Privacy policy

Key details

This privacy policy describes how MyDGSA protects and makes use of the information you give us when you use this website or as a result of services provided to you.

If you are asked to provide information it will only be used in the ways described in this privacy policy.

This policy is updated from time to time. The latest version is published on this page.

This website privacy policy was updated on: 15th May 2018

If you have any questions about this policy, please email This email address is being protected from spambots. You need JavaScript enabled to view it.mydgsa.co.uk

Introduction

 

We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website.

We also collect information to better understand how visitors use this website and to present timely, relevant information to them.

The data we may gather

We may collect the following information:

  • Name
  • Contact information including email address
  • Demographic information
  • Website usage data
  • Other information relevant to client enquiries and additional details as part of services provided to you

How we use this data

Collecting this data helps us to understand what you are looking for from us, enabling us to deliver improved products and services.

Specifically, we may use data:

  • For our own internal records.
  • To improve the products and services we provide.
  • To contact you in response to a specific enquiry.
  • To send you promotional emails about products, services, offers and other things we think might be relevant to you.
  • To contact you via email for market research reasons.

Controlling information about you

If you have agreed via 'Opting in' that we can use your information for marketing purposes you have a right to unsubscribe at any time. Also you have the right to access, rectification and deletion of your information at any time. To excercise these rights either:

  • Send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.@mydgsa.co.uk
  • Click ‘unsubscribe’ at the bottom of any one of our emails

We will never lease, distribute or sell your personal information to third parties unless we have your permission or the law requires us to.

Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 1998, and GDPR.

Security

We will always hold your information securely.

We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 1998 and GDPR.

Links from our site

We don't have control of content from websites that may be linked to outside of the domain www.mydgsa.co.uk or www.mydgsa.com. If you provide information to a website which we link to we are not responsible for its protection and / or privacy.

Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.

 

Terms and conditions

Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern MyDGSA’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term MyDGSA or us or we refers to the owner of the website whose registered office is 5 Portloc Drive Wigston LE18 2GQ. The term you refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, we or third parties may use the information.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

MyDGSA TERMS AND CONDITIONS RELATING TO THE PROVISION OF DANGEROUS GOODS SAFETY ADVISOR SUPPORT AS PER ADR 1.8.3.1

(i) MyDGSA whose office is at 5 Portloc Drive Wigston Leicester LE18 2GQ (the Company);

The client – you, refers to the user or viewer of this website in connection with MyDGSA support in your undertakings with dangerous goods (the Customer)

It is agreed as follows:

DEFINITIONS AND INTERPRETATIONS

In this Agreement the following expressions shall, unless the context otherwise requires, have the following meanings:

‘Carriage by Road’ to include movement by road, including carriage by rail or sea on any Customers’ vehicles, where movement is defined as the process from the point of loading Dangerous Goods onto a vehicle to the point of off-loading from a vehicle at the nominated destination.

‘Charges’ monies payable by the Customer to the Company as incurred and as calculated from those costs set out in Schedule I

‘Commencement Date’ the commencement of business.

‘Dangerous Substances’ goods classified under the relevant legislation

‘Parties’ the Parties to this Agreement.

‘Site’ any factory or warehouse location operated by the Customer for which the service is performed.

‘ADR’ the conditions as laid down in the current revision of The European Agreement concerning the International Carriage of Dangerous Goods by Road.

‘CDG’ the conditions as laid down in the current revision of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations.

‘Termination Date’ the termination of business.

