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Terms & conditions

Last updated: 03rd August 2018

These terms and conditions relate to all services provided by the Company to the Client, whether resulting from a Purchase Order by you or from any other instruction by you or anyone who I may reasonably believe is acting for you, concerning instructing the company to provide the services. Please read them carefully as they contain relevant information.

  • 1. DEFINITIONS AND INTERPRETATION

    1.1. “Client” means any person or body of persons, Company, Authority or other organisation awarding the Project and responsible for paying the Fees, who engages the Consultant to carry out any survey project, provide a service or carry out any other type of work. The definition shall also include any such person organisation acting on behalf of the third party.

    1.2. “Consultant” means Peter Miko Ltd, a company registered in England, under number 11208464, whose registered office is at Dalton House, 60 Windsor Avenue, London, United Kingdom, SW19 2RR.

    1.3. “Project” means any survey service or other types of work as agreed with the Client.

    1.4. “Purchase Order” means the agreed scope of work to be completed by the Consultant on behalf of the Client.

    1.5. “Terms and Conditions” means these terms and conditions for the supply of Project services.

    1.6. “Fees” means the price or rate for the Project agreed before work commences.

  • 2. RESERVATION AND ACKNOWLEDGEMENT OF PURCHASE ORDER

    2.1. The Consultant will not be obliged to commence work until a Purchase Order has been received from the Client.

    2.2. The Consultant does not accept any other forms of reservation such as email or telephone.

    2.3. To create the Purchase Order the Client is obliged to use the Consultant’s online booking form /booking/.

    2.4. All additional services must be notified before the Project commences.

    2.5. The Consultant endeavours to provide a website that is free from defects at petermikosurveys.co.uk, however, the Consultant is unable to guarantee that the use of this, or any website, accessed from any browser is completely free from viruses or defects. It is the Client’s responsibility to ensure that their equipment, browser and antivirus software is competent. The Consultant is not liable for any loss or damage as a result of using the website.

    2.6. The Client may alter and edit the Purchase Order at any point prior to submitting it via the Consultant's website.

  • 3. CLIENT’S RESPONSIBILITIES

    3.1. The Client shall use all reasonable endeavours to provide all pertinent information to the Consultant that is necessary for the Consultant’s provision of the Project. Such report shall include, but not necessarily be limited to, clear, comprehensive and accurate instructions.

    3.2. The Client will provide the Consultant with a valid parking permit if the scope of the Project requires access to a property with parking restrictions.

    3.3. The Client shall provide access to the property in relation to the Project.

    3.4. The Client shall pay the Fees to the Consultant in accordance with the provisions of Clause 4.

  • 4. FEES & PAYMENT

    4.1. Any fixed fee estimated by the Consultant is based on an assumption of hours charged at the rate of £65.00 per hour. For example, a flat fee of £6500.00 is based on the assumption of 100 hours work at £65.00 per hour.

    4.2. The Consultant is not VAT registered.

    4.3. Project work undertaken on an hourly rate basis will be based on an estimate of the Project length drawn from the Consultant’s prior experience.

    4.4. Any additional Project work will be charged based on the hourly rate defined in sub-Clause 4.1.

    4.5. Final payment of the Project Fee will be due upon completion of the work. The Client agrees to make the payment within seven (7) days of receipt of the relevant invoice.

    4.6. CAD (dxf/dwg) files will be supplied to the Client once the invoice is paid in full. Prior to receipt of payment, the Consultant will provide to the Client non-editable pdf files only.

    4.7. Any sums which remain unpaid following the expiry of the period set out in sub-Clause 4.4 shall incur a service charge assessed at 8.0% above base rate of the total amount due per month, until payment has been made in full of any such outstanding sums.

    4.8. The interest on the service charge shall be compound and will only cease to arise when all outstanding payments, including the accrued interest, has been paid.

    4.9. Where the Client is acting on behalf of a third party he shall accept responsibility for payment without prejudice to the Consultant’s rights against the third party. Should the Consultant use a third party to recover payment then the Client agrees to pay all additional costs incurred.

    4.10. If a Client has an account in default, the Client agrees to pay the reasonable expenses of the Consultant in enforcing the terms of this Agreement, including, but not limited to, legal fees and costs for collecting the outstanding debt by a third-party agency.

  • 5. ADDITIONAL CHARGES

    5.1. Cancellation of survey reservation with less than twenty-four (24) hours notice before the survey will result in a cancellation fee of £130.00.

    5.2. Cancellation of the survey when they Surveyor is already on site will result in the Consultant charging a fee of £260.00 to return to the site.

    5.3. The Client will provide necessary parking permits as defined in sub-Clause 3.2. Should the Consultant, or any third party completing Project work on behalf of the Consultant, incur parking charges whilst completing Project work, the Consultant will charge the Client the relevant amount to cover the charges.

