Terms Of Service Agreement
TERMS OF SERVICE AGREEMENT
MY SURVEYOR LTD
[Company Address]
[Company Registration Number]
[VAT Number, if applicable]
Effective Date: 01/01/2025
These Terms of Service (“Terms”) govern the provision of surveying services (“Services”) by MY SURVEYOR LTD (“the Company”, “we”, “our”, or “us”) to the client (“Client”, “you”, or “your”). By engaging our Services, you agree to be bound by these Terms.
1. Services Provided
We offer professional surveying services including, but not limited to, land surveys, property surveys, boundary surveys, building surveys, topographic surveys, and other related services. Detailed descriptions of specific services can be provided upon request or in the agreement specific to the project.
2. Scope of Work
The scope of the Services will be outlined in a separate contract or project agreement (the “Project Agreement”) prior to commencement. The Project Agreement will detail the specific deliverables, timelines, and costs associated with the Services.
3. Fees and Payment
3.1 Fees: The fees for the Services will be outlined in the Project Agreement. Fees are typically based on the nature and complexity of the work involved.
3.2 Upfront Payment: Payment for the Services is required in full before the commencement of any work. The Client will receive an invoice detailing the total amount due, and payment must be made prior to the scheduling of any site visits or initiation of services.
3.3 Payment Methods: The Company accepts payment via [list accepted payment methods, e.g., bank transfer, credit card, cheque, etc.]. Payment details will be provided upon request or included in the invoice.
3.4 Late Payment: If payment is not received upfront, the Company reserves the right to delay or withhold the provision of Services until the full amount is received. If payment is delayed or not received as agreed, the Client may be subject to interest charges of [X]% per month, or the maximum allowable under UK law, on any overdue balance.
4. Client Responsibilities
4.1 Access: You agree to provide us with reasonable access to the site(s) where the survey is to be carried out. This includes access to land, buildings, or other relevant locations as necessary for the completion of the Services.
4.2 Accuracy of Information: You agree to provide us with accurate and complete information relating to the survey. Any errors or omissions in the information provided may affect the outcome of the survey and could result in additional charges.
5. Abortive Visits
5.1 If an appointment or site visit is scheduled and the Company is unable to access the site, or the survey cannot be completed due to the Client's actions or failure to meet the necessary requirements (including but not limited to lack of access to the property, unavailability of the Client or relevant parties, or failure to provide required documentation or information), the visit will be considered abortive.
5.2 In the event of an abortive visit, the Company reserves the right to charge the Client for any costs incurred, including but not limited to time spent attending the site, travel expenses, and any administrative costs. These costs will be outlined in the Project Agreement or otherwise agreed upon in writing.
5.3 The Company will endeavour to reschedule any abortive visits, subject to availability, but any additional visits will incur further charges as agreed with the Client.
6. Deliverables
6.1 The Company will deliver the agreed-upon survey reports, data, drawings, or other deliverables in the format specified in the Project Agreement.
6.2 All deliverables will be provided to the Client upon completion of the Services. The Company will not be responsible for any delays caused by the Client’s failure to provide required access or information in a timely manner.
7. Confidentiality
Both parties agree to keep all confidential information shared during the course of the Services confidential, except where disclosure is required by law or with the express written consent of the other party.
8. Limitation of Liability
8.1 The Company’s liability to the Client for any claim arising from the provision of Services is limited to the total fee paid by the Client for the specific Services that gave rise to the claim.
8.2 The Company will not be liable for any indirect, consequential, or punitive damages, including loss of profit, arising from the provision of the Services.
9. Insurance
The Company maintains professional indemnity insurance and public liability insurance to cover the risks associated with providing surveying services. Proof of insurance can be provided upon request.
10. Cancellation and Termination
10.1 By the Client: The Client may cancel the Services by providing written notice to the Company. Cancellation fees may apply depending on the stage of the project and any work already carried out. Since payment is made upfront, the Company will provide a refund for any portion of the services not yet rendered, minus any cancellation fees or costs already incurred.
10.2 By the Company: The Company reserves the right to terminate the agreement if the Client fails to meet their obligations, including but not limited to, failure to provide access to the site or failure to make payments as agreed.
11. Dispute Resolution
Any disputes arising from or in connection with these Terms will be resolved through negotiation between the parties. If a resolution cannot be reached, the dispute may be referred to mediation or arbitration under UK law.
12. Governing Law
These Terms and the provision of Services shall be governed by and construed in accordance with the laws of England and Wales.
13. Force Majeure
The Company shall not be liable for any delays or failure in performance due to events beyond its reasonable control, including but not limited to, natural disasters, strikes, or other unforeseeable circumstances.
14. Changes to Terms
The Company reserves the right to amend or update these Terms at any time. Any changes will be communicated to the Client, and the revised Terms will apply to any subsequent Services provided after the change.
15. Entire Agreement
These Terms, together with the Project Agreement (if applicable), constitute the entire agreement between the Client and the Company. Any modifications to these Terms must be made in writing and signed by both parties.
16. Contact Information
For any questions or concerns regarding these Terms or the Services provided, please contact us at:
My Surveyor Ltd
4th Floor Silverstream House, 45 Fitzroy Street,
contact@mysurveyor.org
[Phone Number]
ACKNOWLEDGEMENT
By engaging the Company’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.