**Terms and Conditions for DPS Buildscapes Ltd**
**1. Introduction**
These Terms and Conditions govern the services provided by DPS Buildscapes Ltd ("the Company"). By engaging our services, signing the estimate or engaging with the Company in any way you ("the Client") agree to be bound by these terms.
**2. Services**
DPS Buildscapes Ltd provides construction, landscaping, and property maintenance services. A detailed description of services will be provided in the estimates and invoices.
**3. Estimation and Payment**
3.1. All Estimates provided by the Company are valid for a period of 30 days. All estimates are not a set price and the company may alter these at anytime for changes in material costs, extra materials needed, changes in the scope of work or if a contractor alters their estimate.
3.2. A deposit of 33% of the estimate is required a minimum of three weeks before work commences. This deposit will be non refundable in event of cancellation or termination by the client.
3.3. The Final balance is due upon completion of the work, unless work is spread over more than one week where the final payment will be divided and paid across the weeks booked or otherwise agreed in writing. This will be paid on Friday of each week. This is limited to what work is agreed to on the estimate.
3.4. Final payments are due the same day the final invoice is issued. After 3 days you will start receiving late payment charges. Late payments will incur a charge of 5% per week on the outstanding amount. Until the full amount is paid. If any payment due under this Agreement is not received within 14 days of the due date, the party owed may terminate this Agreement upon written notice to the other party. In such event, all work shall cease and final invoice shall be issued. The party owed reserves the right to take appropriate action to recover outstanding amounts, including but not limited to initiating legal proceedings or pursuing other recovery methods, to cover any associated costs.
3.5 The Client understands that payment of the estimated price before job completion is made at their own risk. The estimate is based on the information available at the time and is subject to change based on materials, labor, and scope of work as the project progresses. Should additional materials or services be required beyond the initial estimate, the Client agrees to cover these additional costs. The Company will make reasonable efforts to communicate any changes to the estimate before incurring additional charges.
All payments for services rendered by contractors engaged by the Company must be made in full upfront, prior to the commencement of any work. Failure to remit payment as specified will result in a delay of services and may lead to termination of the contracted work and may incur extra charges.
3.6 In the event that the client requests a refund after payment has been made, the Company reserves the right to evaluate and approve refunds based on the circumstances at hand, including but not limited to changes in the project scope or incurred costs by the Company or by approved contractors. By proceeding with payment, the Client confirms their understanding of and agreement to these terms. Whether the payments are requested by the Company or the client.
**4. Client Responsibilities**
4.1. The Client agrees to provide access to the property and necessary utilities required for the completion of work.
4.2. The Client must inform the Company of any existing issues or concerns regarding the property prior to the commencement of work.
4.3. The client is liable for any damages to the property access they have provided.
**5. Schedule and Delays**
5.1. The Company will provide an estimated timeline for the completion of the services.
5.2. Delays due to weather, material shortages, or other unforeseen circumstances will be communicated to the Client.
5.3. Any Delays due to weather, material shortages, or other unforeseen circumstances will be charged at a daily rate of agreed labour cost if it means work runs over the agreed time.
5.4. In the event that the Client causes any delays in the project timeline, including but not limited to failure to provide necessary information, approvals, or feedback in a timely manner, the Company reserves the right to charge an additional fee for any resultant delays. This fee will be charged at a rate of £10 per day. The Client will be notified of any delays.
**6. Changes to the Work**
6.1. Any changes requested by the Client must be made in writing.
6.2. The Company reserves the right to adjust the timeline and costs based on changes requested.
**7. Client-Purchased Materials**
7.1. **Client Responsibility**: If the Client chooses to purchase their own materials for the project, the client acknowledges and agrees that they assume full responsibility for the quality, suitability, and compliance of such materials. The Company shall not be liable for any defects, deficiencies, or issues that may arise from the use of Client-supplied materials.
7.2. **Additional Work Charges**: In the event that Client-purchased materials do not meet project requirements or result in additional work or adjustments, the Client agrees to cover all associated costs. This includes, but is not limited to, labor costs for adjustments, rework, or additional materials necessary to complete the project to the required standards.
7.3. **Recommendation for Approval**: The Company may recommend specific materials to ensure quality and compatibility with the project, but any decision made by the Client to procure alternative materials will be done at the Client’s own risk.
7.4. **No Warranty**: The Company provides no warranty for any materials supplied by the Client and is not responsible for any consequences stemming from the use of such materials.
By engaging in the purchase of materials, the Client confirms their understanding of these terms and accepts all associated risks.
**8. Use of approved and preferred contractors**
8.1 The Company uses contractors for certain trades. The Client will be charged for the work plus 10% as a management fee.