In this Agreement the following expressions shall, unless the context otherwise requires, have the following meanings:

a reference to a statute or statutory provision shall include a reference

to-that statute or provision as from time to time consolidated, modified, re-enacted or replaced by any statute or statutory provision;

to any repealed statute or statutory provision which it re-enacts, with or without modification; and

any subordinate legislation made under the relevant statute.

words in the singular shall include the plural and vice versa;

reference to a vehicle shall include any prime mover, whether articulated or rigid, together with any trailer, demountable body and all accessories used in the performance of this Agreement;

reference to a person or job title shall include a reference to a firm, a corporate body, an unincorporated association or to administrations;

a reference to a clause, sub-clause or schedule (other than a schedule to a statutory provision) shall be a reference to a clause, sub-clause or schedule (as the case may be) of or to this Agreement;

if a period of time is specified and dates from a given day or the day of an act or event, it shall be calculated exclusive of that day except in the case of a defined Time Window;

notifications, instructions and claims made by facsimile or electronic mail shall be deemed to have been made both verbally and in writing;

reference to any English law term for any action, remedy, method of judicial proceedings, legal documents, legal status, court official or any legal concept or thing shall in respect of any jurisdiction other than England to be deemed to include what most nearly approximates in the jurisdiction to the English law term.

The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision of this Agreement.

The designations adopted in the recitals and introductory statements preceding this clause apply throughout this Agreement.

It is recognised by the Parties that variations will be needed to this Agreement in the light of operational experience, and to that extent neither party shall unreasonably withhold its consent to variations recommended by the other, providing that such variations are reasonable and commercially acceptable to both Parties. Such variations will be recorded and signed by both Parties.

This Agreement and the documents referred to in it need to be read as a whole including the schedules attached.

TERM

This Agreement shall be effective from the Commencement Date (as advised) and shall remain in force for a minimum period of 12 months. Thereafter, the Agreement will continue indefinitely on a rolling basis until terminated by not less than 120 days notice in writing by either Party to the other.

OBLIGATIONS OF THE COMPANY

The Company shall during the Term of the contract provide the following services:

3.1 The Company will appoint suitably qualified personnel who will be allocated to the duties of fulfilling the Companies responsibilities outlined in this Agreement.

The Company will ensure that the appointed personnel shall:

  1. Monitoring compliance with the requirements governing the carriage of dangerous goods;
  2. Advising the company on the carriage of dangerous goods;

Preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the company’s activities in the carriage of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request.

To include monitoring the following practices and procedures relating to the relevant activities of the company:

The procedures for compliance with the requirements governing the identification of dangerous goods being transported;

  1. The company's practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;
  2. The procedures for checking the equipment used in connection with the carriage, loading or unloading of dangerous goods;
  3. The proper training of the company's employees and the maintenance of records of such training;
  4. The implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the carriage, loading or unloading of dangerous goods;
  5. The introduction of measures to increase awareness of the risks inherent in the carriage, loading and unloading of dangerous goods;
  6. Verification that employees involved in the carriage, loading or unloading of dangerous goods have detailed operational procedures and instructions;
  7. The implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations; where own transport is employed;
  8. The implementation of verification procedures to ensure compliance with the requirements governing loading and unloading where own facility is employed;
  9. The existence of the security plan indicated in 1.10.3.2. of ADR as required

Additionally to the annual cost, the following will be undertaken, at the pricing indicated in Schedule I:

  1. Investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the carriage, loading or unloading of dangerous goods;
  2. The implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;
  3. The account taken of the legal prescriptions and special requirements associated with the carriage of dangerous goods in the choice and use of sub-contractors or third parties;

The Company is responsible for ensuring that the appointed personnel perform these duties. In the event that any person does not perform the duties to a reasonable standard, the Customer reserves the right to ask the Company for a replacement, which is acceptable to the Customer. The Company will provide such a replacement within 30 days of the Customer’s request and without any financial liability or compromised operational exposure to the Customer.

3.2 The Company will provide suitably trained cover for the appointed personnel, which is acceptable to the Customer in the event that they may be

on holiday

on training provided by the Company

away from work either sick or for other acceptable reasons; or

on jury service

3.3 Where the Company seeks to use Sub-Contractors it will confirm to the Customer that it has an agreement with that Sub-Contractor which provides all the necessary protection for the Customer, and as amended by the Parties from time to time. The Company shall be responsible for the acts and omissions of the Sub-Contractor and any other person whose service the Company uses for the performance of the services. All Sub-Contractors used for this Agreement are to be approved prior by the Customer.

