall pay to the Consultant the fees stated in the quotation letter. If the Consultant is required by the Client to provide additional services outside the scope and nature of the Services set out in the quotation letter this will be agreed in writing.

In the event that the Client requests the Services to be aborted, the Client shall pay to the Consultant the reasonable fees commensurate with the amount of work completed by the Consultant. For the avoidance of doubt the reasonable fees will include for the preparation of reports or other deliverable items actually carried out whether or not the Client requires them to be issued.

All monies due to the Consultant shall be paid in UK £ sterling.

VAT will be applied at the prevailing standard rate on all invoices rendered.

On acceptance of the Quotation, including any quotations for training, the Consultant will invoice the Client for the full amount as described in the Quotation. Full payment is required from the Client before any reports, results, certification or documentation from the consultation work or training course is released.

The Company may invoice the Client for a Service at any time after the confirmation of an order. Unless otherwise stated, all invoices shall become due upon receipt of Invoice. The Client shall pay all invoices at any time before the expiry of the invoice due date. If any invoice supplied by the Company to the Client is not paid by its due date the Company may cease to provide services or supply goods without prejudice to any of the Company’s existing rights.

The Client will be provided with a Task Sheet for the scope of work completed. By signing the Task Sheet, the Client confirms acceptance of a satisfactory level of work completed. Once the Task Sheet has been signed the Client agrees that they cannot dispute this at a later date and agrees that they will receive an invoice for the work outlined as per the signed Task Sheet inline with the Quotation Letter accepted.

It is the Clients responsibility to ensure the minimum requirement of the services are met as outlined. Failure to meet the minimum requirement as agreed and confirmed, the client shall be invoiced for the full amount.

Debts owed to the Company by Client will be subject to the Company’s debt recovery procedures. Such procedures are subject to change without notice. Unpaid debts to the Company will ultimately be enforced by court action and the Client will be liable for all legal costs incurred. Interest shall be charged at 8% above base rate from date of completion of our Services where payment is not received within 30 days of such completion.

Clients can request to reschedule confirmed Services, however written communication must be received 14 days prior to the Company’s confirmed date, otherwise the full fee will apply for the Services.

Please note for Training: On receipt of the completed Training Course Order Form, full payment will be due following which a Training Confirmation Letter and invoice will be issued.

MBO Safety Services Limited reserves the right to move courses at its discretion, to ensure the quality of our courses are maintained. The Client may request a refund if the course is moved after 3 occasions.

Clients can cancel attendance, however, this must be done 14 days prior to the course or the full course fee will apply.

Clients can request a date change, however, this is at the discretion of MBO Safety Services Limited and will incur an administration charge of £50.00 plus VAT for each request.

The fee paid is non-refundable and we cannot be held responsible for any cancellations or non-attendance.

An additional charge for any exam retakes, a fee will be charged per exam that is being re-taken.

The amount of Professional Indemnity Insurance to be carried by the Consultant shall be £2 million in the aggregate. The Consultant shall effect Professional Indemnity Insurance for a period of six years from the completion of the Services, unless otherwise stated in the quotation letter, provided that such insurance is available in the market for such services at commercially reasonable rates and terms.

The Consultant’s total liability under this Agreement for any claim whether in contract or in tort in negligence or for breach of statutory duty or otherwise shall not exceed £1 million. The Consultant shall not be liable for any consequential losses incurred by the Client.

The amount of Public Liability Insurance to be carried by the Consultant is £5 million unless otherwise stated in the quotation letter.

In the event of a dispute, which proves unresolvable by discussion and negotiation, the Consultant and the Client hereby jointly agree to an initial process of Mediation which, if unsuccessful, is to be followed by Adjudication under the relevant statutory scheme. All costs, other than legal costs associated with the process shall be borne in equal share by the Consultant and the Client.

The Company shall not be liable for any loss of business or profit or consequential loss of the Client arising from any defect in, or performance of, any goods supplied or failure to render service or provide supplies due to any matter beyond the Company’s control.

All intellectual property rights and copyright associated with the Consultant’s services shall remain vested in and the property of the Consultant.

