Terms of Service
Last Updated: 25/04/2024
These terms and conditions apply to your purchase of all services to be provided by Torq Routesetting Ltd. Your contract for work with us should be confirmed by e-mail with your agreement to our terms and conditions. This form will create a legal agreement between Torq Routesetting Ltd (referred to in this document as “Torq Routesetting Ltd”, “Torq”, “The Limited Liability Company” or the “LLC”) and their clients for requested services to be provided as stipulated on the confirmation e-mail, so it is important for the terms and conditions to be read carefully and understood. If any clarification is needed on any matter, please contact Torq Routesetting Ltd directly by e-mail at contact@torqroutesetting.co.uk and one of our team members will be happy to assist. Torq Routesetting Ltd will be unable to provide any services to any client prior to receiving a signed agreement to the terms and conditions.
Definition of basis of work and services
The service to be provided is setting climbing routes of various grades (difficulty levels) on indoor climbing walls. These will be provided in terms of ‘boulder problems’ for bouldering and ‘lines’ for sport climbing. Route setting services provided will be booked per day, the minimum bookable being one day (apporoximately 8 hours). Each day booked will be for the services of either one or two route setters working to provide the quantity of setting agreed at the booking stage. The quantity of setting provided in one day will be reduced depending on other services required to be completed in that same day. For example, the greater volume of stripping to be done and additional time taken for washing holds will reduce the hours left available for setting. Although we are able to provide all of the aforementioned services, we suggest that venues have these other tasks completed prior to our arrival, to allow for a greater volume of setting to be achieved. For safety reasons two route setters will need to be booked for rope setting, unless the venue can assure that a member of staff can be available in the case of an emergency or rescue situation arising. To prevent under-delivery of services stated, and to prevent detraction from delivering the agreed services, Torq will not be at liberty to perform site-specific tasks not underlined within the definition of services. Any tasks requested which are not stated as services provided by Torq may not be covered by our insurance so will not be performed. Information regarding the work carried out by Torq will be provided to the client before Torq staff leave the site. Any advertising or promotion of these new routes will be the responsibility of the client.
Payment Terms
Prices for services provided will be charged at a daily rate. The guide price for 1 route setter completing one day of work (estimated to take 8 hours) is £170. This price will remain the same regardless of which services are to be provided such as stripping routes, washing holds and setting. The quantity of route setting may also vary depending on the heights and angles of walls where routes are to be set. All prices are subject to change by Torq Routesetting Ltd at any time. Existing customers will be informed of any price changes at least 30 days prior to changes being made via e-mail. This information will also be made available on our website at least 30 days prior to price changes being implemented. Fuel expenses will automatically be added to any invoice we send out, charged at 35p per mile from Dundee.
Method and Timing of Payment
Invoices for work completed will be sent to clients after the service has been provided and are expected to be paid in full within 14 days of receiving your invoice. If normal method of communication between the LLC and the client is e-mail, sending an invoice by e-mail will constitute valid delivery of that invoice. Bookings for multiple days work or competitions may require a deposit to be paid at the time of booking. Payment not being made within 30 days of receiving your invoice will result in a late fee of £50 being charged and interest on monies due being applied. The rate of interest we will charge on overdue amounts is 10% per day, this interest rate will be compounded on monies due on the first day of each calendar month after the initial 30 day payment period has lapsed. Payments can be made by BACS money transfer to Torq Routesetting Ltd, the relevant bank details for this purpose will be on the invoice we send to customers.
