Terms & Conditions of Service
The following represents the general contractual conditions under which we operate. Please note that these terms are subject to agreement between parties and may be subject to separate written variation.
See provision of services for additional company related information.
See provision of services for additional company related information.
1 - DEFINITIONS AND GENERAL
1.1 - As of 1st August 2015 “Bondstones (Chartered Surveyors)” and “Bondstones (Planning & Design)” are trading styles of Bondstones 1990 Ltd (BONDSTONES)– a limited company registered in England (no. 8970430) – and shall refer to any such organisation or body corporate that may lawfully acquire or lawfully continue in business under the same trading names – of which change all clients shall have due notice.
1.2 - BONDSTONES' registered office is at: c/o The Old Workshop, 40 Fairfield Green, Churchinford, Somerset. TA3 7RR
1.3 - General correspondence or enquires should be forwarded to: Bondstones, Hestercombe House, Hestercombe, Taunton TA2 8LG. By phone: 0845 544 1990 - or – by email to enquiries@bondstones.co.uk
1.4 - Accounts enquiries should be sent to accounts.1990@bondstones.co.uk
1.5 - For the avoidance of doubt, the word ‘Bondstones’ and the Bondstones wordmark are registered trademarks and used under licence from the trademark owner. Registered no. UK00003049388.
1.6 - “Client” means any person, partnership or company whose request for the provision of services is accepted by Bondstones 1990 Limited – for the purposes of this document and related contractual undertakings hereinafter referred to as BONDSTONES.
1.7 - For the avoidance of doubt BONDSTONES itself shall have no liability whatsoever to the Client under these conditions.
1.8 - These conditions shall apply to all services provided by BONDSTONES to the Client (“Services”) unless otherwise agreed in writing. These conditions shall take effect to the exclusion of any other terms and conditions of the Client or otherwise. No prior correspondence, addition to, variation or waiver of these conditions shall be binding unless agreed in writing by BONDSTONES.
1.9 - The headings in these conditions shall not affect their construction or interpretation.
1.2 - BONDSTONES' registered office is at: c/o The Old Workshop, 40 Fairfield Green, Churchinford, Somerset. TA3 7RR
1.3 - General correspondence or enquires should be forwarded to: Bondstones, Hestercombe House, Hestercombe, Taunton TA2 8LG. By phone: 0845 544 1990 - or – by email to enquiries@bondstones.co.uk
1.4 - Accounts enquiries should be sent to accounts.1990@bondstones.co.uk
1.5 - For the avoidance of doubt, the word ‘Bondstones’ and the Bondstones wordmark are registered trademarks and used under licence from the trademark owner. Registered no. UK00003049388.
1.6 - “Client” means any person, partnership or company whose request for the provision of services is accepted by Bondstones 1990 Limited – for the purposes of this document and related contractual undertakings hereinafter referred to as BONDSTONES.
1.7 - For the avoidance of doubt BONDSTONES itself shall have no liability whatsoever to the Client under these conditions.
1.8 - These conditions shall apply to all services provided by BONDSTONES to the Client (“Services”) unless otherwise agreed in writing. These conditions shall take effect to the exclusion of any other terms and conditions of the Client or otherwise. No prior correspondence, addition to, variation or waiver of these conditions shall be binding unless agreed in writing by BONDSTONES.
1.9 - The headings in these conditions shall not affect their construction or interpretation.
2 - PROVISION OF SERVICES
2.1 - BONDSTONES shall provide Services according to the written instructions received from the Client from time to time for the fee agreed in writing. In default of agreement BONDSTONES shall charge for the Services at its usual unadjusted rates for such work at a rate of £110 / hour plus disbursements and expenses. Any discounts, offers or reduced rates offered by BONDSTONES to the Client shall be offered in good faith. However, in any case of default of agreement, any discounts, offers or reductions offered in shall become void and the full un-adjusted fees shall become payable (at BONDSTONES discretion).
2.2 - Where a member of BONDSTONES staff is named as the person to provide the Services BONDSTONES shall be entitled to use other staff of comparable skill and experience to supply Services.
2.3 - Unless otherwise agreed in writing between the parties BONDSTONES will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases BONDSTONES will take reasonable steps to safeguard the security of the information held and transmitted, but will not accept liability for its security and confidentiality beyond these steps.
2.4 - Bondstones may record, without further notice, all telephone and verbal communications (incoming and outgoing) for monitoring, training, security and customer service purposes. Information recorded and data held will be treated as with all other electronic communications.
2.2 - Where a member of BONDSTONES staff is named as the person to provide the Services BONDSTONES shall be entitled to use other staff of comparable skill and experience to supply Services.