The provision of the services shall be governed by and construed in accordance with English Law and the English Courts shall have non-exclusive jurisdiction with regard to all matters arising therefrom.

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MBO Test Centre – Terms and Conditions

About these Terms and Conditions
1.1 The following Terms and Conditions of Engagement shall apply to all of ‘the Services’ carried out by ‘the Company’ on behalf of ‘the Client’. They shall constitute the sole contract between the Company and the Client until such time that they are replaced by a written, agreed, signed and subsequent ‘Contract of Engagement’.

1.2 In these terms and conditions, the following words will be used and have the following meanings:

“Booking” means an application made by the Client to book a Test on these Conditions.

“Conditions” means these Terms and Conditions.

The Services’ shall mean the scope of the services, duties and activities provided by the Company to the Client as defined in the attached quotation.

‘The Company’ shall mean MBO Safety Services Limited (CITB Approved, MBO Test Centre).

‘The Client’ is the person, company, authority or other body who instructs The Company to carry out the work and shall mean the addressee detailed in the attached quotation letter.

‘The Agreement’ refers to these Terms and Conditions of Engagement.

The Contract is between the Client and the Company.

The Client confirms that it is entering into this Agreement solely on its own behalf and not on behalf of, or for the benefit of, any third party. The Client further agrees that, in the event of any claim arising from a breach of contract, such claim shall be limited to the Client only.

‘Contract’ means the contract between MBO Safety Services Limited ‘Company’ and the ‘Client’ for the Test booked in accordance with these Conditions.

‘Test’ means any variant of The Company testing services including, but not limited to, the Health, Safety and Environment (“HS&E”) test.

‘Test Fee’ means the price paid by the Client for the Test in accordance with condition 3 (Price and Payment) of these Conditions.

‘Third Party Booking Agent’ refers to any individual, firm, company, or other legal entity—whether incorporated or unincorporated that submits an application to book a Test with the intention of reselling or otherwise providing that Test booking to a third party for profit. For the avoidance of doubt, an employer booking a Test on behalf of its employee shall not be considered a Third Party Booking Agent.

‘Working Day’ means a day other than a Saturday, Sunday, public or bank holiday in England.

1.3 In these Conditions:
a) a reference to a statute or statutory provision is a reference to it as amended, extended, re-enacted or replaced from time to time and shall include any subordinate legislation made from time to time under that statute or statutory provision as amended, extended, re-enacted or replaced;
b) a reference to one gender shall include a reference to the other genders;
c) a reference to words in the singular shall include the plural and vice versa;
d) words that appear after the expression include, including, other, for example, such as, in particular (or any similar expression) shall be construed as illustrative and shall not limit the meaning of the words appearing before such expression;
e) the headings are for convenience only and shall not affect their interpretation.

1.4 These Conditions replace all other terms and conditions previously applicable to any Booking and shall apply to any Booking to the exclusion of any other terms and conditions. We may at any time revise these Conditions, in whole or in part, without notice.

1.5 Each time The Client makes a Booking, the Client will check these Conditions to ensure they understand the applicable terms and conditions and any Contract formed under them. Access and use of the Company website in respect of the Client Booking shall constitute the Client acceptance of the Company website terms and conditions which can be viewed at Terms & Conditions | MBO Safety Services.
We explicitly state the Company is not part of CSCS or CITB. An admin fee is charged for using the service.
The Company reserves the right to change the policies and terms without notice.

2. Contract Formation /Agreement
2.1 The Contract will be between the Client and the Company on these Conditions to the exclusion of all other terms and conditions and all previous oral or written representations.
2.2 The Company reserves the right to refuse any Booking made by the Client at its absolute discretion including without limitation if it has reasonable grounds to believe The Client is a Third Party Booking Agent.
2.3 The Client’s booking shall be deemed an offer to purchase the Test in accordance with these Conditions. By making the booking, the Client represents and warrants that they are not acting as a Third Party Booking Agent in relation to the Test.
2.4 A booking shall only be deemed accepted by the Company once the Client receives an email or other written confirmation of the booking. This confirmation may be issued by MBO Safety Services (on behalf of CITB).
2.5 The Contract shall come into effect on the date the Company receives written confirmation (PO Number) from the Client accepting the booking. No Contract shall be deemed to exist until such written confirmation has been issued by the Client.
2.6 The Contract shall constitute the entire agreement between the Company and the Client.
2.7 The Client acknowledges that, in entering into this Contract, they have not relied on any statement, promise, or representation made by or on behalf of the Company, except for those expressly set out in the Contract.

