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Terms & Conditions

Online Payments, Terms and Conditions

Terms and Conditions

These terms and conditions apply to all purchases of services from Hertfordshire Building Control Limited made by you on this website. By submitting the online or paper hardcopy version of our application form you are confirming that you have read and accepted these terms and conditions. These terms and conditions are applicable to Hertfordshire Building Control Ltd in the capacity of offering a building control service and/or associated services. Our obligations as Building Control Inspectors do not extend to providing a clerk of works service, full site supervision, and/or control of your building works. This is your responsibility. Furthermore, it is your responsibility to ensure that all work carried out by you or on your behalf meets the requirements of the Building Regulations in force at the relevant time. By submitting your application, you confirm you understand that the Completion Certificate is not a document of guarantee or warranty that work carried out by you or your builders is entirely compliant with those regulations.

Terms

1.Terms

By purchasing any services (“Services”) from Hertfordshire Building Control Ltd you are agreeing to be bound by the website terms and these online terms. Please read them carefully before you submit your order to us. Payment for Services using a credit or debit card will be processed by Worldpay through a 128-bit Secure Socket Layer connection (SSL). No credit card data is held by Hertfordshire Building Control Ltd. Further information on how Worldpay processes your information is available from the www.worldpay.com website.

2.Information about us and how to contact us

2.1 Who we are
We are Hertfordshire Building Control Limited, a company registered in England and Wales. Our company registration number is 09990656 and our registered office is at Campus West, 4th Floor, The Campus, Welwyn Garden City, United Kingdom, AL8 6AE. Our registered VAT number is GB242928691.

2.2 How to contact us
You can contact us by telephoning us on 01438 879990 or by writing to us at the address  in paragraph 2.1 or by emailing us at building.control@hertfordshirebc.co.uk

2.3 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address (or postal address) you provided to us in your order.

2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order
Our acceptance of your order will take place when we acknowledge receipt of the order, at which point the contract will become legally binding between the two parties.

3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This may be due to:

  • unexpected limits on our manpower resources which we could not reasonably plan for; or
  • we have identified an error in the price or description of the Services; or
  • we are unable to meet a deadline you have specified; or
  • if the works are outside our geographical area.

4. Our right to make changes

4.1 We may make minor changes to our services:

  • To reflect changes in relevant laws or regulatory requirements; or
  • To implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the Services;
  • We may make more significant changes to the Services and these terms and conditions, but if we do so, we will notify you. If work on-site has not commenced, you may then contact us to terminate the contract before the changes take effect and receive a refund for any Services paid for but not yet received.

5. Your right to make changes

5.1 If you wish to make a change to the Services you have ordered:
We will let you know if the change is possible. If it is possible, we inform you about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract, if work on-site has not commenced.    if an event beyond our control delays our supply of the services

6. Providing the services

6.1 Dates
We will begin the Services on the date agreed with you during the order process: The estimated completion date for the Services is dependent on the progress of your building works.

6.2 We are not responsible for delays beyond our control:
If an event beyond our control delays our supply of the services, then we will inform you. We will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay and no works on site have commenced, you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

6.3 If you do not allow us access to provide the Services:
If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may take legal action to gain entry to the property

6.4 What will happen if you do not give required information to us:
We may need certain information from you so that we can supply the Services to you, for example, details of any proposed works. If so, this will have been stated in the description of the Services on our website. If you do not provide this information within a reasonable time of us asking for it, or if you provide incomplete or incorrect information, we may charge a reasonable sum to compensate us for any extra work that is required as a result. We will also not be held countable for any delay in delivery of our Services, as this is a result of you not supplying the required information within a reasonable time of us asking for it.

6.5 Reasons we may suspend the supply of Services to you:
We may have to suspend the supply of Services to:

  • to update the Services to reflect changes in relevant laws and regulatory requirements; or
  • to deal with technical problems or make minor technical changes; or
  • to make changes to the Services as requested by you or notified by us to you; or
  • if you do not, within a reasonable time, allow us to access to your premises to supply the services; or
  • if you act in such a way as to make it very difficult or impossible to perform the Services.

6.6 We may also suspend the supply of Services if you don’t pay
If you do not pay us for the Services as per our payment terms (see Clause 11.3), we may suspend the supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Services. As well as suspending the Services we may also charge you interest on your overdue payments and take legal action to recover the debt.