2.3 - Unless otherwise agreed in writing between the parties BONDSTONES will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases BONDSTONES will take reasonable steps to safeguard the security of the information held and transmitted, but will not accept liability for its security and confidentiality beyond these steps.
2.4 - Bondstones may record, without further notice, all telephone and verbal communications (incoming and outgoing) for monitoring, training, security and customer service purposes. Information recorded and data held will be treated as with all other electronic communications.
3 - CLIENT OBLIGATIONS
3.1 - The Client warrants that all information provided by or for him to BONDSTONES will be full and accurate.
3.2 - The Client will be responsible for assessing and acting upon the recommendations and advice given byBONDSTONES and for any commercial decisions that it makes. The Client is responsible for taking into account the limitations in the instructions given to BONDSTONES, and commercial and other factors, of which the Client and its other advisors are, or should be aware.
3.3 - The Client will ensure that all legislative and health and safety requirements are complied with in relation to employees of BONDSTONES working on the Client’s premises.
3.4 - The Client will ensure that any employee, employees, agents or themselves attending BONDSTONESpremises will comply with statutory and BONDSTONES health, safety, welfare, information technology and security arrangements.
3.5 - Delivery, maintenance and insurance of materials and equipment provided by the Client shall be the responsibility of the Client.
3.6 - BONDSTONES will be responsible for its own materials and equipment.
3.7 - The Client will indemnify BONDSTONES against claims brought or threatened by third parties (including all liabilities, losses, reasonable legal fees and internal management and administrative costs arising from such claims) as a result of or connected with the Services except to the extent that BONDSTONES is legally liable to the Client.
3.8 - Where it is appropriate to do so the client will assist BONDSTONES with any marketing and promotional activities that BONDSTONES may choose to undertake (at the company’s own cost – unless by mutual agreement) either during or after the completion of the agreed works. This will include but is not limited to providing reasonable opportunity for collection of promotional photographs and other marketing media (including written articles) relating to works undertaken and, where safe and lawful to do so, the Client will permit BONDSTONES to install promotional signage at the site for the duration of the project.
3.2 - The Client will be responsible for assessing and acting upon the recommendations and advice given byBONDSTONES and for any commercial decisions that it makes. The Client is responsible for taking into account the limitations in the instructions given to BONDSTONES, and commercial and other factors, of which the Client and its other advisors are, or should be aware.
3.3 - The Client will ensure that all legislative and health and safety requirements are complied with in relation to employees of BONDSTONES working on the Client’s premises.
3.4 - The Client will ensure that any employee, employees, agents or themselves attending BONDSTONESpremises will comply with statutory and BONDSTONES health, safety, welfare, information technology and security arrangements.
3.5 - Delivery, maintenance and insurance of materials and equipment provided by the Client shall be the responsibility of the Client.
3.6 - BONDSTONES will be responsible for its own materials and equipment.
3.7 - The Client will indemnify BONDSTONES against claims brought or threatened by third parties (including all liabilities, losses, reasonable legal fees and internal management and administrative costs arising from such claims) as a result of or connected with the Services except to the extent that BONDSTONES is legally liable to the Client.
3.8 - Where it is appropriate to do so the client will assist BONDSTONES with any marketing and promotional activities that BONDSTONES may choose to undertake (at the company’s own cost – unless by mutual agreement) either during or after the completion of the agreed works. This will include but is not limited to providing reasonable opportunity for collection of promotional photographs and other marketing media (including written articles) relating to works undertaken and, where safe and lawful to do so, the Client will permit BONDSTONES to install promotional signage at the site for the duration of the project.
4 - PAYMENT TERMS
4.1 - Clients are guided to take notice of payment terms written within estimate and / or contractual documentation issued. Unless otherwise stated all invoiced sums are due within 21 days of invoice date. Where fees are payable on submission - BONDSTONES reserves the right to withhold planning applications or other submissions until cleared funds are received and confirmed.
4.2 - BONDSTONES reserves the right unilaterally to vary payment terms by giving prior written notice.
4.3 - If any payment is not made to BONDSTONES by the due date:
i. BONDSTONES reserves the right to cease to provide the Services, to withdraw any active applications
submitted on behalf of the client and to terminate any contract;
ii. BONDSTONES reserves the right to charge additional fees (in accordance with clause 2.1 above) to recover any costs incurred in administration of the account, and where necessary, to pass on the Clients account to an external agency for immediate collection without further notice to the Client;
iii. the Client agrees that payment for all contracted services and / or services carried out by BONDSTONES up to that date shall become due and payable forthwith whether or not an invoice has been issued in respect of that work and notwithstanding that 21 days may not have expired since the invoice date; and
iv. BONDSTONES reserves the right to charge compensation and interest on any late or overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 - or any subsequent revisions or replacement thereof - The rate of interest calculated in respect of late payments will be 5% over the base rate of Lloyds Bank PLC in force from time to time, or;
v. where any agreement between the Client and Bondstones are not expressly covered by provisions of the Late Payment of Commercial Debts (interest) Act 1998, the Client agrees to pay compensation and interest on overdue sums as if they were a body corporate - and thus obligated by that act.