3. Price and Payment
3.1 The price for each type of HS&E Test shall be the standard CITB fee plus the Company administration fee. The Company reserves the right to change these prices at any time without notice. All monies due to MBO Safety Services shall be due in UK sterling (GBP) payable at the time of booking the Test. No payment will be deemed to have been received until the Company has received cleared funds.
3.2 It is the Client’s responsibility to ensure that the product or service selected is suitable for their intended purpose. The Company accepts no liability for the Client selecting an incorrect test, card, or course based on information or guidance provided via the website, phone, email, or any other form of communication. Such information is intended as a general guide only. The Client is strongly advised to consult with their site foreman or employer to confirm the correct card, course, or test required for their needs or for the individual on whose behalf the booking is made.

4. Test Procedure
4.1 If any details contained in the Client’s quotation, confirmation letter, or email are incorrect, the Client must contact the Company immediately on 08000 842 297 to request the necessary amendments.
4.2 If the Client is unsure of which type or category of Test to book, the Client can visit the Card Finder tool at www.cscs.uk.com/cardfinder. The Client will need to enter occupation and qualification into Card Finder and follow the steps on screen to find the level of Test they require.
4.3 Once the Client has completed and accepted the Booking Form, a Registration Form will be emailed by the Company. This form must be completed and returned via email within 24 hours. Failure to return the form within the specified timeframe may result in the Company being unable to guarantee the scheduled date.

5. Admission Policy
5.1 It is the Client responsibility to ensure that they arrive at the Test Centre 30 minutes before the Test start time.
5.2 The Company will accept no responsibility or any refund for Clients who arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance.
5.3 In the event that rescheduling becomes necessary due to technical issues with software or an emergency evacuation, the Company shall not be held liable for any compensation, refunds or the cost of a re-test.

6. Identification Requirements
6.1 The Client is required to bring one form of primary identification (“Primary ID”) with them on the day of testing. The Primary ID must show The Client full name and include a recognisable photograph as well as The Client signature.
6.2 All documents presented as Primary ID must be original (no photocopies or digital copies), be valid at the time of being provided (not expired) and be in The Client name (which must be the same as the name on the Test Booking).
6.3 Acceptable forms of Primary ID are listed below:
• A valid passport of any nationality
• A valid UK or European photocard driving licence
• A valid Biometric Residence Permit (BRP) or Biometric Residence Card (BRC) – only to be used as primary ID with a signature.
6.4 If The Client does not have the required form of Primary ID, they will need to bring two forms of secondary identification (“Secondary ID”) with them to the Test Centre. This must include one from List A and one from List B below:

List A Must be valid and include the candidate’s name and a recognisable photograph	List B Must be valid and include the candidate’s name and signature
Non-UK/Non-EU Photocard Driving Licence	Credit Card
Passport without signature	Debit Card
European National Identity Card	UK Paper Driving Licence (issued before 31 March 2000)
CitizenCard or other proof of age card showing the PASS hologram
Young Scot Card showing the PASS hologram
CSCS card or CSCS Partner card showing the CSCS Logo (Hologram)
UK Armed Forces ID card
UK Armed Forces Veteran ID Card
UK Home Office Travel Document
Biometric Residence Permit (BRP) or Biometric Residence Card (BRC) without a signature

6.5 If the Client is unable to provide any of the required Primary or Secondary forms of identification, they must complete a CITB HS&E Test ID Waiver Form or contact 0344 994 4488 for further assistance. Upon request, the Company can provide the waiver form via email.
6.6 Prior to taking the Test, the Client is required to sign the E-PAD to confirm acceptance of the stated Terms and Conditions. Additionally, the Client’s photograph will be taken at the Company premises as part of the identification and verification process
6.7 If the Client does not bring suitable ID on the day of the test, The Client will not be allowed to take the Test.