Definition of Service Procedures
Torq Routesetting Ltd is a limited company based in Scotland with registered number SC701105 having its registered office at 1/0 19C Milnbank Road, Dundee, DD1 5QD. As an independent limited liability company, Torq staff members will wear their own staff uniforms and any other Torq branded clothing and/or accessories when undertaking any work being done under a contract with the LLC at any venue. After making a booking with Torq, you will need to read the terms and conditions thoroughly before agreeing to them. Torq will then contact you using the same method by which you made contact to arrange and confirm your booking. Torq route setters will arrive at your venue 10 minutes prior to work commencing to allow for equipment to be brought into the building and the area of work to be cordoned off. Access to and from storage areas will then be required for the duration of the day to collect holds, bolts and screws. The work will involve working at height using both ropes and ladders. All setting work will be carried out within the cordoned-off areas, where non-setting staff and venue customers will not be permitted access to during the setting. Setters will be wearing appropriate PPE for the duration of work being carried out.
Client Obligations
It is the client’s responsibility to have their wall stripped of holds and the holds cleaned, dry and ready for setting prior to the date and time agreed at the booking stage if this is the arrangement been agreed upon. It is also the client’s responsibility to ensure the correct quantity of holds for the required amount of route setting are provided. Current work place health and safety regulations are the responsibility of the client. Work spaces which Torq staff will require access to fulfil their duties as stipulated should be clean, tidy and well organised. All materials Torq staff are likely to be in contact with need to be in good condition, including (but not limited to) storage containers, floor matting, shelving units and trolleys. This is to safeguard Torq staff against undue injury or death as a result of negligence. If Torq staff feel that there is a health and safety issue relating to a work space which may have the potential to cause injury or interrupt delivery of service, this will be communicated to the client verbally and by e-mail to confirm this communication.
Any use of Torq Routesetting Ltd’s products i.e., routes/boulders in promotion or media use must be approved and credited to Torq Routesetting Ltd, this may be in an agreed format/ instagram tag or email/website reference; whatever is appropriate for the medium. Media containing any Torq Routesetting Ltd staff must also follow the same guidelines. Any breach of this may result in a request of removal and will be treated as plagiarism. When any media from Torq Routesetting Ltd is shared to the client, the original owner/photographer of the media must be credited - including any external photographers/companies that may have been used by Torq Routesetting Ltd.
Termination Provisions
Failure to uphold the obligations stipulated within these terms and conditions will impede Torq’s route setters to fulfil the contract agreement. Torq Routesetting Ltd will not be held liable for under-delivery of services due to any of these circumstances. If Torq are forced to terminate a workday due to the work site not being properly prepared or unsafe for use, the client will still receive an invoice for that day.
In the event of unforeseen circumstances leading to Torq Routesetting Ltd being unable to fulfil a booked setting session, the client will be given as much prior notice as is possible to provide, and either a refund for that day will be provided, or the client may opt for this work to be completed at a future date.
If the client wishes to cancel any work booked in this must be done with as much notice as possible and confirmed by email. Cancelations made less than one week from the date work was booked may result in a 50% fee of the agreed price for that work. Cancelation of work less than 24 hours before the start date may result 100% charge being made.
If the client wishes to change the date(s) of any pre booked work then this also must be done with as much notice as possible and confirmed by email. The new date(s) must be confirmed by Torq Routesetting Ltd before the booking can be changed. Change of dates without confirmation from Torq may result in cancelation fees being charged at the rates described above.
Changes of service required by the client will be treated in the same way as above, they must be sent via email and confirmed by Torq prior to work commencing. A change of service would be defined as a change of the volume or type of work done that differers from what was previously agreed upon. For example changing from a standard setting day to running a competition, this will result in a higher rate being charged.
Torq Routesetting Ltd reserves the right to charge a non refundable deposit, where Torq deems appropriate. If asked for a deposit of 20% the agreed upon price of any work booked in must be paid before the work commences. In this case the remaining 80% will be due after the work is complete. If a deposit is requested and not paid, the work will not commence before this is paid.
