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Terms & Conditions

SimplyNeat Fire Solutions Ltd  ·  Conditions of Engagement

Contents

1. About us

SimplyNeat Fire Solutions Ltd is a company registered in England and Wales (Company No. 13173946). Registered address: The Engine House, 77 Station Road, Petersfield, Hampshire, GU32 3FQ.

Contact: brian@simplyneatfire.co.uk  /  07842 901791.

SimplyNeat Fire Solutions Ltd is not VAT registered. Fees are as quoted.

SimplyNeat Fire Solutions Ltd maintains professional indemnity insurance of Β£5,000,000 per claim. Evidence may be provided on request.

2. Our contract with you

These terms and conditions (Terms) apply to the order by you and supply of Services (Services) by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.

These Terms and the Contract are made only in the English language.

These Terms refer to our Privacy Policy, which explains how we collect, use and store personal data.

3. Placing an order and its acceptance

Each instruction or order submitted by you, whether via our website, email, telephone, contact form or by acceptance of a written proposal, is an offer by you to purchase the Services subject to these Terms.

You are responsible for ensuring that the details of your instruction, order and any information supplied by you are complete and accurate.

A contract is formed only when we issue written acceptance of your instruction or order, or when you accept our written proposal, quotation or engagement letter (as applicable). No work will commence until a written proposal has been accepted unless we expressly agree otherwise in writing.

If we are unable to accept your instruction or order for any reason, we will inform you and, if you have already paid any amount for Services that will not be provided, we will refund that amount.

4. Our services

The Services provided by SimplyNeat Fire Solutions Ltd include fire risk assessment services, FRA reviews and revisits, enforcement-facing advisory work, and related fire safety consultancy. The specific scope of each instruction is set out in the engagement letter, proposal, quotation or other written scope issued prior to commencement.

All assessments are carried out personally by Brian Neat EngTech GIFireE NFRAR IFSM. SimplyNeat does not sub-contract assessments to third parties.

Unless expressly agreed otherwise in writing, the Services are limited to a visual, non-intrusive inspection of reasonably accessible areas and do not include opening-up works, destructive inspection, invasive testing, certification, statutory approvals, guarantees of compliance, or supervision, design or project management of remedial works.

The Services are provided with reasonable care and skill and reflect professional judgement at the time of inspection.

Any descriptions, illustrations or statements on our website or in marketing materials are published only for the purpose of giving a general indication of the Services and do not form part of the Contract.

We will use reasonable endeavours to meet any performance dates agreed with you, but those dates are estimates only and time shall not be of the essence unless expressly agreed in writing.

We may amend the scope or specification of the Services where required by law or regulation, or where the amendment does not materially affect the nature or quality of the Services.

5. The Responsible Person's and client obligations

The Responsible Person (as defined under the Regulatory Reform (Fire Safety) Order 2005 (as amended)) and, where different, the client, shall:

You shall cooperate with us in all matters relating to the Services and obtain and maintain all licences, permissions, consents and approvals required for the Services and access to the premises.

You shall ensure compliance with all applicable laws, including health and safety obligations, and provide any required site inductions, permits, escorts or supervision.

The Responsible Person retains full legal responsibility for compliance with fire safety legislation. The provision of a fire risk assessment does not transfer statutory duties, does not constitute legal or regulatory approval and does not guarantee compliance or freedom from enforcement action. The Responsible Person is solely responsible for determining appropriate actions, implementing recommendations, and monitoring and reviewing fire safety measures.

If our ability to perform the Services is prevented or delayed by your failure to comply with this clause, we may suspend performance until the relevant issue is remedied, and we shall not be liable for any resulting delay, cost or loss. You shall reimburse us on written demand for any additional costs reasonably incurred as a result.

6. Access, health & safety and site conditions

We reserve the right to refuse to commence or continue the Services where site conditions are unsafe or access is not properly provided.

If attendance is prevented, delayed or made materially more difficult by lack of access, unsafe conditions or other matters outside our control or caused by you, the full fee or a reasonable additional fee may be charged.

Any reattendance, reinspection or revisits required because of failed access, incomplete information or matters outside the original agreed scope shall constitute a separate instruction unless we agree otherwise in writing.

7. Fees, charges and payment

A fixed fee is agreed in writing before any assessment takes place. No work will commence until a written proposal has been accepted. Fees are due within 14 days of invoice unless otherwise agreed in writing.

We reserve the right to withhold all reports and deliverables until full payment is received.

Travel costs beyond 25 miles from Petersfield, Hampshire, are charged at Β£0.55 per mile or Β£250 per day for distant sites, as set out in the proposal.

FRA reviews and revisits for existing clients with no material change to the premises are charged at 60% of the original assessment fee, as set out in the proposal.

If, during the course of the Services, it becomes apparent that the size, complexity, occupancy or use of the premises, or the extent of documentation or risk profile, differs materially from that described at the time of quotation, we may require a reasonable adjustment to the fee before completion of the Services.

Interest may be charged on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

All sums payable under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding, except as required by law.

As SimplyNeat Fire Solutions Ltd is not VAT registered, no VAT will be added to quoted fees.

8. Changes, cancellations and termination

If you wish to change the scope of the Services after we accept your instruction and we agree to such change, we may adjust the fees, timescales and any other relevant terms accordingly.

If a confirmed site visit is cancelled with less than 48 hours' notice, a cancellation fee of 50% of the agreed assessment fee may be charged. Cancellations with more than 48 hours' notice will not incur a charge.

