Terms of Service
1. Introduction 1.1 These Terms of Service ("Terms") govern the provision of project management consultancy services ("Services") by Project M Services Limited ("Consultant", "we", "us", or "our") to the client ("Client", "you", or "your"). 1.2 By engaging our Services, you agree to be bound by these Terms.
2. Definitions & Glossary of Terms 2.1 "Contract" means the legally binding agreement between the Client and Consultant for the supply of Services. 2.2 "Order" refers to the Client’s request for Services to be supplied. 2.3 "Services" means any professional services agreed upon between the parties.
3. Scope of Services 3.1 The Consultant provides project management support services, including but not limited to:
Project planning and scheduling
Project execution and construction management
Risk management and mitigation
Cost control and budget management
Contractor coordination and management
Quality assurance and site inspections
3.2 The specific scope of Services will be detailed in a written agreement or proposal accepted by both parties. 3.3 Services will be carried out within agreed timeframes where feasible; however, due to project complexities, timelines may be subject to change. The Consultant shall not be liable for delays beyond their reasonable control.
4. Basis of Engagement 4.1 The Consultant may work on a project basis, retainer, or ad hoc engagement, as agreed in writing with the Client. 4.2 Any quotations for Services are valid for 14 days from the date of issue. 4.3 The Consultant will use reasonable skill and care in providing the Services but does not guarantee specific results.
5. Intellectual Property 5.1 All intellectual property created by the Consultant in the course of providing the Services shall remain the property of the Consultant unless otherwise agreed in writing. 5.2 The Client is granted a limited, non-transferable license to use such materials solely for the purposes agreed upon in the project scope.
6. Client Responsibilities 6.1 The Client shall provide all necessary information, documentation, and access required for the Consultant to perform the Services effectively. 6.2 The Client shall designate a primary point of contact for communication and decision-making purposes. 6.3 The Client shall ensure that all third parties (including contractors and suppliers) cooperate with the Consultant to facilitate project delivery. 6.4 Failure to comply with these responsibilities may result in additional fees or service delays.
7. Fees and Payment 7.1 Fees for the Services shall be as agreed in writing between the parties. 7.2 Invoices will be issued in accordance with the payment schedule set out in the agreement, and payments shall be made within 14 days of invoice issuance. 7.3 Late payments may incur interest at a rate of 8% or the maximum permitted by law. Services may also be withheld until payment is received. 7.4 Termination of Services for Non-Payment If the Client fails to make payment within 30 days of the due date, the Consultant reserves the right to terminate the contract with immediate effect and seek legal remedies for recovery of unpaid amounts.
8. Changes and Additional Services 8.1 Any changes to the agreed scope of Services must be agreed in writing and may be subject to additional fees. 8.2 The Consultant shall not be liable for delays or cost increases arising from scope changes requested by the Client.
9. Delivery of Services 9.1 The Consultant will use reasonable efforts to adhere to agreed timeframes; however, due to the nature of construction projects, unforeseen circumstances may affect schedules. Any changes to timeframes will be communicated to the Client as soon as practicable. 9.2 Delays caused by the Client may result in rescheduling or additional fees.
10. Force Majeure 10.1 Neither party shall be liable for any delay or failure in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, pandemics, strikes, supply chain disruptions, or government actions.
11. Subcontracting and Assignment 11.1 The Consultant reserves the right to subcontract any part of the Services to qualified third parties without the prior consent of the Client. 11.2 However, the Consultant shall remain responsible for the overall performance of the Services.
12. Health & Safety Compliance 12.1 The Client shall ensure that all work environments comply with applicable health and safety regulations. 12.2 The Consultant shall not be held liable for any injury, damage, or legal action arising from non-compliance with such regulations.
13. Limitation of Advice 13.1 The Consultant provides professional advice and recommendations based on industry best practices. 13.2 However, final implementation and decision-making remain the responsibility of the Client.
14. Liability and Indemnity 14.1 The Consultant shall perform the Services with reasonable skill and care but does not guarantee specific outcomes or project success. 14.2 The Consultant's total liability under these Terms shall be limited to the lesser of the fees paid by the Client for the Services in the preceding one (1) month. The Consultant shall not be liable for any indirect, consequential, or special damages, including loss of profits, business interruption, or reputational harm. 14.3 The Client agrees to indemnify the Consultant against any claims, losses, or damages arising from the Client’s failure to comply with these Terms.
15. Complaints Process 15.1 The Consultant is committed to resolving any disputes amicably. 15.2 If the Client has a complaint, they should submit it in writing via email. 15.3 The Consultant will acknowledge receipt of the complaint within 5 working days and aim to resolve the matter within 10 working days. 15.4 If a resolution is not reached within 30 days of initiating the complaints process, the parties agree to engage in mediation before considering arbitration or litigation.
16. Governing Law 16.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. 16.2 Any legal action arising from these Terms shall be brought in the courts of England and Wales.
17. General Provisions 17.1 These Terms constitute the entire agreement between the parties and supersede any prior agreements or understandings. 17.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 17.3 No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.
18. Contact Information For any questions regarding these Terms, please contact: Project M Services Limited Victoria House, 29 Victoria Road, Bolton, BL6 5NA Tel: 01204 201460 Email: enquiries@projectmservices.com