Liabilities
The client indemnifies and holds Torq Routesetting Ltd harmless against any loss or damages which may be sustained as a result of carrying out normal operating procedures at your facility. You agree not to bring any claim personally against individual directors or employees of the Limited Liability Company (LLC) in respect to any loss which you suffer or incur, directly or indirectly, in connection with our services. This does not limit the LLC’s own liability for its acts or omissions which cannot be limited or excluded by law. The client and any staff employed at the client’s venue are not permitted use of any equipment brought on to site by Torq staff, and we will not be held responsible for any damages, injury or death incurred by any unauthorised use of equipment owned by the Torq Routesetting Ltd. For the purpose of the safety of the client’s customers, any maintenance of routes set by Torq staff are the responsibility of the client. Any changes to Routes/Boulders as left by Torq Routesetting Ltd is the responsibility of the client and Torq Routesetting Ltd are not liable for these changes or any injury issues brought around by these changes. Torq Routesetting Ltd are not liable for any changes in the environment surrounding their routes/boulders and the potential risks to safety this may involve i.e., holds blocked by new client-placed holds/new volumes in fall/high zones. Torq Routesetting Ltd do and will take documentation/photos of their routes/boulders as record of the product and the surrounding environment as left at the end of the work day.
It is also the responsibility of the client to ensure that areas of the premises which Torq staff will be expected to work in meet current health and safety standards to minimise the risk of injury. The client will be subject to indemnification for damages to any equipment belonging to Torq if used by the client or any member of their staff without express permission to do so. The LLC has put in place Routesetting Liability Insurance with Town & Country insurance services. If we are jointly or severally liable to you with any other party we shall only be liable to pay you the proportion of your losses which is found to be fair and reasonably due to our acts or omissions directly. We shall not be liable to pay you the proportion which is fairly and reasonably due to the fault of another party.
Business Protection
The reputation of Torq Routesetting Ltd lies within the quality of the routes we set. We request that we are notified of any alterations made to our routes or boulder problems. We appreciate feedback on reasons for changes to help us progress and develop our service. We would also appreciate the opportunity to ensure the safety of our routes or boulders are not compromised by poorly placed holds which could increase risk of injury to customers should they fall on to or become caught on holds. Torq staff will behave and act respectfully and professionally towards all climbing venues and staff both on site and on any social media platforms and would expect to receive same level of respect in return. In the interest of business records, protection and promotion, photographic evidence will be taken of all routes set by Torq. For the purpose of business promotion, some of these pictures may be used on social media platforms, however climbing venues will not be tagged or mentioned without permission from our contact at that venue to do so.
Data Protection and Privacy
Torq Routesetting Ltd will obtain information about clients via direct interactions and website usage. Direct interactions includes personal data you provide when you contact us by phone, e-mail or by post to make enquiries or request our services. This may include names of clients and their employees; phone numbers; e-mail addresses or postal addresses. We will not share any information given to us with any third parties for marketing or other purposes. We will use your data when we need to make arrangements to perform the contract we are about to enter, to discuss payment or other business matters relating to the contract or in the event of a legal or obligatory requirement. Torq Routesetters Ltd will not collect “Special Categories of Personal Data” about clients or their employees at any time. Our website may at times include links to third party websites, plug-ins and applications. Clicking on those links or enabling connections may allow third parties to collect or share data about you. We do not control these third party websites and have no responsibility for their privacy statements or policies. If you have concerns about how a third party will use your information, we advise that you do not click on their links. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) who are the UK supervisory authority for data protection issues. Torq would however appreciate the opportunity to deal with any concerns you may have directly before you approach the ICO, so please contact us with any queries you may have regarding your data and privacy.
Complaints and Dispute Resolution
If you are unhappy about any aspect of how Torq Routesetting Ltd have delivered the service you requested or have any other issues with our procedures or conduct, we welcome and appreciate your comments, feedback and the opportunity to rectify any problems. We suggest that you begin this process at the time of your dissatisfaction by talking directly to one of our team onsite, or if you prefer, you can e-mail us outlining the circumstances of your complaint. Torq Routesetting Ltd will always endeavour to help you resolve and concerns or problems and will always co-operate to our fullest ability with you to achieve a resolution to any concerns or problems you might have.