Terms & Conditions of Service (TCoS)
Terms and Conditions of Service (TCoS)
As a trusted, transparent, professional and responsible building service provider, we have created the following Terms and Conditions of Service (TCoS) which define and form the agreement, or "Contract", between Concept2Build and our Customers, for the provision of our services. These terms further set out our responsibilities to the Customer and the Customer’s responsibilities to us.
Whenever a Customer or potential Customer submits an enquiry to us or subsequently proceeds to accept a quotation from us (whether written or verbally), they are agreeing to these Terms and Conditions of Service (TCoS). If a client does not agree with these terms and conditions, they may not request, accept, or otherwise make use of our services.
1.1 The terms 'us', 'we', and 'our' refers to Concept2Build, its management, and its staff.
1.2 The terms 'Customer', and 'Customers', refers to the person or persons who is accepting and paying for our services to be provided to them.
1.3 The term 'supplier', refers to the person or business which we purchase goods, supplies, materials or services from for the purposes of providing our services to a client.
1.4 The term 'service' and 'services'', refers to the works undertaken and provided by us and provided to the Customer.
2. Enquiries, Quotation Requests, and Acceptance of Quotations
2.1 Enquiries and requests for quotations can be made to us either in person, by email, or by telephone.
2.2 We cannot guarantee that any particular request for us to provide services will be available or accepted.
2.3 No charge will be applied by us to any request for quotation and the Customer shall not be under any obligation to accept any quotation supplied to them by us.
2.4 Upon receiving a request for quotation from a Customer, we aim to supply quotations within 7 working days or as soon as practicable. However, quotations supplied by us may be subjected to longer waiting times or potential delays, for reasons of, but not limited to:
the level of demand from other Customers, and services we may already be in the process of providing to other Customers;
facilitating a site visit to obtain measurements and gather other information for the purposes of providing an accurate quotation, and by extension, the location of the Customer or the proposed site where our services are to be provided, and other factors beyond our control such as weather and delays due to traffic, diversions or road closures;
delays with our supplier(s) in obtaining our own quotations for the price of purchasing any required materials needed for us to provide our services.
2.5 Quotations shall be supplied by us to a Customer by email unless specifically requested in writing by the Customer at the time of requesting the quotation, in which case the quotation will be posted to the Customer's address via the postal service.
2.6 Quotations supplied by us to a Customer are valid for a maximum of 4 weeks from the date of issue. A new quotation must be requested from us by the Customer as they will not be able to accept an expired quotation after 4 weeks. Quotations are based on current rates and prices and as such is subject to change at any time without notice and therefore may differ from any previously issued quotation for the same service. Furthermore, in the event that rates and price of materials and labour may increase after a quotation is issued, we shall do everything we can to try to ensure that we adhere to the cost quoted to a Customer in our quotation, however where this is not possible, we shall communicate the need for any price increases to the Customer directly in writing immediately, and the Customer will be required to accept any price increase in writing directly to us by reply email. If the Customer fails to accept any written price increase notified to them, this may likely cause delays and potentially the suspension or abandonment of the provision of the services we provide them. We will of course work closely with our suppliers and Customers to try and ensure that further price increases do not happen and to help avoid any delays to or abandonment of our services as a result.
2.7 In order for a Customer to accept a quotation, they should reply directly to their quotation email expressing their wish to accept the quotation whilst the quotation is still valid. The Customer should also contact us in writing by reply email to discuss the quotation if they have any questions or concerns related to the quotation provided.
2.8 When the Customer replies to a quotation email to accept the quotation, we shall send them an invoice specifying the amount due and any specific payment arrangements.
3. Cooling Off Period
3.1 Except for services where the Customer has ordered specially made products (such as made-to-measure items for example), and except for urgent repairs or maintenance, for all services accepted with us over the phone, verbally, online or by email, the Customer has 14 days in which to cancel and get a full refund of any monies paid to us. The cooling-off period begins the day after you accept a quotation.
3.2 We shall not provide any services to the Customer within the 14-day cooling-off period unless these services are urgent repairs or maintenance, in which case the customer accepts that they may be liable to pay a cancellation fee or may lose some or all of any monies paid to us in advance.
4. Payment Arrangements, Invoicing & Terms of Payments
4.1 Except where clause 6.5 within these terms applies, payment for our services may be due in full, or in part at the time of accepting a quotation, and shall be specified within the quotation. For larger scale or longer duration services, we may arrange a payment schedule for the Customer, whereby they make payments on certain agreed dates for specific stages of a service.
4.2 In the event a payment schedule is arranged, the Customer must ensure that all payments are made in full on time and their account is brought up to date by each due date specified in the payment schedule. We reserve the right not to complete any current stage or proceed to any further stages of a service where a payment schedule has been arranged and payment has not been received by us in full or on time from the Customer. This will likely result in delays or abandonment of our services until the Customer's account is brought up to date in full, and may also result in late fees as specified within these terms and conditions.
4.3 Payment for our services must be made by direct bank transfer to our business bank account, the details of which are available on our invoice. This is unless otherwise agreed by us in writing. Customers should refer to their quotation or invoice for any specific payment instructions, including which reference number to use when making their bank transfer, however, this is usually the same as the invoice number.