7. Your Rights to End the Contract

7.1 You can always end your contract with us:
You can always end your contract with us, provided building work has not commenced and arrangements have been made, if necessary, to engage another Building Control body.

Your rights when you end the contract, if site works have not commenced, will depend on what Services you have procured, whether it is defective how we are performing and when you decide to end the contract:

(a) if the Services you have bought are defectively performed or misdescribed you may have a legal right to end the contract (or to get the Services reperformed); or
(b) if you want to end the contract because of something we have done or have told you we are going to do, see 2; or
(c) if you have just changed your mind about the Services, see 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to administrative

7.2 Ending the contract because of something we have done or are going to do:
Ending the contract because of any act or omission by ourselves, provided building works have not commenced and arrangements have been made, if necessary, to engage another Building Control body.

If you are ending a contract for a reason set out in (a) to (e) below, the contract will end immediately, and we will refund you in full for any Services which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the Services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed; or
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control; or
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late)

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013):
For most Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 When you don’t have the right to change your mind:

(a) if any Services have been completed, even if it is during the cancellation period;
(b) if any of the Services have been partly completed, and you must pay us for the Services provided up until the time you tell us that you have changed your mind.

8. How to end your contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract:
Contract cancellation can only be done in writing. You can send a letter by post or by email to buildingcontrol@hertfordshirebc.co.uk. Please provide your name, home address, phone number, and email address, and details of the Services.

8.2 How we will refund you:
We will refund you the price you paid for the Services, using the same method you used for payment. However, we may make deductions from the refund for any supply of Services during the 1st calendar month after the day on which you contacted us to advise that you changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.3 When your refund will be made
We will make any refund due to you within fourteen days after the expiration of the contract. You should be aware that due to their nature, payments related to a Regularisation Certificate application or Building Notice are not refundable once made and the onus is on the developer or applicant to ensure that the application is required before depositing it.

8.3 Full Plan Application refunds
If the inspections are cancelled within three months of completing the plans check and provided no works have commenced on-site, a full refund for the inspection fees will be made.
If the inspections are cancelled after three months of completion of the plans check, 10% of the total inspection fee will be charged as administration charges. Inspections can only be cancelled before works start on site and if another Building Control Body has been engaged.

 

9. Our rights to suspend the contract

9.1 We may suspend the contract for Services, by writing, at any time, if:
(a) you do not make any payment to us when it is due and you still do not make payment within fourteen days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details of proposed works;
(c) you act in such a way as to make it very difficult or impossible to perform the Services.

10. If there is a problem with the Services

10.1 Tell us about problems
If you have any questions or complaints about the Services, please contact us in writing using the details set out above (clause 2.2).

10.2 Summary of your legal rights
We are under a legal duty to supply Services that are in conformity with this Contract and the law. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights:
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. We are providing services to you and the Consumer Rights Act 2015 says:

  • You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill or get some money back if we can’t fix it.
  • If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
  • If you have not agreed on a time beforehand, it must be carried out within a reasonable time.
  • See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11. Price and Payment

11.1 Where to find the price for the services:
The price for the Services (which includes VAT for most services – refer to clause 11.2 for exceptions) will be the price indicated on the order pages when you placed your order. Please also see clause 11.7 below. We take reasonable care to ensure that the price of the Services advised to you is correct. However, please see Clause 11.8 for what happens if we discover an error in the price of the Services you ordered.

11.2 We will pass on changes in the rate of VAT
If the VAT rate changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect. Certain Service charges are VAT exempt, namely; Regularisation fee, Demolition fee, Reversion fee.    

11.3 When you must pay and how you must pay:
(a) We accept payment with Cheques, BACS or Visa and Mastercard. Payment is made in advance and the application is only validated once we receive payment. No services will take place until payment is received; and
(b) if you submit an online application without making payment at the same time, you have 14 days to send payment via the methods mentioned above on clause 11.3 (a). If payment is not received with 14 days, the application will be voided and the documents deposited will no longer be available to be transferred to another application made in the future, i.e., if you submit the application at a later stage, the documents will have to be resubmitted; and
(c) confirmation of your payment made online will be displayed on your screen after you make the payment and it has been authorised and accepted. You will be given the option to print this; and
(d) misuse of a credit card or debit card or use without the authorisation of the legal holder of the credit card or debit card will be dealt with in the most serious manner and we will take appropriate action against those committing or attempting to commit online

11.4 We can charge interest if you pay late:
If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount is received. The interest is payable together with the overdue amount.