7. Special Assistance
7.1 All special assistance or additional support must be arranged by the Client in advance with The Company and must be discussed at the booking stage.
7.2 If the Client has difficulty with reading, all test stations are equipped with headphones that provide an English voiceover of the Test. The Client must notify the Company of this requirement both at the time of booking and upon arrival for the Test. Company staff will also explain the Test procedure to the Client during the check-in process.
7.3 If the Client has not declared any special assistance to be required, at the booking stage, the Client will still have the option to take the Test, however it will not include any special assistance features/options.

8. Revision Materials
8.1 Revision materials are available for purchase in both book and electronic formats for all Health, Safety and Environment (HS&E) test types. This must be specified at the time of booking and will incur an additional charge.

9. Tutorial
9.1 It is the Client’s responsibility to ensure they understand how the Test is conducted. The Company staff will provide an explanation of the Test process, after which the Client will have the opportunity to complete a tutorial demonstrating the Test’s appearance and functionality on screen. This tutorial is not a practice test but is strongly recommended to help the Client become familiar with the system. Please note that once the Test begins, it cannot be paused or interrupted.

10. Test Results
10.1 All Clients will receive written confirmation indicating whether they have passed or failed the Test. Regardless of the result, the score report will also identify areas of weakness where questions in specific subject areas were answered incorrectly.
10.2 The Test Fee is not refundable if the Client does not arrive or arrives late at the Test Centre for their scheduled Test. Furthermore, if the candidate fails their Test, they will not be allowed to re-sit the Test within 48 hours.
10.3 If you request a duplicate pass certificate, this will incur a £20.00 administration charge.
10.4 The Company is unable to amend the result of a Test whatever the circumstances.

11. Conduct
11.1 The Client should not bring anyone into the Company Test Centre with them. Clients are reminded that the Company Test Centre is not equipped to accommodate or store large personal items, including but not limited to luggage, work tools, or bulky equipment. Additionally, the Company Test Centre cannot securely store clients’ bicycles (or other modes of transportation); these must be stored outside the premises at the Client’s own risk.
11.2 All personal belongings carried by the Client including, but not limited to, keys, mobile phones, bags, watches, and wallets must be stored in the personal locker provided at the Company premises. The Client is strictly prohibited from referring to any documents during the Test.
11.3 The Company Test Centre is equipped with CCTV, and all Tests are recorded for security purposes and for the detection or investigation of fraud. CCTV footage is securely retained for up to 30 days.
11.4 Any misconduct by the Client during the Test will result in the Test being terminated, the Client’s result being voided, and the Test Fee forfeited. Clients found to have engaged in serious misconduct, including cheating, may lose the right to take future Tests.
11.5 Company staff will provide clear instructions to the Client on how to alert them in the event of any technical difficulties encountered during the Test.
11.6 Clients that are unhappy with the way in which the Test has been conducted should bring the matter to the attention of the Test Administrator or Test Centre Manager at the time of the Test.
11.7 If the Client is unable to resolve the matter at the Test Centre, the Client should either ring the Customer Service Team on 0344 994 4488, email citb.testingcustomerservices@pearson.com or write to Customer Service Team, CITB c/o Pearson VUE, The Lighthouse, 14 The Quays, Salford Quays M50 3BF. The Client must do this within 15 working days of sitting the test.
11.8 If, after receiving a response from the Customer Service Team, the Client is still not satisfied, the Client can write to the HS&E Test Product Manager, CITB, Sand Martin House, Bittern Way, Fletton Quays, Peterborough, PE2 8TY or email testingservicesfeedback@citb.co.uk.

12. Rescheduling/Cancelling the Test
12.1 If the Client wishes to reschedule/cancel the Test, the Client must do this at least 4 days prior the agreed Test Date and no charge will apply.
12.2 If the request to reschedule/cancel the Test, is made by the Client within 4 days of the Test Date, the fee will be non-refundable.
12.3 Any rescheduling/cancelling requests have to be made in writing via email to info@mbo.ltd giving at least the required 4 days’ notice.
12.4 Requests not received by email, will not qualify for a refund, and a new Test will need to be booked.
12.5 Any refunds will incur a £20.00 administration fee.
12.6 Refunds will be made by BACS via online, and the Company will require the Client’s Sort Code and Account number, including the full name of the account. The refund will be made within 20 Working Days of receipt of a valid request.
12.7 Rescheduled Tests must be taken within 2 years of the original Test payment receipt date.

