MOT Assist – Base Membership Terms & Conditions

Arleigh Holdings Limited T/A Pro-Tech MOT & Automotive Academy
(“Pro-Tech”, “we”, “us”, “our”)

These Terms apply to the organisation subscribing to MOT Assist (“Client”, “you”, “your”).

By purchasing MOT Assist Base Membership, the Client agrees to these Terms.

 

1. Nature of the Service

1.1 MOT Assist Base Membership is a professional advisory and support service relating to MOT compliance and operations.

1.2 Pro-Tech provides guidance, training support, regulatory interpretation, and representation assistance based on industry knowledge and experience.

1.3 Pro-Tech does not:

• Control or supervise MOT testing activities

• Act as Authorised Examiner, Site Manager, or MOT Tester

• Approve individual MOT test decisions

• Provide legal advice

• Guarantee compliance outcomes

1.4 The Client acknowledges that Pro-Tech has no operational control over the Client’s MOT business.

 

2. Scope of Base Membership

Base Membership includes:

• Telephone and email compliance advice

• MOT Testing Guide and regulatory updates

• Template documentation and process guidance

• Training recommendations

• General compliance support

• Representation support in DVSA disciplinary matters, including:

  • Advice on responding to DVSA enquiries

  • Preparation of formal written submissions

  • Representation at DVSA interviews or hearings

  • Support with improvement plans

Subject to Section 3 below.

On-site consultancy, QC visits, expert witness work, or additional casework beyond reasonable limits may be chargeable separately.

 

3. DVSA Representation – Eligibility

3.1 Pro-Tech will provide representation only where, in our professional judgement, the case is a genuine compliance matter.

Examples include:

• Training gaps

• Procedural errors

• Administrative failings

• Misinterpretation of MOT standards

• Isolated tester errors

3.2 Pro-Tech will not represent cases involving suspected or proven:

• Fraudulent MOT testing

• Deliberate misuse of the MOT system

• Fabricated or falsified records

• Corruption or dishonest conduct

• Criminal activity

• Intentional pass/fail manipulation

3.3 If evidence of dishonesty or fraud arises, Pro-Tech may immediately withdraw support and terminate membership.

3.4 The Client must provide full, accurate, and honest disclosure of all facts. Failure to do so voids Pro-Tech’s obligation to assist.

3.5 Pro-Tech cannot guarantee outcomes in DVSA investigations or tribunals.

 

4. Client Responsibilities

4.1 The Client retains full legal responsibility for:

• All MOT tests carried out under its Authorisation

• Compliance with the MOT Testing Guide, DVSA policies, and law

• Conduct and competence of MOT Testers and Site Managers

• Correct test decisions

• Equipment maintenance and calibration

• Record keeping and TQI logs

4.2 The Client warrants that all MOT testing will be carried out:

professionally, competently, honestly, and in full compliance with DVSA requirements and applicable legislation.

4.3 The Client must not state or imply to DVSA, customers, insurers, or third parties that Pro-Tech is responsible for MOT test decisions or compliance outcomes.

 

5. No Guarantee of Compliance

5.1 Compliance depends on day-to-day actions of the Client and its staff.

5.2 Pro-Tech cannot guarantee:

• Passing DVSA inspections

• Avoidance of disciplinary action

• Retention of Authorisation

• Tester approval outcomes

 

6. Term & Renewal

6.1 Membership is provided on a minimum 12-month contract.

6.2 Membership automatically renews for further 12-month periods unless cancelled in writing at least 30 days before renewal.

6.3 Pro-Tech may terminate immediately where the Client:

• Fails to pay fees

• Acts unlawfully or fraudulently

• Misrepresents Pro-Tech services

• Withholds material information

• Brings Pro-Tech into disrepute

 

7. Fees & Payment

7.1 Fees are payable in advance unless otherwise agreed.

7.2 Services may be suspended for overdue invoices.

7.3 Fees are non-refundable once services have commenced.

7.4 All fees exclude VAT.

 

8. Limitation of Liability

8.1 To the fullest extent permitted by law, Pro-Tech shall not be liable for:

• Incorrect MOT test decisions

• Loss of MOT Authorisation

• Tester suspension or cessation

• DVSA penalties or disciplinary points

• Business interruption or loss of profit

8.2 Pro-Tech’s total liability shall not exceed the annual membership fee paid in the preceding 12 months.

8.3 The Client agrees to indemnify Pro-Tech against claims arising from the Client’s MOT activities.

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9. Confidentiality

Both parties will keep confidential any business or compliance information shared during membership.

This obligation continues after termination.

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10. Intellectual Property

All templates, training materials, reports, and systems remain the property of Pro-Tech and must not be shared externally without written consent.

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11. Professional Integrity Clause

MOT Assist exists to support high-quality, compliant MOT operations.

Pro-Tech will not support or represent cases involving dishonesty, fraud, or deliberate wrongdoing.

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12. Governing Law

This agreement is governed by the laws of England and Wales.