TERMS &
CONDITIONS
Last updated: May 2025
These Terms and Conditions govern your use of Britespire Construct's website and professional services. Please read them carefully before commissioning any work. By engaging our services, you agree to be bound by these terms.
CONTENTS
1. Definitions
2. Agreement
3. Our Services
4. Client Responsibilities
5. Fees and Payment
6. Delivery and Programme
7. Accuracy and Limitations
8. Intellectual Property
9. Limitation of Liability
10. Confidentiality
11. Termination
12. Governing Law
13. Changes to These Terms
1. Definitions
In these Terms and Conditions, the following definitions apply:
"Company" means Britespire Construct, a company registered in England and Wales with its principal place of business at Flat 1,2 50 Brunswick Pl, Brighton and Hove, Hove BN3 1NB.
"Client" means the individual, company, or other entity that engages the Company to provide Services.
"Services" means professional concrete estimation, quantity takeoff, reinforcement scheduling, and associated services as described in the Company's service documentation or agreed estimate proposal.
"Deliverables" means the estimates, schedules, reports, or other documents produced by the Company as part of the Services.
"Proposal" means the written fee proposal issued by the Company setting out the scope of Services, fee, and delivery programme.
2. Agreement
These Terms and Conditions govern all Services provided by Britespire Construct to clients. By accepting a Proposal or commissioning Services, the Client agrees to be bound by these Terms.
These Terms take precedence over any terms and conditions the Client may seek to impose, unless expressly agreed in writing by a director of the Company. No variation to these Terms is effective unless agreed in writing.
3. Our Services
The Company will provide the Services described in the agreed Proposal with reasonable skill and care, in accordance with relevant UK industry standards including NRM2 (for building works) or CESMM4 (for civil engineering) as appropriate.
The Services are based on information and drawings provided by the Client. The Company cannot be responsible for errors or omissions arising from inaccurate, incomplete, or out-of-date information provided to it.
All Deliverables remain the intellectual property of the Company until all fees have been paid in full, at which point ownership transfers to the Client for use within the project described in the Proposal.
4. Client Responsibilities
The Client agrees to:
Provide the Company with all drawings, specifications, reports, and other information necessary for the performance of the Services in a timely manner.
Notify the Company promptly of any design changes, scope amendments, or new information that may affect the Deliverables.
Treat all estimates and project information received from the Company as commercially confidential and not share them with third parties without the Company's prior written consent, except as required for the Client's own tender or procurement process.
Ensure that any information uploaded to the Company's systems or shared by email does not infringe the intellectual property rights of any third party.
5. Fees and Payment
The Company's fees are as set out in the Proposal. Fees are fixed unless the scope of Services changes materially, in which case the Company will issue a revised Proposal before proceeding with additional work.
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. Late payment interest will accrue at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
The Company reserves the right to withhold Deliverables until all outstanding fees are paid. For new clients or large projects, the Company may require a deposit of up to 50% of the fee prior to commencing work.
All fees are exclusive of VAT, which will be charged at the applicable rate where the Company is registered for VAT.
6. Delivery and Programme
The Company will endeavour to deliver Deliverables within the programme set out in the Proposal. Delivery programmes are indicative and subject to the timely provision of complete and accurate information by the Client.
The Company will notify the Client promptly if it becomes aware that the agreed delivery programme cannot be met, together with a revised programme.
Rush or priority service is available at an additional fee. The Company does not accept liability for losses arising from delays in delivery where such delays are caused by incomplete information, late provision of documents, or circumstances beyond the Company's reasonable control.
7. Accuracy and Limitations
The Company takes all reasonable care to produce accurate estimates. Estimates are based on the information available at the time of preparation and current market pricing. The Company does not warrant that actual project costs will match estimated costs, as these depend on many variables outside the Company's control, including but not limited to: ground conditions, design changes, market movements, contractor pricing, and unforeseen site conditions.
Estimates are prepared for the guidance of the Client and should be used as a tool in project decision-making rather than as a guaranteed fixed cost. The Client should always obtain competitive contractor quotes before committing to construction costs.
The Company's liability for any inaccuracy in its Deliverables is limited to the value of the fee paid for the specific Deliverable in question, subject to Section 9 (Limitation of Liability) below.
8. Intellectual Property
All intellectual property rights in the Deliverables produced by the Company remain with the Company until full payment of all fees due. Upon receipt of full payment, the Company grants the Client a non-exclusive licence to use the Deliverables for the project described in the Proposal.
The Client may not reproduce, distribute, or otherwise use the Deliverables for any purpose other than the project for which they were produced without the Company's prior written consent.
The Company retains the right to use aggregated, anonymised data from projects for internal benchmarking and the improvement of its services, provided that no project-specific or commercially sensitive information is disclosed.
9. Limitation of Liability
Nothing in these Terms excludes or limits the Company's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
Subject to the above, the Company's total liability to the Client in connection with any project, whether in contract, tort, negligence, or otherwise, shall not exceed the total fees paid by the Client for the Services to which the claim relates.
The Company shall not be liable for any indirect, special, or consequential losses, loss of profits, loss of revenue, or loss of business opportunity, whether or not such loss was foreseeable or the Company had been advised of its possibility.
10. Confidentiality
Each party agrees to keep confidential all information received from the other party in connection with the Services that is reasonably identifiable as confidential or proprietary. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or regulation.
The Company will handle all project drawings, specifications, and related documents as commercially confidential and will not share them with third parties without the Client's consent, except as strictly necessary for the provision of the Services.
11. Termination
Either party may terminate the contract on 7 days' written notice. If the Client terminates after work has commenced, the Client shall pay for all work completed to date at the Company's standard rates, plus any agreed disbursements incurred.
The Company may terminate immediately if the Client fails to pay any invoice within 30 days of the due date, becomes insolvent, or materially breaches these Terms and fails to remedy the breach within 7 days of written notice.
12. Governing Law
These Terms and Conditions and any dispute or claim arising from them shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
13. Changes to These Terms
The Company reserves the right to update these Terms and Conditions from time to time. The current version will be published on our website. Continued use of our Services after notification of any changes constitutes acceptance of the updated Terms.
These Terms were last updated in May 2025.
QUESTIONS ABOUT THESE TERMS?
If you have questions about these Terms and Conditions, please contact us before commissioning any work.
Britespire Construct
Flat 1,2 50 Brunswick Pl, Brighton and Hove, Hove BN3 1NB, UK
Email: info@britespireconstruct.co.uk
Phone: +44 (0) 7348 284 740