Terms & Conditions

Terms & Conditions

1. Definitions and Interpretation

1.1 These Terms and Conditions apply to all services provided by Contractors QS Ltd., a company registered in England under company number 13096055, with its registered office at Q House, Russell Street, Oldham, OL9 9LD (“the Company”).

1.2 The following definitions and rules of interpretation apply in these Terms and Conditions:

“Agreement” refers to the legally binding contract formed when the Customer accepts the Company’s Proposal.

“Customer” means the individual or entity purchasing services from the Company, which includes both business-to-business (B2B) and business-to-consumer (B2C) contexts where applicable.

“Services” means any and all services agreed to be provided by the Company, including estimating, commercial support, printing, and other related services.

“Proposal” refers to the detailed plan and pricing document outlining the services to be delivered by the Company.

“Order” means the Customer’s acceptance of the Company’s Proposal and the relevant payment completion.

“Working Day” refers to Monday to Friday, excluding public holidays in England.

“Liability” means all liabilities, obligations, losses, damages, and expenses arising out of or in connection with the Agreement.

“Contract” refers to the Customer’s acceptance of these Terms and Conditions when engaging with the Company.

2. Acceptance of Terms

2.1 By accepting a Proposal from the Company, verbally or in writing, the Customer agrees to these Terms and Conditions. The acceptance constitutes a binding legal agreement between the parties

2.2 No other terms proposed by the Customer, unless expressly agreed in writing by the Company, shall apply to the Contract. The Company reserves the right to update these Terms and Conditions without prior notice, as further detailed in Clause 20.1.

3. Scope of Services

3.1 The Company provides a variety of services, including but not limited to:

• Estimating Services: Comprehensive project estimates, including Bill of Quantities (BoQ) and material schedules.
• Commercial Support: Management and support throughout project execution.
• Printing Services: Professional architectural plan printing.
• Retainer Packages: Flexible retainer services that include weekly, monthly or annual subscriptions for ongoing projects and commercial support.

4. Service Delivery

4.1 Upon receipt of full payment, including any applicable retainer or pre-paid balance, and all relevant Drawings, the Company will commence work on the Services outlined in the Order. Progress updates will be provided to the Customer as per the timeline agreed in the Proposal. Should the prepaid retainer balance fall below 3 hours, the Customer will be required to top up to continue services, as detailed in Section 6.2.

4.2 If any additional information is required to complete the Services, the Company will notify the Customer promptly. Failure to provide the requested information may result in delays or cancellation of the Services.

5. Amendments to Services

5.1 The Company reserves the right to modify the Services to comply with changes in laws, regulations, or technical requirements. Any such modifications will be communicated to the Customer as soon as possible, referencing Clause 20.1 where applicable. For one-off project retainers, any modification that impacts the prepaid balance or scope of services will be communicated to the Customer, and the Customer will have the opportunity to review and approve any additional charges before work proceeds.

6. Pricing and Payment Terms

6.1 All prices quoted in the Proposal are subject to VAT and any other applicable taxes, which shall be charged at the prevailing rate.

6.2 Payment for one-off projects requires a Prepaid Retainer. Clients may choose from available retainer balances (e.g., £1,300 or £2,600), from which hours are deducted at the standard rate of £130 per hour as services are rendered. In addition to billable hours, any associated costs, such as travel, accommodation, and Per Diem expenses, will be temporarily deducted from this retainer balance until reimbursement by the Customer.

• Monthly Billing for Reimbursable Expenses: Reimbursable expenses (e.g., travel, accommodation, and Per Diem) will be invoiced separately on a monthly basis. Until payment is received, these expenses will be held against the retainer balance to ensure continued availability of funds for project costs.
• Retainer Refunds and Final Reconciliation: Retainers are conditionally refundable. At the end of a project, any remaining retainer balance is refundable only after all hours worked and associated costs have been deducted. If the Customer’s outstanding bill exceeds the remaining retainer balance after these deductions, the Customer will be required to pay the balance immediately upon invoicing.
• Minimum Balance and Refill Requirement: Should the retainer balance fall below 3 hours (or its equivalent in monetary value after deductions), the Customer is required to top up the retainer to continue services. Failure to replenish the retainer may result in a suspension of services until payment is received.

6.3 Payment for Services must be made in full upfront for all one-off services and at the beginning of each billing cycle for retainer packages. Failure to pay within the agreed timeframe will result in suspension of the Services until payment is received.

6.4 The Company reserves the right to charge interest on late payments at a rate of 8% per annum above the Bank of England’s base rate from the due date until payment is made.

7. Retainer Packages and Subscription Services

7.1 Retainer services are billed on a weekly, monthly, or annual basis, with payments due at the beginning of each cycle. For prepaid retainers associated with one-off projects, unused hours are conditionally refundable and may be carried over to a future project within 6 months upon mutual agreement, only after relevant deductions have been made. This rollover option is available only for one-off project retainers and does not apply to standard subscription packages unless explicitly stated in the specific package terms.