If we attend site and are unable to proceed due to access issues, unsafe conditions or circumstances beyond our control, the full fee may be charged.

Without limiting any other rights or remedies, we may suspend performance of the Services or terminate the Contract with immediate effect by written notice if you fail to pay any amount due on time, commit a material breach of the Contract and (if remediable) fail to remedy that breach within a reasonable period after notice, or become insolvent or cease or threaten to cease carrying on business.

Termination shall not affect any accrued rights, remedies, payment obligations or any provision which expressly or by implication is intended to survive termination.

9. Scope and limitations

Any fire risk assessment applies only to the premises and areas inspected at the time of the visit, is based on the conditions and information available at that time, and will identify any material limitations encountered.

The assessment does not cover hidden, latent or inaccessible defects, ceiling voids, wall cavities, floor voids or other concealed spaces unless exposed, nor specialist disciplines including fire engineering, structural analysis, electrical safety, gas safety or asbestos risks.

Where such matters are identified or suspected, referral to appropriate specialists may be recommended.

Any reinspection or verification of remedial actions constitutes a separate instruction unless expressly agreed otherwise in writing.

10. Reports and reliance

Reports are prepared solely for the named client for the purpose of managing fire safety at the specified premises.

No third party may rely on any report without our prior written consent.

The report shall not be used for other premises, amended or reproduced out of context, or used as a substitute for ongoing fire safety management.

11. Intellectual property

This website, all fire risk assessment reports and all associated materials are owned by, and remain the intellectual property of, SimplyNeat Fire Solutions Ltd. Such works are protected by copyright laws and treaties around the world. All rights are reserved.

Upon full payment, the client is granted a non-exclusive, non-transferable licence to use the report solely for the assessed premises and for the client's internal business purposes relating to the management of fire safety at those premises.

You must not modify paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs or graphics separately from any accompanying text.

Our status as the authors of content on our website must always be acknowledged and you must not use any part of that content for commercial purposes without our written consent.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website, any report, or any services provided via or in relation to our website, including for the development, training, fine-tuning or validation of AI systems or models. This clause is intended to operate as an express reservation of rights to the fullest extent permitted by law.

12. Data protection and personal information

We will use personal information you provide to us to supply the Services, process payment, communicate with you about the Services, and, where lawful, inform you about similar services that we provide. You may opt out of marketing communications at any time.

We will process personal information in accordance with our Privacy Policy, the terms of which are incorporated into the Contract.

13. Confidentiality

Each party shall keep confidential any non-public information obtained in connection with the Services concerning the other party's business, affairs, customers, clients or suppliers, except where disclosure is required by law, a court of competent jurisdiction or a regulatory authority.

Each party may disclose confidential information to its employees, officers, advisers or subcontractors who need to know that information for the purposes of the Contract, provided that the receiving party ensures that such persons comply with this clause.

Neither party shall use the other party's confidential information except for the purpose of exercising rights or performing obligations under the Contract.

14. Liability

Our professional indemnity insurance is Β£5,000,000 per claim and, to the fullest extent permitted by law, our total liability arising out of or in connection with the Services shall not exceed Β£5,000,000.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Subject to the above, we shall not be liable for loss of profit, sales, revenue, business, contracts, goodwill, anticipated savings, use of data or information, business interruption, loss of opportunity, or any indirect or consequential loss.

We shall not be liable for any loss arising from failure to implement recommendations, reliance by any third party, inaccurate or incomplete information provided by you, changes to the premises after inspection, or matters outside the agreed scope or in inaccessible areas.

No claim shall be brought unless written notice is given within 6 months of the report date or, if earlier, within 12 months of the date on which you became or ought reasonably to have become aware of the matter giving rise to the claim, and legal proceedings are commenced within 6 months after that notice.

This clause shall survive termination of the Contract.

15. Force majeure

We shall not be liable for any delay or failure to perform our obligations under the Contract if caused by an event beyond our reasonable control.

If such an event occurs, the time for performance shall be extended for the duration of the event and we may agree a revised date for performance with you.

16. Communications and notices

When we refer to 'in writing' in these Terms, this includes email.

Any notice or other communication given under or in connection with the Contract must be in writing and delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or sent by email to the relevant contact details last notified by the recipient.

A notice shall be deemed received: if delivered by hand, on signature of a delivery receipt or when left at the proper address; if sent by post, at 9.00 am on the second working day after posting; and if sent by email, at 9.00 am on the next working day after transmission.

This clause does not apply to the service of legal proceedings.

17. General

We may assign or transfer our rights and obligations under the Contract to another entity. You may not assign or transfer any of your rights or obligations without our prior written consent.

Any variation of the Contract shall only be effective if agreed in writing.

If we delay in enforcing the Contract or do not insist on strict performance, that will not amount to a waiver of our rights.

If any provision of the Contract is held to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and if that is not possible it shall be deemed deleted, but the remaining provisions shall remain in full force and effect.

The Contract is between you and us. No person other than the parties has any right to enforce any of its terms.

18. Governing law and jurisdiction

These Terms and any engagement between SimplyNeat Fire Solutions Ltd and the client are governed by the laws of England and Wales, and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them.

19. Changes to these terms

These Terms may be updated and amended from time to time. The terms applicable to any specific instruction are those in force at the time the relevant written proposal, quotation, engagement letter or order acceptance is issued.