These Terms of Service ("Terms") govern your use of the website at www.mycommercialbuildingsurveyor.co.uk and, together with our Letter of Engagement and Fee Proposal, form the basis of any contract between you and My Commercial Building Surveyor for the provision of surveying services. Please read these Terms carefully.
By using this website or instructing us to carry out surveying services, you agree to be bound by these Terms. If you do not agree, please do not use this website or instruct our services.
1. About Us
My Commercial Building Surveyor is a RICS-, CIOB- and RPSA-accredited commercial building surveying practice. Our surveyors carry full professional indemnity and public liability insurance. References to "we", "us" and "our" in these Terms refer to My Commercial Building Surveyor. References to "you" and "your" refer to the client or website user.
2. Website Use
2.1 You may use this website for lawful purposes only. You must not use the website in any way that breaches any applicable law, causes harm to others or interferes with the website's operation.
2.2 All content on this website — including text, images, logos, graphics and downloadable materials — is owned by or licensed to My Commercial Building Surveyor and is protected by UK copyright law. You may not reproduce, distribute or commercially exploit any content without our prior written consent.
2.3 We make reasonable efforts to keep website content accurate and up to date, but we make no warranties about completeness or accuracy. Website content is for general informational purposes only and does not constitute professional surveying advice.
2.4 We reserve the right to modify, suspend or discontinue any part of the website at any time without notice.
3. Surveying Services — Engagement
3.1 No contract for surveying services is formed until we have issued a written Letter of Engagement and Fee Proposal, and you have confirmed your instruction in writing (including by email).
3.2 The specific scope, terms, fee and deliverables for each instruction are set out in the Letter of Engagement and Fee Proposal, which shall prevail over any conflicting terms in these Terms of Service in relation to that specific instruction.
3.3 All fees are subject to VAT at the prevailing rate unless otherwise stated.
3.4 Our services are regulated by RICS, CIOB and RPSA, and we are bound by the professional and ethical standards of those bodies. Our Letters of Engagement incorporate the relevant RICS Terms and Conditions of Engagement.
4. Fees and Payment
4.1 Unless otherwise agreed in writing, fees are payable in full prior to release of the survey report or other deliverable.
4.2 We accept payment by bank transfer. Payment terms are set out in the Letter of Engagement.
4.3 If payment is not received by the due date, we reserve the right to charge interest at 8% per annum above the Bank of England base rate on any overdue sums, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
4.4 We reserve the right to withhold delivery of any report or document until full payment has been received.
5. Cancellation and Rescheduling
5.1 If you wish to cancel or reschedule an instruction, please notify us in writing as soon as possible.
5.2 If you cancel more than 5 working days before the scheduled inspection, no cancellation fee applies.
5.3 If you cancel between 2 and 5 working days before the scheduled inspection, we may charge a cancellation fee of 25% of the agreed fee to cover preparatory costs.
5.4 If you cancel within 48 hours of the scheduled inspection, or if access to the property cannot be arranged at the agreed time, we reserve the right to charge 50% of the agreed fee.
5.5 We reserve the right to cancel or reschedule an instruction if access to the property cannot be arranged, if unforeseen circumstances prevent attendance, or if we are unable to carry out the inspection safely. In such cases, we will not charge a cancellation fee.
6. Our Liability
6.1 We carry full professional indemnity insurance commensurate with the nature and value of our work. Our liability to you for professional negligence is covered by that insurance.
6.2 Our total liability to you under or in connection with any instruction shall not exceed the greater of: (a) the total fee paid by you for that instruction; or (b) the limit of our professional indemnity insurance applicable to that instruction.
6.3 We shall not be liable for any indirect, consequential, special or punitive loss, or any loss of profit, revenue, business, data or goodwill, arising from or in connection with our services, even if we have been advised of the possibility of such loss.
6.4 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law.
6.5 Survey reports are prepared for the specific purpose stated in the Letter of Engagement. They are confidential to the named client and should not be relied upon by third parties without our written consent. We accept no liability to any third party who relies on a report without such consent.
7. Complaints
7.1 We are committed to providing a high-quality service. If you are unhappy with any aspect of our service, please contact us in writing at info@mycommercialbuildingsurveyor.co.uk. We will acknowledge your complaint within 5 working days and aim to resolve it within 28 days.
7.2 If your complaint relates to a RICS-regulated service and cannot be resolved directly with us, you may refer the matter to the RICS Dispute Resolution Service. Details are available at www.rics.org.
8. Confidentiality
8.1 We will treat all information you provide to us in connection with an instruction as confidential and will not disclose it to third parties except: (a) where required by law or regulatory authority; (b) to our professional advisers and insurers; or (c) with your prior written consent.
8.2 Survey reports and other deliverables remain the intellectual property of My Commercial Building Surveyor until full payment has been received, at which point a non-exclusive licence to use the report for the purposes stated in the Letter of Engagement is granted to you.
9. Data Protection
9.1 We process personal data in accordance with UK GDPR and the Data Protection Act 2018. Please read our Privacy Policy for full details of how we collect, use and protect your personal data.
10. Third-Party Links
10.1 This website may contain links to third-party websites. We are not responsible for the content, privacy practices or availability of those sites. Links are provided for convenience only and do not constitute endorsement.
11. Governing Law and Jurisdiction
11.1 These Terms and any contract formed between us shall be governed by and construed in accordance with the laws of England and Wales.
11.2 Any dispute arising from these Terms or from any instruction shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless both parties agree in writing to an alternative dispute resolution process.
12. Changes to These Terms
12.1 We may update these Terms from time to time by publishing revised Terms on this website. Changes will not affect any instructions already confirmed in writing prior to the date of the change.
13. Contact
If you have any questions about these Terms, please contact us:
My Commercial Building SurveyorEmail: info@mycommercialbuildingsurveyor.co.uk
Website: www.mycommercialbuildingsurveyor.co.uk
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