7.2 The minimum term for all subscription packages is 12 months. Should the Customer wish to cancel the subscription before the expiry of the minimum term, a cancellation fee will apply. The cancellation fee will be calculated as 50% of the remaining value of the 12-month subscription.

8. Travel and Expense Policies

8.1 Local Travel Fee | 25-Mile Radius: A flat travel fee of £50 will be applied for on-site visits within a 25-mile round trip from our office. This charge is per visit and covers transportation costs for a designated on-site representative, ensuring efficient and predictable local travel costs.

8.2 Additional Mileage Fee | Beyond 25 Miles: For on-site visits requiring travel beyond a 25-mile round trip, a mileage fee of £0.45 per mile will be charged for the extended distance. This expense covers additional travel requirements for the representative attending the site.

8.3 Reimbursable Accommodation & Meal Expenses: When an overnight stay is required, accommodation and meal expenses will be billed at actual cost. Receipts will be provided with the invoice for transparency and accuracy. This applies only when travel distance and/or meeting schedules make it impractical for a same-day return (see Overnight Stay Policy).

8.4 Per Diem for Overnight Stay | Time Away: A Per Diem of £100 is applied per overnight stay to cover incidental expenses such as meals and minor travel-related costs. This applies only when the representative is required to remain on-site overnight. VAT is applied to this charge as part of our standard services.

9. Overnight Stay Policy

9.1 Applicability: An overnight stay may be required under the following conditions:

• The on-site location is over 100 miles round trip (approximately 1.5-2 hours one way).
• The meeting or site visit begins before 10:00 am and is more than 1 hour away, necessitating arrival the previous evening.
• The meeting or site visit ends after 4:00 pm and is more than 1.5 hours away, making a return on the same day impractical.
• The representative is required to be on-site for multiple consecutive days and the location is more than 1 hour away.
• Safety or weather conditions necessitate overnight accommodation.

9.2 Advance Notice: Clients will be informed in advance if an overnight stay is anticipated, allowing them to review and pre-approve the associated Per Diem and accommodation expenses.

10. Intellectual Property and Social Media Use

10.1 All Intellectual Property Rights arising from the performance of the Services shall belong to the Company. The Customer agrees not to use any of the Company’s intellectual property for any purpose other than as agreed in the Proposal without prior written consent.

10.2 The Company reserves the right to share general project-related content on social media platforms, which may include site visits and project progress photographs. The Customer’s company details or the main contractor’s details will not be disclosed without explicit permission. Any information shared will be limited to non-sensitive data such as the site location and a brief project description.

10.3 The Customer is welcome to post positive content on social media and tag the Company if they wish to publicise their experience.

11. Confidentiality

11.1 Both parties agree to treat all information exchanged during the course of the Services as confidential, not disclosing it to third parties without prior written consent, except as required by law.

11.2 The obligation of confidentiality will remain in force indefinitely, even after the termination of the Agreement.

12. Limitation of Liability

12.1 The Company’s liability under these Terms and Conditions is limited to the amount of fees paid by the Customer for the Services provided. The Company shall not be liable for any indirect or consequential losses, including but not limited to loss of profits, data, or business opportunities.

12.2 Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury caused by negligence, fraud, or any liability which cannot be legally limited.

13. Termination of Agreement

14.1 Either party may terminate the Agreement by providing 30 days’ written notice. Termination will not affect any accrued rights or liabilities of either party.

14.2 The Company reserves the right to terminate the Agreement immediately if the Customer breaches any material obligation under these Terms and Conditions, fails to make due payments, or becomes insolvent.

15. Force Majeure

15.1 Neither party shall be liable for any delay or failure in performing its obligations due to events beyond its reasonable control, such as acts of God, war, civil unrest, industrial action, or any other event that renders performance impossible.

15.2 If such circumstances persist for more than 90 days, either party may terminate the Agreement with immediate effect.

16. Dispute Resolution

16.1 Any disputes arising out of or in connection with this Agreement shall be resolved amicably through mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) procedures.

16.2 If mediation fails, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of England and Wales.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

17.2 Any legal proceedings arising from the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Data Protection and GDPR Compliance

18.1 The Company processes personal data in accordance with the General Data Protection Regulation (GDPR) and all applicable laws. The Customer agrees that their data will be processed for the purpose of delivering the Services and for compliance with legal obligations.

18.2 The Company implements adequate security measures to protect personal data and will not share this data with third parties without the Customer’s consent, except as required by law.

19. Complaints Procedure

19.1 The Company is committed to delivering high-quality Services. If the Customer has any complaints, they should contact the Company’s support team. All complaints will be handled in accordance with the Company’s complaints procedure.

20. Variation of Terms

20.1 The Company reserves the right to modify these Terms and Conditions at any time. Changes will be communicated to the Customer with at least 30 days’ notice and will take effect immediately upon the expiration of the notice period.

21. Entire Agreement

21.1 These Terms and Conditions, together with the Proposal and any associated documentation, constitute the entire agreement between the Company and the Customer, superseding all prior communications and agreements.

22. Severability

22.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

23. Notices

23.1 All notices under this Agreement must be in writing and sent to the most recent address or email address provided by the parties. Notices shall be deemed delivered upon receipt.