4.4 - The Client shall reimburse BONDSTONES for all expenses properly incurred by BONDSTONES in the discharge of the Services.
4.5 - Where required, BONDSTONES will add VAT to its charges and expenses at the applicable rate then in force.
4.6 - BONDSTONES reserves the right to take up credit, bank and other references.
4.2 - BONDSTONES reserves the right unilaterally to vary payment terms by giving prior written notice.
4.3 - If any payment is not made to BONDSTONES by the due date:
i. BONDSTONES reserves the right to cease to provide the Services, to withdraw any active applications
submitted on behalf of the client and to terminate any contract;
ii. BONDSTONES reserves the right to charge additional fees (in accordance with clause 2.1 above) to recover any costs incurred in administration of the account, and where necessary, to pass on the Clients account to an external agency for immediate collection without further notice to the Client;
iii. the Client agrees that payment for all contracted services and / or services carried out by BONDSTONES up to that date shall become due and payable forthwith whether or not an invoice has been issued in respect of that work and notwithstanding that 21 days may not have expired since the invoice date; and
iv. BONDSTONES reserves the right to charge compensation and interest on any late or overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 - or any subsequent revisions or replacement thereof - The rate of interest calculated in respect of late payments will be 5% over the base rate of Lloyds Bank PLC in force from time to time, or;
v. where any agreement between the Client and Bondstones are not expressly covered by provisions of the Late Payment of Commercial Debts (interest) Act 1998, the Client agrees to pay compensation and interest on overdue sums as if they were a body corporate - and thus obligated by that act.
4.4 - The Client shall reimburse BONDSTONES for all expenses properly incurred by BONDSTONES in the discharge of the Services.
4.5 - Where required, BONDSTONES will add VAT to its charges and expenses at the applicable rate then in force.
4.6 - BONDSTONES reserves the right to take up credit, bank and other references.
5 - BONDSTONES’ WARRANTIES AND LIABILITY
5.1 - BONDSTONES will use reasonable skill and care in carrying out the Services. BONDSTONES advice is based upon the business climate and circumstances prevailing at the time the advice is given. BONDSTONES accepts no responsibility for any external factors which may later change or fluctuate or of which BONDSTONES cannot reasonably be expected to be aware.
5.2 - The parties agree that BONDSTONES advice will only apply in the context of the instructions given by the Client to BONDSTONES.
5.3 - BONDSTONES will not accept liability for use by the Client in any other circumstances.
5.4 - Any advice or recommendations given by BONDSTONES as part of the Services will not be binding onBONDSTONES unless confirmed by BONDSTONES in writing.
5.5 - Any work carried out for the Client by BONDSTONES outside the Services and for which BONDSTONES does not charge the Client shall not be, or deemed to be, subject to any contract between BONDSTONES and the Client. BONDSTONES will not expect or agree to the Client relying upon such work and BONDSTONES excludes all liability in contract and in tort, including for negligence, for such work.
5.6 - BONDSTONES will not be liable for any of the following arising from provision of the Services(including arising from BONDSTONES negligence):
i. loss of anticipated profits or expected future business;
ii. damage to reputation or goodwill;
iii. damages, costs or expenses payable by the Client to any third party;
iv. loss of any order or contract; or
v. indirect or consequential loss of any kind.
5.7 - BONDSTONES will not be liable for
i. any failure or delay in carrying out the Services attributable to any act or omission, or delay by the Client, its employees or contractors; or
ii. any products supplied by a third party.
5.8 - The Client shall bring any claim related to the Services within two years of
i. the relevant incident; or
ii. the date when the Client ought reasonably to have been aware of the existence of the claim. BONDSTONESexcludes liability for claims brought outside this time limit.
5.9 - The liability of BONDSTONES in contract, negligence or otherwise relating to the Services shall be limited to the reasonable cost of remedying any defect in the Services or other matter constituting a breach and in no circumstances shall the liability of BONDSTONES exceed the greater of £100,000 or one-and-one-half times the total paid by the Client to BONDSTONES for the Services.
5.10 - Nothing in this clause 5 shall limit the liability of BONDSTONES for death or personal injury caused by its negligence.
