Terms & Conditions for Declaration Fee
Declaration: the Declaration submitted on behalf of the Users to CL:AIRE Initiatives by a Qualified Person;
Declaration Fee: the fee for the Services as described more fully in clause 1.2(b);
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Qualified Person / QP: a DoW CoP qualified person as listed on the register hosted by CL:AIRE here>>> see DoW CoP Appendix 6, pg 41.
Services: the services detailed in clause 1.2 excluding any other services including those in clause 1.3;
Users: defined in clause 1.1;
We / us: CL:AIRE and CL:AIRE Initiatives. CL:AIRE Initiatives Ltd (company number 13628954) operates the DoW CoP scheme. CL:AIRE Initiatives is a wholly owned subsidiary of CL:AIRE Ltd (company number 03740059, charity number 1075611); and
You: the Users.
- Outline of Process & Roles
1.1 DoW CoP users (Project teams & Qualified Person) ("Users") shall:
(a) Prepare all site information and planning documents in-line with the DoW CoP guidance document;
(b) Employ the services of a QP; and
(c) Arrange the QP to submit a Declaration document to CL:AIRE Initiatives via the DoW CoP Portal at [link]]
1.2 CL:AIRE Initiatives shall upon Receipt of the Declaration:
(a) Provide the appointed QP with a Receipt of the Declaration;
(b) Collect the DoW CoP Application fees from DoW CoP Users (identified in the Declaration form;
(c) Hold information from the Declaration and report it to the Environment Agency and Natural Resources Wales;
(d) Verify QP status as active at the time of the Declaration submission;
(e) Host guidance information on the use and application of the DoW CoP on the CL:AIRE website; and
(f) Provide wider general industry guidance on the management of land, contaminated land and groundwater.
1.3 CL:AIRE Initiatives shall not:
(a) Provide detailed project advice or review specific project details; or
(b) Accept or confirm any support or approval for projects using the DoW CoP.
2.1 Upon submission of the Declaration, CL:AIRE Initiatives will invoice you for the Services. Payment must be received within 28 days of the date of the invoice. Upon receipt of payment, an email confirmation will be issued. Please note that products and services will not be distributed or available to download until full payment has been received and your order confirmed.
2.2 The User shall have no right to cancel the Services once the invoice for the Declaration has been submitted. In no circumstances shall CL:AIRE Initiatives have any obligation to issue a refund once a Declaration Fee has been paid.
2.3 In the event of late or non-payment by you of any sums due, future use of the DoW CoP will be restricted and/or prevented to the organisation identified on the Declaration form until all sums due are received.
2.4 If you fail to make a payment due to CL:AIRE Initiatives by the due date for payment, then CL:AIRE Initiatives reserves the right to charge you interest on the overdue amount at the rate of 8 per cent per annum above the Cooperative Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. You shall pay the interest together with the overdue amount.
2.5 You shall pay all amounts due in full without any set off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). CL:AIRE Initiatives may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by CL:AIRE or CL:AIRE Initiatives to you.
- 3. Acceptance of Terms
3.1 Users of the DoW CoP and associated websites accept the terms and conditions herewith. Use of this website and the DoW CoP constitutes the Users' agreement to all such terms, conditions and notices as provided from time to time.
- 4. User Content, Data Security and Intellectual Property
4.1 Users are solely responsible for any and all Content that they submit or create.
4.2 By submitting or creating Content, Users warrant and represent that they are the author of such Content and/or that they have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. CL:AIRE and CL:AIRE Initiatives accept no responsibility or liability for any infringement of any third party Intellectual Property Rights in relation to such Content. Further, the User waives and shall procure the waiver of all moral rights in any and all Content submitted by it to CL:AIRE Initiatives.
4.3 The User grants a non-exclusive, freely transferable, worldwide, royalty free, perpetual licence of the Content to CL:AIRE and CL:AIRE Initiatives with the right to grant sub licences [subject to the source data, both in terms of the person or the organisation entering the data and the address to which the Content relates, being kept anonymous], to use the Content for any purpose.