5. Late Payments & Late Fees
5.1 Payments must be made in full and on time as per the quotation, invoice, and any written payment arrangements agreed by us with the Customer. A Customer's failure to make their payments on time is subject to incurring additional late fees which may accumulate until the debt is paid, as per the terms below:
A late fee of up to a maximum of 10% of the total amount outstanding shall be applied to the Customer, per each day, that the amount remains outstanding.
5.2 Whilst the above terms are agreed to by the Customer at the time of accepting a quotation, we shall endeavour to work with our Customers to ensure that payments are affordable, taking any personal circumstances into account, and we reserve the right to use our discretion as to whether or not we should apply our late payment fees and may in some instances offer a payment extension in writing. However, we are under no obligation to honour any payment extension or refrain from applying our late fee. Each late payment shall be considered on an individual basis, and any offer of a payment extension or refrain from applying a late fee at our discretion, shall not create a permanent easement and it should not be expected that this will be the case for any future missed payments.
5.3 In the event that any payments are not made, we reserve the right to suspend temporarily or permanently withdraw our services without notice at any time, and we shall reserve the right to remove any installed items which can be physically removed without causing damage to them. If any installed items cannot be removed either without damaging them or by any hindrance to access to remove installed items, we reserve the right to charge the Customer for these items in addition to any other outstanding amount owed.
5.4 Customers whose payment remains outstanding for more than 14 days of their payment due date, shall be sent a final warning letter, advising of our debt recovery process and shall continue to incur late fees.
5.5 Customers whose payment remains outstanding for more than 28 days of their payment due date, shall be referred to our debt recovery agent and legal action shall be taken in order to recover the outstanding amount owed. This will further result in all costs for recovery and legal processes being added to the total amount outstanding to be paid by the Customer.
5.6 Where payments are not made in full and on time, we reserve the right to abandon the service indefinitely or for the period of time in which any amount remains outstanding.
6. Cancellations & Cancellation Charges
6.1 Where the service has not started yet and is within the 14-day cooling-off period, the Customer may cancel and obtain a full refund of any monies paid to us, providing the notice of cancellation is given in writing.
6.2 Where the service has not started yet, is outside of the 14-day cooling-off period and no labour has been provided, the Customer must submit a minimum of 7 days advance notice to us in writing expressing their wish to cancel our services. In this instance, the Customer is liable to pay any loss of profit caused by their cancellation in the event we have set aside time to undertake the Customer's work and we are unable to secure any other work for the same period. This charge shall be due immediately and will be invoiced to the customer on the date of cancellation.
6.3 Where the service has started and labour has been provided, the Customer must submit a minimum of 7 days advance notice to us in writing expressing their wish to cancel our services. In this instance, the Customer is not only liable to pay any loss of profit caused by their cancellation in the event we have set aside time to undertake the Customer's work and we are unable to secure any other work for the same period, but must also pay for the costs of any work undertaken up until the time of submitting their written request to cancel. These charges shall be due immediately and will be invoiced to the customer on the date of cancellation. Furthermore, the Customer shall also be liable to pay the cost to produce, supply and dispose of any unused specially made-to-order items such as made-to-measure windows or doors for example, and which cannot be used elsewhere. All unused materials, equipment and tools shall remain our property and must be returned to us immediately.
6.4 Where the service has not started, no labour has been provided and is within the 14-day cooling-off period, we reserve the right to cancel, postpone or re-schedule works at any time and without notice for any reason. We shall notify the Customer of any intentions for us to cancel or re-schedule our services, in writing, and with as much notice as is practicable. In this instance, we shall provide the Customer with a full refund of any monies paid to us at the time.
6.5 Where the service has started, is outside of the 14-day cooling-off period, and labour has been provided, we reserve the right to cancel, postpone or re-schedule works at any time and for any reason, and shall provide our Customer with a minimum of 7 days' written notice of our intentions. In this instance, the Customer shall be charged for all labour and services provided up until the time of cancellation by issuing an invoice which must be paid in full within 28 days.
7. Our Responsibilities (and limitations to the same)
7.1 We will provide services on-site in a manner commensurate with good service. These services are provided subject to the following limitations:
We shall carry out our own comprehensive risk assessments prior to undertaking any services;
We shall ensure that we comply with all relevant laws, including health and safety on site, building control, standards, permits, permissions, and regulations;
We shall ensure that our services are provided in a considerate manner, by way of controlling our hours of working to socially acceptable and lawful times, reducing noise and other environmental pollution where practicable, refraining from blocking local roads or accesses unless where permitted by way of obtaining a permit from the local authority, and ensuring that all relevant legal and safety signage is displayed on site;
We shall ensure that all of our staff are adequately covered by our public liability insurance and are subjected to a fully enhanced DBS check prior to commencing any works;
We shall ensure that all of the materials we use are of the highest standards and quality, are purchased from trusted and approved suppliers, and that sustainable materials are used wherever able and appropriate;
We shall ensure that all of the tools we use are of the highest standards and quality, are purchased from trusted and approved suppliers, and are subject to regular cleaning, maintenance, and servicing where appropriate;
We shall communicate with our Customers at all times and provide periodic updates, including notice to the Customer of any potential variances in or changes to the original quotation or project/building plans.