5.2 - The parties agree that BONDSTONES advice will only apply in the context of the instructions given by the Client to BONDSTONES.
5.3 - BONDSTONES will not accept liability for use by the Client in any other circumstances.
5.4 - Any advice or recommendations given by BONDSTONES as part of the Services will not be binding onBONDSTONES unless confirmed by BONDSTONES in writing.
5.5 - Any work carried out for the Client by BONDSTONES outside the Services and for which BONDSTONES does not charge the Client shall not be, or deemed to be, subject to any contract between BONDSTONES and the Client. BONDSTONES will not expect or agree to the Client relying upon such work and BONDSTONES excludes all liability in contract and in tort, including for negligence, for such work.
5.6 - BONDSTONES will not be liable for any of the following arising from provision of the Services(including arising from BONDSTONES negligence):
i. loss of anticipated profits or expected future business;
ii. damage to reputation or goodwill;
iii. damages, costs or expenses payable by the Client to any third party;
iv. loss of any order or contract; or
v. indirect or consequential loss of any kind.
5.7 - BONDSTONES will not be liable for
i. any failure or delay in carrying out the Services attributable to any act or omission, or delay by the Client, its employees or contractors; or
ii. any products supplied by a third party.
5.8 - The Client shall bring any claim related to the Services within two years of
i. the relevant incident; or
ii. the date when the Client ought reasonably to have been aware of the existence of the claim. BONDSTONESexcludes liability for claims brought outside this time limit.
5.9 - The liability of BONDSTONES in contract, negligence or otherwise relating to the Services shall be limited to the reasonable cost of remedying any defect in the Services or other matter constituting a breach and in no circumstances shall the liability of BONDSTONES exceed the greater of £100,000 or one-and-one-half times the total paid by the Client to BONDSTONES for the Services.
5.10 - Nothing in this clause 5 shall limit the liability of BONDSTONES for death or personal injury caused by its negligence.
6 - TERMINATION
6.1 - Without prejudice to their other rights, a party may terminate the contract if;
i. the other party commits a material irremediable breach or fails to remedy a material and remediable breach within 21 days of receipt of written notice to do so;
ii. the other party has an administrator or administrative receiver appointed over all or any of its assets or goes into insolvent liquidation; or
iii. an event within the scope of condition 9.2 prevents or delays BONDSTONES from carrying out the Services for 60 consecutive days or more.
6.2 - Payment for all Services carried out up to and including the date of termination shall be due immediately upon termination by the Client pursuant to condition 6.1.
6.3 - Payment due on termination by BONDSTONES pursuant to condition 6.1 shall include:
i. payment for all Services carried out up to and including the date of termination; and
ii. reimbursement to BONDSTONES of the cost of any commitments entered into by BONDSTONES on the assumption that it would otherwise supply all of the Services.
i. the other party commits a material irremediable breach or fails to remedy a material and remediable breach within 21 days of receipt of written notice to do so;
ii. the other party has an administrator or administrative receiver appointed over all or any of its assets or goes into insolvent liquidation; or
iii. an event within the scope of condition 9.2 prevents or delays BONDSTONES from carrying out the Services for 60 consecutive days or more.
6.2 - Payment for all Services carried out up to and including the date of termination shall be due immediately upon termination by the Client pursuant to condition 6.1.
6.3 - Payment due on termination by BONDSTONES pursuant to condition 6.1 shall include:
i. payment for all Services carried out up to and including the date of termination; and
ii. reimbursement to BONDSTONES of the cost of any commitments entered into by BONDSTONES on the assumption that it would otherwise supply all of the Services.
7 - CONFIDENTIALITY AND INTELLECTUAL PROPERTY
7.1 Subject to the following and to clause 2.3, BONDSTONES will treat as confidential all trade secrets and confidential information received from the Client relating to the Services concerning the Client or its business. BONDSTONES will not disclose such information to a third party without the prior written consent of the Client. BONDSTONES may use information obtained while providing the Services for the compilation of statistics.
7.2 - All information and advice provided by BONDSTONES to the Client is for the sole use of the Client and shall not be disclosed or made available by the Client to any third party without the prior written consent ofBONDSTONES.
7.3 - Neither party shall be prevented from disclosing information which:
i. is or becomes public knowledge;
ii. is or becomes known from other sources without restriction on disclosure;
iii. is required to be disclosed by law; or (iv) the recipient party can prove is or has been independently developed by the recipient.
7.4 - The Client will neither display nor use either the name BONDSTONES or the BONDSTONES logo or wordmark, nor will the Client disclose to any third party BONDSTONES involvement in the Services without the prior written consent of BONDSTONES, unless legally required to do so.
