Terms and Conditions
Terms of Business
These conditions apply to all services provided by Simple-Build Ltd to any client.
1. General Terms
1.1 Simple-Build Ltd, trading as Simple-Build (S-B or "we"), functions as Consultants.
1.2 The Client refers to the entity instructing S-B in a Fee Agreement/Proposal, including any party acting as the Client's agent with proper authority.
1.3 Fee Agreement or Fee Proposal means any letter outlining the scope of services and works S-B will perform, including estimated charges and any agreed terms supplementing these conditions and incorporated into the agreement.
2. Fees and Payments
2.1 Clients must pay S-B fees within 14 days of invoice issuance per these Terms and Conditions.
2.2 Invoice queries require written submission via email or post within 10 days of issuance. Phone inquiries may be requested in writing.
2.3 S-B charges time-based fees billed in half-hourly segments:
- £175 + VAT per hour for site visits (minimum 1 hour charge)
- £145 + VAT per hour for design work, calculations, reports & contract management
- £85 + VAT per hour for drafting work
2.4 Minor disbursements including local travel, printing, and postage are included within hourly rates.
2.5 All site visits, including initial consultations, are chargeable per clause 2.3 rates.
2.6 Fee estimates reflect expected project hours and are not fixed fees, as services include continuing consultancy during design and construction phases.
2.7 Mid-project design changes by the Client or associated parties may incur additional charges or require updated quotes. S-B cannot be held responsible for resulting delays.
2.8 S-B does not extend credit beyond the invoice period. Invoices not paid within the time period set out in clause 2.1 will be subject to Statutory Interest payments of 8% per annum plus a charge of 2.5% of the invoice total per the Late Payment of Commercial Debts (Interest) Act 1998.
3. Termination of Contracts
3.1 Upon termination or suspension by either party, the Client must pay S-B any outstanding unpaid fees.
3.2 Following Client breach (including payment defaults), S-B may suspend work immediately with written notice. If the Client fails to remedy the breach adequately within the notice period, S-B may terminate the appointment with immediate effect.
3.3 Following S-B breach, the Client may immediately suspend S-B's appointment with written notice specifying the breach. If S-B fails to remedy within a fair period, the Client may terminate upon further notice.
3.4 Upon Client termination following S-B breach or insolvency of either party, the Client must pay S-B a fair and reasonable amount for services rendered and outstanding expenses.
3.5 Clients may suspend services by notice if all outstanding fees are paid. S-B will cease suspended services in an orderly manner. Suspensions exceeding nine months in aggregate allow S-B to treat the project as abandoned and automatically terminate the appointment.
3.6 S-B may indefinitely suspend services if circumstances beyond its control prevent or significantly impede performance.
3.7 S-B reserves the right to terminate the appointment if circumstances arise for which S-B is not responsible and which it considers make performance irresponsible.
3.8 Insolvency of either party allows the other party to terminate the appointment immediately with notice.
4. Suspension of Services
4.1 If Clients fail to pay notified sums, fail to query invoices within required timeframes per clauses 2.1 or 2.2, S-B may suspend performance of any or all obligations until outstanding balances are cleared.
4.2 Suspension periods are disregarded when computing contractual time limits for work completion by S-B or third parties affected by the suspension. Dates are adjusted accordingly.
4.3 The suspension right ceases when the Client clears their outstanding account balance.
5. Intellectual Property and Confidentiality
5.1 S-B retains intellectual property rights while granting the Client a license to use S-B documents for purposes directly related to the project. The license permits construction use but excludes reproducing designs for project extensions. Upon Client payment default, S-B may revoke the license with seven days' notice. Clients cannot copy S-B drawings or documents or use intellectual property rights beyond the original purpose.
5.2 S-B cannot publish project articles, photographs, or illustrations without written Client consent. Neither party shall disclose private or confidential information without authorization, except in proper course of duties, to professional advisers or insurers, or as required by law.
6. Limitations and Liability
6.1 The total liability of S-B under or in connection with this agreement whether in contract in tort in negligence for breach of statutory duty or otherwise shall not exceed the sum of £1 million.
6.2 S-B liability for any loss or damage claim is limited to amounts that would be just and equitable, assuming all consultants, advisers, contractors, and sub-contractors provide equally onerous contractual undertakings with no liability exclusions or limitations, and all responsible parties pay proportional amounts.
6.3 S-B liability for direct negligence or statutory breach excludes:
- Consequential loss of any kind including loss of profits or production
- Asbestos or other contaminants
- Seepage or pollution
- Bodily injury (except where statutory law applies)
- Computer system failures, data protection failures, or cyber attacks
- Building cladding or wall system combustibility
- Fire safety or building combustibility
- Planning permission issues
- Terrorism or war damage
- Performance warranties
- Collateral warranty assignments exceeding four parties
7. Disputes
7.1 S-B will attempt in good faith to settle disputes through mediation.
7.2 For construction contracts under the Housing Grants, Construction and Regeneration Act 1996, either party may refer disputes to adjudication using the Construction Industry Council model procedure. ACE appoints the adjudicator. Referring party statements cannot exceed eight single-sided A4 pages excluding attachments.
8. Insurance
8.1 S-B maintains public liability and professional indemnity insurance at commercially reasonable rates, subject to standard policy exceptions and exclusions. S-B shall immediately inform the Client if its professional indemnity insurance ceases to be available on the terms required by this clause at commercially reasonable rates.
8.2 Upon Client request, S-B provides broker certificates verifying required insurance coverage.
9. Collateral Warranties
9.1 S-B does not provide Collateral Warranties, letters of comfort, or work certification automatically. These may be provided for funded projects of complexity or other appropriate circumstances, subject to prior agreement between parties before finalizing the fee agreement.
9.2 Collateral Warranty provision requires an additional fee of not less than 20% of our fees for the job, plus legal checking fees. S-B prefers the CIC standard form with minor insurer-required amendments. Alternative forms incur additional legal fees at £165 + VAT per hour.
10. Governing Law
10.1 The contract is governed by and construed according to English Law.
Terms and Conditions correct as of 17th May 2024.