We agree to be bound by these terms in their entirety and that these terms shall form a legally binding contract between and for the benefit of both parties.
8. Our Customer's Responsibilities (and limitations to the same)
8.1 The Customer agrees that they are bound by and shall ensure they adhere to these terms and conditions in their entirety and as such:
The Customer shall provide all relevant information to us, including the exact details of the service they are requesting us to undertake at the time of enquiry to be included in the quotation, and as such we shall not be held responsible for any variances in or changes to the original quotation or project/building plans and a finished stage or the completion of a service where this has been prior communicated by us to and accepted by the Customer in writing, or as result of the Customer failing to include specific details in their original enquiry before accepting our quotation;
The Customer shall reserve the right to make changes to the original quotation and project/building plan at any time, however, this must be done in writing and as soon as possible. We shall reserve the right to amend the price of the original quotation when revising a new quotation based on a Customer's changes and to charge any additional costs incurred in making these changes to the Customer. The Customer also accepts that making changes or requesting add-ons to the originally agreed project/building plans does not just affect the cost, but can result in further delays and extensions of time to the completion of their service;
The Customer shall ensure that all payments due are made in full and on time;
The Customer accepts that if payments are not made in full and on time, we reserve the right to apply our late fee, pursue debt recovery action, and suspend our services temporarily or withdraw our services permanently for the period of time in which any amount remains outstanding.
The Customer agrees to be bound by these terms in their entirety and that these terms shall form a legally binding contract between and for the benefit of both parties.
9. Disputes & Complaints
9.1 We encourage our Customers to raise any concerns or issues with us immediately in person, by phone or in writing so that we may work with them to resolve the issues for the customer where reasonable and practicable. However, in the unlikely event that a Customer might wish to raise a formal dispute or complaint regarding any part of our services, including the quality or standards of any labour rendered, the Customer must submit their formal dispute in writing by emailing email@example.com and all formal dispute emails must be marked with the subject name "Formal Dispute", and must include the Customer's name, address and contact telephone number. This is so that we can thoroughly investigate and address all issues raised correctly. and respond to the Customer affected without any unnecessary delays.
9.2 We shall endeavour to respond to all formal disputes and complaints received by email within 7 working days and we shall do so in writing by reply email. If the Customer is not satisfied with our response, they must respond in by reply email within 48 hours, explaining their reasons why they remain unsatisfied and what they believe we can do to rectify the situation. We shall then re-address the issues raised and send a final response email within a further 5 working days. If the Customer remains unsatisfied with our response, their statutory rights are not affected and they may seek further advice and support from Citizens Advice free of charge by calling 0808 223 1133, or through their appointed legal representation.
9.3 In the event of a dispute or complaint, the Customer may not withhold monies or otherwise refuse to pay any outstanding invoices, and doing so shall result in us following our late payment process as described under clause 5 of these terms. In the event of a dispute, we reserve the right to temporarily suspend or permanently withdraw our services and labour at any time and without notice until a resolution can be sought. In this case, we further reserve the right to access the site where services are being provided whilst the Customer is present, in order to remove any of our property including tools, equipment and materials, and the Customer agrees that they shall not refuse or otherwise hinder our access where requested for this purpose.
10. Force Majeure
10.1 The Customer accepts that we cannot be held responsible for any delays, hindrance, postponement or termination of our services, caused by unforeseen or unprecedented circumstances beyond our reasonable control, including but not limited to:
“Acts of God” such as unexpectedly harsh or dangerous weather conditions and natural catastrophes like floods, hurricanes, earthquakes, and fires, epidemics and pandemics;
Government actions, such as unforeseen or uncontrollable changes to law and legislation;
Social, economic, political, or other individual or group actions, such as riots, rebellions, wars, invasions, industrial disputes, terrorism, and strikes;
Local authority, highways or emergency services actions, including road closures, traffic diversions and traffic delays.
11. Jurisdiction & Governing Law
11.1 This Contract shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
11.2 If any clause or part of this Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid, or enforceable then that provision will, to the extent required, be served from this Agreement and will be ineffective without, as far as possible, modifying any other clause or part of this Contract and this will not affect any other provisions of this contract which will remain in full force and effect.
12.1 We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is material, we will try to provide at least 60 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12.2 These terms once agreed to, may only be varied or amended in writing and signed by the parties specifically referring to this clause stating that the Agreement is varied in the manner specified.
13. Contact Us
13.1 If you have any questions about these terms and conditions, please contact us by emailing firstname.lastname@example.org or calling 01903 496397.
14.1 Intellectual Property and Copy Rights reserved (2023)
15. Version & Review Details
15.1 Version V1.1
15.2 Terms updated 03/02/2023
15.3 Reviewed By: Keith Redfern (Owner/Head of Service)
15.4 Next Due To Be Reviewed: 2024, or as required following a change to the terms and conditions