4.4 The User represents and warrants that it has all necessary rights, power and authority to grant the licence described in clause 4.3.
4.5 CL:AIRE and CL:AIRE Initiatives own all Intellectual Property Rights in the DoW CoP and associated processes.
4.6 All content on the CL:AIRE website is protected by copyright and other applicable Intellectual Property Rights. You may use the CL:AIRE website and display and/or download on any single computer or print a single copy of any material for your personal or professional use provided you do not further copy or modify the page including, without limitation, by removal of any copyright notices. You may not otherwise reproduce, copy, distribute or use any material from any CL:AIRE website. Permanent copying and/or storage of material or reproduction or incorporation of any part of it in any other work in whatever media is expressly prohibited.
- 5. Data Protection and Use
5.1 CL:AIRE and CL:AIRE Initiatives aim to improve the performance of all concerned with construction and the environment. To enable us to achieve this, we collect and hold information about users of our products and services in which they have expressed interest from their use of the DoW CoP portal and CL:AIRE website. This information is used to keep our customers updated on new developments in the industry and from time to time to obtain feedback on CL:AIRE and CL:AIRE Initiatives’ activities.
5.2 CL:AIRE and CL:AIRE Initiatives shall comply with the Data Protection Act 1998 at all times. All data is treated in confidence and is not disclosed to any third parties, other than where we are required to or permitted to by law, or where you have given us your consent in advance. If you do not wish to continue to receive information from us, or if you have any questions or concerns about the information we hold about you, please email us at
5.3 CL:AIRE and CL:AIRE Initiatives hold and report information from DoW CoP Declarations to the Environment Agency and Natural Resources Wales on a regular basis or as-and-when requested to do so.
- 6. Confidentiality
6.1 A party ("receiving party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party ("disclosing party"), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under these terms and conditions, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to these terms and conditions. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 6 shall survive termination of these terms and conditions.
- 7. Liability
7.1 Nothing in these terms and conditions excludes or restricts CL:AIRE and CL:AIRE Initiatives’ liability for:
(a) death or personal injury caused by its negligence; or
(b) fraud or fraudulent misrepresentation on the part of CL:AIRE and CL:AIRE Initiatives.
7.2 Subject to clause 7.1, CL:AIRE and CL:AIRE Initiatives shall not be liable, whether in contract, tort (including, without limitation, negligence) breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of opportunity or any indirect or consequential loss arising under or in connection with these terms and conditions, use of the DoW CoP or the website or other material referenced.
7.3 Subject to clause 7.1, CL:AIRE Initiatives’ maximum liability under this Contract shall be limited to the amount of the Declaration Fee.
7.4 All warranties implied by law are excluded.
- 8. Termination and duration
8.1 The Services shall commence upon Receipt by CL:AIRE Initiatives of a Declaration and shall continue until such Declaration is submitted to the Environment Agency / Natural Resources Wales OR the Services are deemed complete as decided by CL:AIRE Initiatives in its absolute discretion.
8.2 Without limiting its other rights or remedies, CL:AIRE Initiatives may terminate these terms and conditions by giving you 1 day's written notice.
8.3 Without limiting its other rights or remedies, either party may terminate these terms and conditions with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of these terms and conditions and (if such a breach is remediable) fails to remedy that breach within 5 days of that party being notified in writing to do so;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party; or
(d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
8.4 Without limiting its other rights and remedies, CL:AIRE Initiatives may terminate these terms and conditions with immediate effect by giving written notice to you if you fail to pay any amount due under these terms and conditions on the due date for payment and fail to pay all outstanding amounts within 14 days after being notified in writing to do so.
8.5 Upon termination for any reason, you shall immediately pay CL:AIRE Initiatives any outstanding unpaid invoices.
- 9. Governing Law and Jurisdiction
9.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
9.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).
- 10. Assignment
10.1 CL:AIRE Initiatives may at any time assign, transfer or deal in any other manner with all or any of its rights under these terms and conditions and may subcontract or delegate in any manner any or all of its obligations to any third party or agent.
- 11. No partnership / agency
11.1 Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.