The Customer undertakes that at no time shall dangerous substances be transported in vehicles and equipment other than those approved by the Company, where such approval will not be unreasonably withheld by the Company and will be in writing.

The Customer will permit the Company, or its authorised representatives, at all reasonable times to enter all premises where the Company’s services, may from time to time be required, to inspect the conditions of those premises and the Customer is compliant with this Agreement, providing that such inspections do not disrupt the normal activities of the Customer.

The Customer will notify the Company of any changes in the relevant Customer’s operating sites and addresses.

The Company will submit invoices to the Customer in accordance with Clause 9 of this Agreement.

The Company will comply with all U.K. and European legislation, rules, regulations and guide lines concerning the provision of storage, handling and transportation services, including but not limited to:

Health and Safety at Work Act 1974;

Road Traffic Act;

ADR;

CDG; and

OBLIGATIONS OF THE CUSTOMER

The Customer will:

Consider and implement all advice/instructions given by the Company, as long as it is reasonably practical to implement the advice/instructions given

Pay the Charges in accordance with Clause 9 of this agreement.

Comply with all U.K. and European legislation concerning the operation, including but not limited to:

Health and Safety at Work Act 1974;

Road Traffic Act;

ADR;

CDG; and

5 FORCE MAJEURE

Either Party shall be relieved of any liability or obligation herein the fulfilment of which is prevented as a consequence of an Act of God, War, Fire, Riot, Civil Commotion and/or any statute of Government rule, order or obligation or any other cause beyond the reasonable control of both Parties.

6 INSURANCE AND INDEMNITY

6.1 [Reserved]

6.2 The Customer will fully indemnify and keep the Company indemnified against the following (including costs, expenses and interest):

third party claims in respect of death and/or injury to persons or damage to property due to the negligence or failure to fulfil the obligations set-out in the Agreement by the Customer, the employees and its servants, agents or Sub-Contractors, or demonstrably caused by any of the equipment used for the provision of the transport service

claims by the employees under statute or common law provided that nothing in this sub-clause contained shall impose on the Company any liability in respect of claims arising out of the negligence of the Customer, it’d employees, servants or agents;

any losses of or damage resulting from any actions or omissions of the Customer, the employees, its servants or agents or Sub-Contractors, occurring at the Customers Sites and away from the sites including loss or damage caused during the loading/or unloading of vehicles owned or being operated by the Customer its servants or agents or Sub-Contractors unless such a loss or damage has arisen from:

an Act of God

any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power, confiscation, requisition, destruction of or damage to property by or under the order of government or public or local authority;

any negligence or default of the Customer, its servants or agents;

seizure under legal process;

riot, civil commotion, lockouts or strikes, other than by the Customer or their Sub-Contractors, servants or agents.

the Company will not be liable for any loss or damage where such a loss or damage has arisen from:

loading and/or unloading of vehicles by the Customer’s Customers, suppliers, employees, servants or agents.

The Customer hereby undertakes that it will use reasonable endeavours to ensure at all times that the packaging and labelling of the Dangerous Substances which are in its possession or under its control shall at all times be in conjunction with the specific legislation and not be interfered with by the Customer, its employees or agents or any other third party but the Customer’s liability or obligations to the Company in respect of any breach of this undertaking shall not extend to circumstances where the interference is effected by a third party over which the Customer has no control other than in circumstances where the Customer or an employee, servant or agent has been negligent or where the Customer is in breach of any of the provisions of this Agreement.

Subject to Clauses 6.2 and 6.3 the Company shall have no further or other liability save that in the case of death or personal injury caused by the Customers negligence.

If no loss or infringement is notified by the Customer to the Company in writing within 30 days of such loss or infringement the Company, its employees, servants or agents shall be deemed to have no liability in respect of such loss or infringement.

No Party or the Company, its employees, servants or agents shall be responsible to the other Party for any loss of profit or other pure economic loss.

