TERMS AND CONDITIONS

Introduction:

By engaging York Green Ltd for our services, you are agreeing to the terms outlined in this document. If any part of these terms needs to be modified, we’ll discuss how it affects risk distribution, pricing, and any necessary adjustments. Once work commences, it will be understood that you have accepted these terms in their entirety.

1. Definitions:

1.1. Company: York Green Ltd.
1.2. Client: The business to which we’ve provided a proposal.
1.3. Limit of Liability: As outlined in section 11.3.
1.4. Report: Any findings, observations, or recommendations resulting from the services provided.
1.5. Parties: Refers to both the Company and the Client collectively.
1.6. Price: The fees, expenses, and costs payable for services rendered.
1.7. Work: The services provided as detailed in the proposal.
1.8. Authorised Employee: Any director of York Green Ltd.

2. Company’s Duties:

2.1. We will perform all work with the utmost skill and diligence, adhering to recognised professional standards.
2.2. If there are any significant changes to the scope of the work, including effects on price or schedule, we will notify you as soon as possible.
2.3. If necessary, we may adjust the work due to site conditions or safety requirements, with prior consent from you to cover any additional costs.
2.4. We will take reasonable precautions to avoid any damage to your property but cannot be held liable for issues not disclosed prior to starting the work.

3. Client’s Obligations:

3.1. You are required to disclose all known hazards, structures, and other relevant site information that may impact our work.
3.2. Provide us with access, permits, necessary power, welfare facilities, and any personnel we reasonably require for the execution of our work.
3.3. Should any issues arise with the work, it is your responsibility to inform us immediately so we can resolve them swiftly.
3.4. By proceeding, you accept the proposal and these terms and conditions.
3.5. Our standard rates and terms apply unless otherwise agreed in writing.
3.6. Oral advice is not binding unless confirmed in writing within seven days.
3.7. You are responsible for informing us of any health and safety risks on-site.

4. Confidentiality:

4.1. Both parties agree to maintain confidentiality regarding any sensitive information shared during the work.
4.2. Our reports are intended solely for your use and must not be shared without our prior written consent.
4.3. We may refer to general descriptions of the work for promotional purposes but will not disclose any confidential details.

5. Samples and Hazardous Substances:

5.1. Any hazardous materials resulting from our work remain your property, and you are responsible for their safe disposal.
5.2. You accept the risk that our methods may inadvertently spread contaminants despite our best precautions.
5.3. We will assess any hazardous substances we use and ensure that all safety measures are followed during the work.

6. Documents and Reports:

6.1. Any documents you provide remain your property and will be returned at your request.
6.2. Reports and findings remain our property until full payment is made and are intended for your exclusive use.
6.3. We retain copyright over proposals and reports, unless agreed otherwise in writing.
6.4. Our work benefits you directly and should not be relied upon by third parties without our explicit consent.

7. Price:

7.1. Our work is charged based on time, unless a fixed price has been agreed in writing.
7.2. Any estimates we provide are valid for 90 days, unless otherwise stated.
7.3. We will charge for any disbursements or expenses incurred while performing our work.

8. Payment Terms:

8.1. Invoices are due for payment within 30 days of issue.
8.2. Late payments will incur interest at 2% above Barclays Bank’s base rate.
8.3. We may suspend work if payment is not received within 60 days.
8.4. VAT and other applicable taxes will be added to invoices as appropriate.
8.5. Clients outside the UK are responsible for any taxes or duties that arise in their jurisdiction.

9. Postponed and Cancelled Work:

9.1. Cancelling or postponing work within 24 hours of the scheduled date may result in a charge of 100% of the invoice value.
9.2. Cancellations within five working days may incur a 75% fee, unless we are able to reassign our staff or resources.

10. Company Personnel:

10.1. You agree not to hire or attempt to employ any of our staff members involved in the project during our work and for one year after completion, without prior written consent.

11. Liability:

11.1. Our liability for losses caused by defective work is limited to a maximum of £5,000,000.
11.2. We are not liable for any indirect or consequential losses that may result from the work.
11.3. This limitation is deemed reasonable given the nature of the work, pricing, and the risks involved.

12. Insurance:

12.1. We maintain professional indemnity insurance to cover the liabilities outlined above and can provide proof of this coverage upon request.

13. Delegation and Assignment:

13.1. You cannot assign or transfer your rights or obligations under these terms without our written consent.

14. Force Majeure:

14.1. Neither party will be liable for any failure to perform duties due to events beyond their control.
14.2. If such delays last for more than 90 days, either party may choose to terminate the agreement.
14.3. Both parties will make reasonable efforts to overcome such difficulties and resume work as soon as possible.

15. Termination or Suspension:

15.1. Either party may terminate the agreement if the other becomes insolvent or breaches any major term.
15.2. If you terminate the agreement, you may still be liable to pay for work completed and associated costs incurred.
15.3. We reserve the right to suspend work if payment is not made on time.

16. Status of These Terms:

16.1. These terms represent the entire agreement between us and supersede any previous agreements.
16.2. Any amendments must be made in writing and signed by an authorised employee of York Green Ltd.
16.3. If any part of this agreement is found to be invalid, the remaining parts will continue to apply.
16.4. This agreement is governed by English law.

17. Disputes:

17.1. Any disputes will be handled in good faith, with an attempt to reach a resolution through negotiation before resorting to legal action.

18. Notices:

18.1. All formal notices must be sent via post or email to the addresses provided in the proposal.
18.2. Notices sent by email will be considered received at the time of transmission.

19. Third Parties:

19.1. These terms are exclusively for the benefit of the Company and Client, and do not grant rights to any third parties.

20. Data Protection:

20.1. We may need to collect and store personal data to carry out our work, in compliance with GDPR and our data protection policy.
20.2. The lawful basis for processing this data is 'Contractual Necessity'.

By working with York Green Ltd, you acknowledge and agree to the terms outlined above, which govern the nature of our professional relationship, responsibilities, and limitations of liability. Our goal is to provide the highest level of service, with clarity, fairness, and professionalism in all our dealings.