11.5 What to do if you think an invoice is incorrect:
If you think an invoice is wrong, please contact us promptly. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge interest on correctly invoiced sums from the original due date.

11.6 Debt Collection Costs:
If payment is not received after 4 reminders, the debt will be handed over for collection and additional costs will occur. These additional costs will depend on the value of the amount owing and will be added to the debt due plus any interest accrued.

11.7 The price you pay:
This is the price determined by us after assessing the work proposed, the circumstances, and type of application. If you received a fee quotation, this will be valid for 3 months, provided the work is identical and it is the same property.

11.8 Additional works:
A quote and invoice are raised based on the description of works on the application. If the extent of the work carried out on your property exceeds that of our original quotation or invoice issued, you are liable for any additional costs resulting from the extra work required. This may include but is not limited to any further work that we set out in our inspection schedule and/or our acknowledgment letter. We will advise the additional costs before we undertake the work.

11.9 Rejuvenation Fees:

After inspections start and building or other work related to the Services should stop for a certain period, the following fees are applicable:

(a)If works stop between 1 and 2 years since our last visit, a supplementary fee at the completion of the project will be charged. In addition, if Building Regulations have changed there will be an additional fee for any extra time needed to comply with the new Building Regulations; and

(b)If works stop between 2 and 3 years since our last visit, a supplementary fee at the completion of the project will be charged plus a one hour of a surveyor’s hourly rate, this will enable the surveyor to re-familiarize with all the file notes and plans. In addition, if Building Regulations have changed there will be an additional fee for any extra time needed to comply with the new Building Regulations; and

(c) If works stop for longer than 3 years, we will charge the standard Rejuvenation fee. This fee represents 4 hours of surveyors’ time at the current surveyors’ hourly rate. If more time is required, this will be charged per hour at the current surveyors’ hourly rate. In addition, if Building Regulations have changed there will be an additional fee for any extra time needed to comply with the new Building Regulations.

(d) As per our payment terms (refer to clause 11.3), Rejuvenation fees must be paid upfront, before the service recommenced.

11.10 Defective works:
If your builder has in our reasonable opinion carried out work which is defective or has carried it out negligently, more Services may be required than had been quoted for. Where further inspections or additional work or both are needed, we will prepare a quote before we undertake it.

12. Our responsibility for loss or damage suffered by you

12.1 Paragraphs 12.1 to 12.3 apply where you have contracted with us as a consumer and we are responsible to you for foreseeable loss and damage caused by us:
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so:
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Services

12.3 When we are liable for damage to your  property:
Where you have contracted for the Services as a business or have not contracted as a consumer, our liability to you for any damages is limited:

(a) We have no liability resulting from consequential loss, lost profits, lost data or business interruption arising out of the Services and the use, inability to use, or the result of use of our website, any websites linked to our website, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether you are advised of the possibility of such damages; and

(b) In respect of all other non-consumer liability, our liability is limited to the sum that you have paid or were due to have paid for the Services.

13. Other important terms

13.1 You need our consent to transfer your rights to someone else:
If you have not entered into this agreement as a consumer, you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.2 Nobody else has any rights under this contract:
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.3 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.4 Even if we delay in enforcing this contract, we can still enforce it later:
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you, but we continue to provide the Services, we can still require you to make the payment later or if we issue a completion certificate and there is still a balance due on your account, we can still require you to make the payment.

13.5 Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.

14. Personal data

14.1 We will treat all your personal details confidentially:
We will only use your details for processing your order. You should be aware that if we are requested to release your details by any regulatory or government authority investigating suspected illegal activities, we are entitled to do so. Some of your details i.e., name and address may be retained as a requirement relating to public information. We would like you to be aware that, by law, this may be on a register to which others can have access by request.

15. Website Changes

15.1 We reserve the right to modify or withdraw all or any part of our website without notice and your continued use of the website following such changes will be deemed to be your acceptance of them.

Just to stress the importance of leaving building sites safe, the importance of CDM and temporary support! This incident in Bushey over the bank holiday involved two buildings, the injured party was very fortunate. Pleased to be called upon #publicservice #construction @labcuk