EARLY TERMINATION

Either Party shall have the right at any time during the period of this Agreement by giving written notice to the other to terminate this Agreement forthwith in any of the following events:

if the other Party enters into either administration or liquidation whether compulsory or voluntarily otherwise than for the purposes of amalgamation or reconstruction or compound with its creditors or has a receiver appointed over all or part of its assets;

if control of the other Party shall pass to any third party (and for the purpose of this Agreement ’control’ shall mean the right to exercise more than 50% of the aggregate voting rights attached to all the shares in the capital of the Customer or the Company (as the case may be)); and

if the other Party commits a breach of any of its material obligations under this Agreement or is persistently in default of its other obligations under this Agreement and if such breach is capable of remedy fails to remedy the same within 14 days of the written notice being given to it specifying the nature of the breach.

On termination of this Agreement upon breach or agreement of the Parties (the date of such termination being referred to as the ‘Termination Date’) the Customer shall be liable for no other payments to the Company other than the for the services provided to the Termination Date.

The Customer shall have the right at any time during the period of this Agreement by giving written notice to the Company to terminate this Agreement forthwith if the Company is subject to an investigation and/or discipline by the Health and Safety Executive, the Ministry of Transport or any European regulatory organisation or Court which prevents the Company providing the services.

Notwithstanding the provision in Clause 2 either Party may terminate this Agreement within 120 days by giving written notice to the other any time:

such early termination should give a minimum of 120 days notice, except where termination is evoked under Clauses 7.1, 7.2 or 7.3

PRICING

The Contractor will make the following Charges based on the costs agreed in Schedule I.

This Agreement will be subject to annual price reviews (where costs may rise or fall).

All charges (and payments) referred to in the Agreement are exclusive of Value Added Tax (VAT) and any fee or Charges imposed from time to time by any government or other authority and are subject to the addition of VAT at the appropriate rate.

After the first year from the Commencement Date in the event that the requirements change then either Party has the right to re-negotiate rates as appropriate to reflect any upward or downward movement in costs from the date of such an occurrence. However, no cost decreases will be accepted retrospectively by the Company.

It is agreed between the Parties that the Company is entitled by notice in writing to the Customer to amend Charges at any time as a result of government legislation, which results in increased direct cost to the Company of performing its obligations hereunder. Such notice shall specify the revised Charges, the reason therefore, and the manner in which they have been calculated, and any such revised Charges will reflect only the actual increased costs incurred by the Company and will take effect from the date on which such government legislation takes effect.

The Charges quoted in Schedule I will be capped for the first year following the Commencement Date, with the single exception of those circumstances defined in Clause 8.5.

PAYMENTS

The Customer shall pay punctually to the Company the Charges in the manner of the following:

the Company shall submit annual invoices to the Customer in respect of DGSA representation as set out in Schedule I.

The Customer will pay the agreed price in advance of representation and a week prior to the commencement of the next year..

the Company shall submit weekly invoices to the Customer in respect of additional work undertaken during the period, supported by original documentation, where required, as set out in Schedule I these invoices will be paid 30 days from date of invoice, it will be the intention of the Company to minimise the amount of cheques raised for payment.

All sums payable hereunder shall, if applicable, are subject to the addition of VAT at the rate prevailing from time to time.

The final payment will become due 30 days before the Termination Date. Any charges after an agreed Termination Date must be submitted within 30 days of the Termination Date.

Payments made to the Company in respect of either DGSA and/or ADR services and/or supplies are non refundable.

DISPUTES

In the event of any dispute or difference between the Parties hereto arising out of this Agreement, the Parties shall meet to try to resolve the dispute without resorting to proceedings. The meeting will be held within 7 working days of a written request from one Party to the other, which request will set out brief details of the dispute.

If the dispute or difference is not resolved as a result of such meeting, the Parties may agree that negotiations be entered into with the assistance of a neutral advisor and the dispute to be decided by arbitration.

If the Parties do not agree to resort to arbitration, either Party may issue proceedings in the English courts.