13. Package Test
Where a Client has purchased a package that includes the Test, please refer to our standard Terms & Conditions | MBO Safety Services.

14. The Company Right to Cancel
14.1 The Company reserves the right to cancel a Test, including on the day it is scheduled, if circumstances beyond its control arise, such as power outages, security alerts, or software malfunctions. In such cases, the Client will be offered an alternative Test date. No further liability will be accepted by the Company.
14.2 In addition, the Company may terminate the Contract immediately (without liability to the Client) if the Client is in material breach of any of these Conditions. For the avoidance of doubt, the purchase of a Test by a Third Party Booking Agent shall be construed as a material breach of these Conditions.
14.3 Due to the nature of the services provided, the Company will commence delivery of the Service immediately upon receipt of the Client’s Purchase Order (PO) number.
14.4 By providing a PO number and completing the booking form, the Client is authorising the Company to start delivering the service immediately which means the Client will not have the right to cancel the agreement at this stage. This provision does not affect the Client other statutory rights as a consumer.

15. Liability
15.1 Nothing in these Conditions shall limit or exclude the Company liability for death or personal injury caused by negligence or any other liability which cannot be limited or excluded by applicable law.
15.2 Subject to condition 14.2, the Company shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
• Any loss of profits, business, earnings, contracts, revenue, data, goodwill, anticipated savings or for any administrative inconvenience or disappointment; and/or
• For any indirect, special or consequential loss of any nature whatsoever.
15.3 Subject to condition 14.2, the Company total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), for breach or statutory duty, or otherwise, shall in no circumstances exceed the total Test Fee paid by the Client for the scheduled Test to which the Contract (or any claim) relates.
15.4 This condition shall survive the termination of the Contract.

16. Force Majeure
16.1 The Company shall not be held liable to the Client for any failure or delay in fulfilling its obligations under the Contract where such failure or delay is caused by circumstances beyond its reasonable control. These may include, but are not limited to, industrial action or strikes, utility service failures, system or network outages, natural disasters, fire, flood, explosion, accidents, acts of war or terrorism, pandemics, or compliance with legal or regulatory requirements.

17. General
17.1 The Company uses the personal data the Client provides for various purposes including the provision of the Test and other services in accordance with the Company Privacy policy.
17.2 Nothing in the Contract is intended to, or shall be deemed to, create a partnership or joint venture between the parties.
17.3 The Client shall not be entitled to assign all or any part of the rights or obligations under the Contract.
17.4 Another Client who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17.5 If any provision or part-provision of the Contract is held to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to a provision or part-provision shall not affect the validity and enforceability of the rest of the Contract.
17.6 The Contract and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual claims) shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any such disputes or claims between us.

18. CSCS Cards Applications
18.1 Any client requesting a refund after placing an order will be subject to a £20.00 administration fee. Where the Company has already reviewed the Client’s documentation and determined that it is unsuitable for the card application, the full fee will remain non-refundable.
18.2 Once the Company has commenced work on the application or the process has progressed beyond the initial assessment stage, all fees shall be non-refundable in all other instances.
18.3 All CSCS Card applications which have been submitted (completed) are non-refundable.
18.4 The issuance of new or renewed CSCS card is not guaranteed to occur automatically. Additional steps or documentation may be required to complete the application process.
18.5 The Company will contact the Client via email to request any necessary documentation required to process the Client’s CSCS card application. The Client must respond and provide the requested documentation within 5 working days. Failure to do so will result in the Client being ineligible for a refund.
18.6 If the Client does not receive the CSCS card or any information request within 14 days of the Client application, the Client must contact the Company.
18.7 The Company cannot guarantee a specific timeframe for the delivery of CSCS cards. As the cards are not issued directly by the Company, delivery times may vary depending on the processing times of the issuing authority.