7.5 - All copyright in working papers, reports and other materials produced by BONDSTONES shall vest in BONDSTONES, but the Client may circulate copies of such within its own organisation.
7.2 - All information and advice provided by BONDSTONES to the Client is for the sole use of the Client and shall not be disclosed or made available by the Client to any third party without the prior written consent ofBONDSTONES.
7.3 - Neither party shall be prevented from disclosing information which:
i. is or becomes public knowledge;
ii. is or becomes known from other sources without restriction on disclosure;
iii. is required to be disclosed by law; or (iv) the recipient party can prove is or has been independently developed by the recipient.
7.4 - The Client will neither display nor use either the name BONDSTONES or the BONDSTONES logo or wordmark, nor will the Client disclose to any third party BONDSTONES involvement in the Services without the prior written consent of BONDSTONES, unless legally required to do so.
7.5 - All copyright in working papers, reports and other materials produced by BONDSTONES shall vest in BONDSTONES, but the Client may circulate copies of such within its own organisation.
8 - BONDSTONES STAFF
8.1 - The Client shall not during the provision of the Services or within 6 months after the completion of the such without BONDSTONES prior written consent offer employment to any member of BONDSTONES staff who has carried out work in connection with the Services or engage any such person either directly or indirectly to provide services to the Client.
8.2 - If the Client is in breach of condition 8.1 the Client agrees to pay to BONDSTONES, on demand, a sum equal to 50% of the total annual remuneration package paid by BONDSTONES to the member of its staff concerned prior to his/her departure. The Client acknowledges that this sum represents a genuine and fair assessment of the likely loss to BONDSTONES.
8.3 - If the Client is in breach of condition 8.1, notwithstanding 8.2 above, and the member of staff is a shareholder in BONDSTONES, the Client agrees to pay a sum to BONDSTONES equivalent to the total value of shares held by the relevant staff member at the time.
8.2 - If the Client is in breach of condition 8.1 the Client agrees to pay to BONDSTONES, on demand, a sum equal to 50% of the total annual remuneration package paid by BONDSTONES to the member of its staff concerned prior to his/her departure. The Client acknowledges that this sum represents a genuine and fair assessment of the likely loss to BONDSTONES.
8.3 - If the Client is in breach of condition 8.1, notwithstanding 8.2 above, and the member of staff is a shareholder in BONDSTONES, the Client agrees to pay a sum to BONDSTONES equivalent to the total value of shares held by the relevant staff member at the time.
9 - MISCELLANEOUS
9.1 - If two or more parties engage BONDSTONES to supply Services in respect of a particular contract then such parties shall be jointly and severally liable for payment for the Services.
9.2 - BONDSTONES will not be liable for any failure or delay in carrying out the Services due to any circumstances beyond its reasonable control.
9.3 - Any notice by either party shall be deemed to have been properly given if delivered by hand, or sent by first class recorded delivery post to the other party at its address notified in writing, and shall be deemed to have been delivered two working days after the date of posting.
9.4 - Any condition found to be invalid or unenforceable shall be severed, and the remaining conditions shall continue to be valid and enforceable as if the contract had been agreed without the invalid or unenforceable condition.
9.5 - The contract to which these terms and conditions apply shall be governed by English law and the parties submit to the nonexclusive jurisdiction of the English courts.
9.6 - Conditions 7 and 8 shall remain enforceable irrespective of termination of the contract or completion of the Services for whatever reason. Termination or completion shall not prejudice the accrued rights or liabilities of either party.
9.7 - A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any condition of this Contract. This does not affect any right of a third party which exists other than pursuant to that Act.
9.2 - BONDSTONES will not be liable for any failure or delay in carrying out the Services due to any circumstances beyond its reasonable control.
9.3 - Any notice by either party shall be deemed to have been properly given if delivered by hand, or sent by first class recorded delivery post to the other party at its address notified in writing, and shall be deemed to have been delivered two working days after the date of posting.
9.4 - Any condition found to be invalid or unenforceable shall be severed, and the remaining conditions shall continue to be valid and enforceable as if the contract had been agreed without the invalid or unenforceable condition.
9.5 - The contract to which these terms and conditions apply shall be governed by English law and the parties submit to the nonexclusive jurisdiction of the English courts.
9.6 - Conditions 7 and 8 shall remain enforceable irrespective of termination of the contract or completion of the Services for whatever reason. Termination or completion shall not prejudice the accrued rights or liabilities of either party.
9.7 - A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any condition of this Contract. This does not affect any right of a third party which exists other than pursuant to that Act.
T&C's updated December 2019