AUDITS

The Company may undertake audits on an annual basis to establish the Customers standing in relation to the relevant legislation the Company reserves the right to audit the relevant operations of the Customer by its authorised representatives at any time subject to such an audit being in normal business hours and subject to the Company giving the Customer reasonable notice of such an audit.

Such audits may result in the Company providing the Customer with a supplementary written list of requirements, which the Customer will, where practical and reasonable, action as soon as possible but within 30 days of agreement between the Parties such action will be taken and confirmed in writing by the Customer.

GENERAL

The Company will not disclose, copy or permit to be disclosed to any person, form or company any trade secret, confidential information, or knowledge or any confidential financial or trading information of or relating to the Customer or its group of companies.

Without prejudice to the generality of the foregoing, the Company hereby acknowledges that all information relating to the operation of the Company’s business including but not limited to the volume of sales, the identity of any supplier or customer and the nature and operation of this Agreement together with its content and the information set out in the Schedules or knowledge of the Customer is confidential. The Company undertakes to advise all of the employees, servants, agents and Sub-Contractors who are provided with this confidential information of the prohibitions against the disclosure or improper use of such information and acknowledges its responsibility for any such disclosure or improper use by any of the employees, servants, agents and its Sub-Contractors. Any confidential information of the Customers will be returned by the Company upon the Termination Date or at any time if requested by the Customer.

Each of the Parties hereto shall pay its own costs incidental to the negotiation, preparation and completion of this Agreement.

No announcement in connection with the subject matter of this Agreement shall be made by or on behalf of any of the parties hereto without the prior approval of the other.

This Agreement is personal to the Parties hereto and no Party shall be entitled to assign or in any way dispose of its rights or obligations arising hereunder without the prior written consent of the other Party which consent shall not be unreasonably withheld.

This Agreement shall be governed by English law and the Parties hereto hereby submit to the non-exclusive jurisdiction of the English courts.

Any notice required or authorised to be given hereunder and any process to be served in relation to or arising of this Agreement (hereinafter called ‘Notice’) shall be in writing and may be served personally or delivered to the address of the relevant Party as specified below or to such other address as either Party may from time to time notify to the other for this purpose. Any Notice may be sent by pre-paid recorded delivery letter or facsimile and shall be deemed to have been sent 48 hours after posting or simultaneous transmission (subject to the production of confirmation of transmission if requested).

if to the Company:

MyDGSA

5 Portloc Drive

Wigston

LE18 2GQ

Tel No: 0797 363 5377

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Attention: Simon Howes

if to the Customer:

(Details as supplied to MyDGSA)

During the continuance of the Agreement the Customer and Company will fully and in good faith co-operate with each other in order to provide with all possible expedition all information required by the other and to take all reasonable action as is necessary for the efficient transmission of information and instructions and to enable each of theirs to fulfil its obligations under the Agreement and to benefit from its terms.

This Agreement does not constitute a partnership or joint venture between any of the Parties.

In the event of any conflict or inconsistency between the terns of the Agreement and any of the Schedules, this Agreement shall take precedence.

The Company will not go to court on behalf of the The Customer to argue loopholes, perceived or otherwise, in ADR and/or CDG legislation. In entering into this contract The Customer understands and acknowledges that The Company will only advise on the correct legal operational obligations of ADR and/or CDG. It is the Customer’s responsibility to follow The Company’s instructions with regard to The Customer’s obligations according to ADR and/or CDG.

SCHEDULE I

To facilitate the annual provisions as indicted in 3.1 a to d the Customer will pay the Company;

£ (As agreed)plus VAT per twelve calendar months

Current rates for associated services that may be required are as follows:

Completion of Dangerous Goods Notes £50 each *
Load segregation checks £25 each load
Call out / investigation £350 call out, plus £50 per hour and mileage.
Flights and accommodation At cost
Mileage £0.45ppm

(*Typically Consignors will create their own DGNs to supply to the Carrier, however where this does not happen for some reason DGNs can be issued by the Company acting on the Client’s behalf.)