    5.4. Any overdue payments will incur a fee of £32.50 to be paid by the Client for each overdue payment letter. Overdue payment letters shall be sent every ten (10) calendar days until the Fee and any incurred Service Charge and Interest is paid in full.

  • 6. CANCELLATION RIGHTS

    6.1. The Client has the right to cancel this agreement without charge at any time within fourteen (14) calendar days of the acceptance of these terms.

    6.2. The Client must inform the Consultant of this decision to cancel in writing by email at surveyor(at)petermiko.co.uk.

    6.3. If the Client requires a Consultant to begin the services within the Cancelation Period, the Consultant requires the Client to make an express request to do so. In such cases, the Client’s right to cancel continues until either the end of the Cancellation Period or the completion of the services, whichever is the earlier. If the Client cancels during the Cancellation Period, the Consultant may charge the Client for any services provided up until the point when the Consultant receives the Client’s cancellation notice and will provide a partial and proportionate refund accordingly. The Client’s right to cancel the services will no longer apply once the services have been fully performed.

  • 7. CANCELLATION BY THE CONSULTANT

    7.1. The Consultant reserves the right to refuse a Purchase Order if:

    7.1.1. The Consultant does not have sufficient staff or resources to deliver the requested service;

    7.1.2. The Consultant does not provide services to the geographical area specified in the Purchase Order;

    7.2. If the Consultant refuses the Purchase Order, the Consultant will notify the Client by e-mail as soon as possible, but in any event within fourteen (14) days.

  • 8. IF THERE IS A PROBLEM WITH THE SERVICES

    8.1. If you have any questions or complaints about the service, please contact the Consultant at surveyor(at)petermiko.co.uk.

    8.2. The Consultant is under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

  • 9. TURNAROUND TIME

    9.1. The standard Project turnaround time is fourteen (14) calendar days.

    9.2. The priority Project turnaround time is seven (7) calendar days.

    9.2.1. Priority Projects incur a premium of 30% of the Project Fee.

    9.2.2. The priority Project turnaround time must be notified before the Project commences.

  • 10. COPYRIGHT

    The Consultant reserves the right to place their name in a suitable position on all survey plans and data produced as part of the Project unless specifically agreed otherwise. Copyright of all final plans, drawings, documentation, photographs or electronic documents produced under the contract shall remain with the Consultant until such a time that all Fees due under the Agreement have been paid in full. Thereafter the Client shall retain copyright of all such mentioned documents.

  • 11. EXCLUSIONS

    The Consultant is not a member of The Royal Institution of Chartered Surveyors (RICS).

  • 12. INSURANCE

    The Consultant shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance and professional indemnity insurance.

  • 13. LIABILITY

    13.1. The Consultant is only responsible for losses that are a natural, foreseeable consequence and are not a breach of these Terms and Conditions. The Consultant does not accept liability if the Consultant is prevented or delayed from complying with his obligations set out in these Terms and Conditions by anything the Client (or anyone acting with the Client’s express or implied authority) does or fails to do or is due to events which are beyond his reasonable control.

    13.2. Furthermore, The Consultant does not accept liability for any losses related to any business of the Client, including but not limited to: lost data, lost profits, lost revenues or business interruption.

    13.3. The Terms and Conditions do not limit your consumer rights under applicable local law or other statutory rights.

  • 14. EQUALITY AND DIVERSITY

    The Consultant is committed to promoting equality and diversity in all aspects of its practice.

  • 15. DISPUTE RESOLUTION

    The Client and the Consultant shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes. The Client and the Consultant hereby agree that the decision and outcome of the final method of dispute resolution under this shall be final and binding on both Parties. Should the Client have a Complaint, please direct the complaint to complaints(at)petermiko.co.uk to begin the dispute resolution process.

  • 16. CHANGES TO LEGAL NOTICES

    The Consultant reserves the right to edit, update and alter these Terms and Conditions. It is the responsibility of the Client to check the updated terms available at /terms-and-conditions/.

  • 17. LAW, JURISDICTION AND LANGUAGE

    This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

    Any dispute, controversy, proceedings or claim between the Client and the Consultant relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All arrangements are concluded in English.

  • 18. PRIVACY

    The Client acknowledges and agrees to be bound by the terms of the Consultant’s privacy policy. It is the responsibility of the Client to check the updated privacy policy available at /privacy-policy/.

  • 19. THIRD PARTY RIGHTS

    Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

  • 20. CONTACT & NOTICES
    The Consultant should be contacted via email directly at surveyor(at)petermiko.co.uk.

    The Consultant will respond to all enquiries and notices as soon as possible from Monday to Friday within regular working hours (10 AM to 4 PM). Alternatively, the Client may contact the Consultant by post at the following address.

    Peter Miko Ltd.
    Dalton House
    60 Windsor Avenue
    London
    SW19 2RR
  • 21. OTHER IMPORTANT TERMS

    Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If the Client is not happy with how The Consultant has handled any complaint, The Client may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.