8.2 The Client agrees that all services provided in connection with contractors will be carried out exclusively by contractors appointed, preferred and approved by the Company. This is so we can guarantee all work completed. The Client shall not engage with or allow any third-party contractors to perform services, provide estimates or quotes related to the work to be completed. Any unauthorized use of third-party contractors may result in the termination of the service agreement and potential additional charges. This will also void all guarantees. No refunds will be given if a 3rd party is contacted by the Client. No refunds are available for money paid to contractors.
8.3 The Company is not responsible for the estimate pricing of our contractors and this price may change depending on working environment, scope of work, materials and or timescales. The Client will be notified of any changes to prices.
8.4 The Client agrees that all inquiries, requests for information, or communications regarding the services shall be directed solely to the Company. The Client shall not approach or communicate directly with any contractors engaged by the Company for the purpose of obtaining information, details, or for any other reason. Any breach of this provision may result in immediate termination of the service agreement and potential additional charges. The Company reserves the right to take appropriate action to enforce this clause. Wether any member of the Company is on “site” or not.
**9. Warranties and Liability**
9.1. The Company warrants that services will be performed with reasonable care and skill.
9.2. The Company is not liable for any indirect or consequential losses arising from the services provided.
9.3. Any defects must be reported to the Company within 10 days of completion for a resolution.
9.4 The Company will not be held liable for any injuries to the Client or anyone that is not working for or contracted by the Company if they enter the work area’s.
**10. Insurance and Compliance**
DPS Buildscapes Ltd is fully insured and complies with all relevant regulations and industry standards.
**11. Termination**
11.1 Either party may terminate the contract with written notice via post or email. If the other party fails to comply with these Terms and Conditions. If terminated by the Client no refunds shall be given and the final invoice shall be produced, this must be paid by the Client within 3 days or late payment fees will be added. If terminated by the Company no refunds shall be given and the final invoice shall be produced, this must be paid by the Client within 3 days or late payment fees will be added. . This is to cover payments owed to employees, contractors, sub contractors and any monies owed to merchants and to cover down time because of the termination.
11.2 Either party may terminate this Agreement immediately upon written notice if the other party initiates any legal action or proceedings against the terminating party in relation to this Agreement or its performance. Upon termination, all work shall cease, and a final invoice will be issued to reflect any outstanding amounts due in accordance with our other termination terms.
11.3 ** Survival clause** If the Company terminates under these terms and conditions. These terms and conditions in their entirety still stand for 24 months (2years).
**12. Governing Law**
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
**13. Amendments**
The Company reserves the right to amend these terms and conditions at any time. All amendments will be available on our website so please check regularly.
**14. Defamation Clause**
You agree that any form of defamation towards DPS Buildscapes Ltd, including but not limited to, making false statements, spreading misleading information, or engaging in slanderous or libelous conduct, will not be tolerated. In the event of any defamatory actions or statements made against DPS Buildscapes Ltd, you acknowledge and understand that DPS Buildscapes Ltd reserves the right to take appropriate legal action to protect its reputation and interests. This may include seeking monetary damages (£250 invoice per week), injunctive relief, and any other remedies available under applicable law. You agree to indemnify and hold DPS Buildscapes Ltd harmless from any claims, losses, or damages arising out of or related to your defamatory actions or statements.
**15. Filming and Photography Consent**
As part of our commitment to showcasing our work and promoting DPS Buildscapes, we may film or take photographs during the course of our projects. These materials will be used for social media, marketing, and promotional purposes.
**Client Notification**
If you do not wish to be filmed or photographed during the project, please inform us in writing prior to the commencement of any work. We respect your privacy and will accommodate your request accordingly.
**Usage of Media**
By engaging our services, you agree that any materials (video or photographic) captured during the project may be used by DPS Buildscapes for promotional purposes unless you have explicitly stated otherwise. If you have opted out of filming/photography, we will ensure that no identifiable images or videos of you or your property are used.
**16. Communication Validity**
All official communications regarding this agreement must be conducted through formal channels as specified by the Company which is email, post or text message. Any messages exchanged via WhatsApp, social media, or any other informal platform shall not be considered valid or binding under this agreement this includes but not limited to any cctv footage recorded by the client or any recording/photos on devices such as phones, tablets, cameras etc.
**17. Office Location and Privacy**
The Companies home address serves as their office location. Therefore, no individual is permitted to approach or enter the premises without prior written consent from the Company. Any unauthorised visit will be considered an invasion of privacy. Immediate action will be taken to have anyone removed if needed, legal action will be taken if the company see fit to do so.
**18. Acceptance**
By engaging the services, signing the estimate or engaging with DPS Buildscapes Ltd (“the Company”) in anyway, the Client (“you”) confirms acceptance of these Terms and Conditions.