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Terms & Conditions

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These Terms & Conditions govern your access to and use of the Buildex Pro website and services. Please read them carefully before using our website or requesting our services.

1.Introduction

Welcome to the Buildex Pro website ("Website"). These Terms and Conditions ("Terms") govern your access to and use of this Website and any information, services, quotations, communications, digital platforms, customer portals, contractor portals, applications, online forms, booking systems and related services provided by Buildex Pro ("Buildex Pro", "we", "our" or "us").

By accessing, browsing or using this Website, you confirm that you have read, understood and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must immediately stop using this Website.

These Terms apply whether you are:

  • a visitor;
  • a homeowner;
  • a landlord;
  • a tenant;
  • a commercial customer;
  • a contractor;
  • a supplier;
  • a developer;
  • a property manager;
  • an estate agent;
  • a housing association;
  • a local authority;
  • or any other individual or organisation using this Website.

These Terms govern your use of the Website only. Separate contractual terms may apply when purchasing services from Buildex Pro. Where applicable, those contractual terms shall take precedence over these Website Terms to the extent of any inconsistency.

These Terms should be read together with our:

Nothing within these Terms shall limit or exclude any statutory rights that cannot lawfully be excluded under the laws of England and Wales.

2.Definitions

Unless the context requires otherwise, the following expressions shall have the meanings set out below.

Account means any registered customer, contractor or business account created on the Website.

Applicable Law means all legislation, regulations, statutory instruments, codes of practice and legally binding governmental requirements applicable to these Terms.

Buildex Pro means Buildex Pro together with its owners, directors, employees, agents, subcontractors, affiliates, successors and authorised representatives.

Business Day means any day other than a Saturday, Sunday or public holiday in England.

Content means all text, photographs, graphics, logos, videos, software, databases, source code, documents, designs, drawings, quotations, pricing information, downloadable material and any other content appearing on the Website.

Customer means any person or organisation requesting, receiving or purchasing services from Buildex Pro.

Contractor includes any subcontractor, engineer, tradesperson, consultant or specialist engaged by or through Buildex Pro.

Estimate means any preliminary indication of cost prepared before a formal quotation.

Quotation means a written quotation issued by Buildex Pro.

Services means any works, repairs, maintenance, refurbishment, construction, installations, inspections, consultancy, surveys, property services or any other services offered by Buildex Pro.

User, You and Your mean any person accessing or using the Website.

Website means www.buildexpro.co.uk together with any associated domains, sub-domains, customer portals, mobile applications, APIs, online systems and future digital platforms operated by Buildex Pro.

3.About Buildex Pro

Buildex Pro operates as a construction, refurbishment, maintenance and property services business providing services to residential, commercial and public sector clients.

Our Website is intended to provide information regarding our services, enable enquiries, facilitate quotations, allow bookings, provide customer support and enable communication with our customers, contractors and business partners.

Unless expressly stated otherwise, nothing on this Website constitutes a legally binding offer capable of acceptance.

All information published on this Website is provided for general information purposes only.

Whilst reasonable care is taken in preparing Website content, Buildex Pro does not guarantee that all information will always be complete, accurate, current or suitable for your intended purpose.

The availability of any service displayed on the Website does not guarantee that such service is available in every geographical location.

Buildex Pro reserves the right to:

  • modify services;
  • withdraw services;
  • introduce new services;
  • discontinue services;
  • amend pricing structures;
  • alter service coverage areas;
  • appoint or replace contractors; and
  • modify operational procedures,

without prior notice unless otherwise required by law.

4.Acceptance of these Terms

By accessing this Website, you acknowledge that you have had a reasonable opportunity to read these Terms.

Your continued use of the Website constitutes your acceptance of these Terms.

Where you create an account, request a quotation, submit information, upload documents, make a booking or otherwise interact with Buildex Pro electronically, you confirm that such actions constitute your agreement to these Terms.

Where these Terms are accepted on behalf of a company, partnership, charity, local authority or other organisation, the individual accepting them warrants that they have authority to legally bind that organisation.

If you do not have such authority, you must not accept these Terms on behalf of that organisation.

Electronic acceptance shall have the same legal effect as a handwritten signature where permitted by Applicable Law.

5.Eligibility

You must be at least eighteen (18) years of age to use those parts of the Website that require the submission of legally binding information, requests, bookings or contractual commitments.

By using this Website, you represent and warrant that:

a. you have legal capacity to enter into legally binding agreements;

b. any information you provide is true, accurate and complete;

c. you will promptly update information if it changes;

d. you are not prohibited by Applicable Law from using this Website;

e. you will comply with these Terms.

If you access this Website on behalf of another individual or organisation, you warrant that you are authorised to do so.

Buildex Pro reserves the right to request evidence of identity, authority or ownership where reasonably necessary.

Failure to provide satisfactory evidence may result in refusal of access, suspension of services or cancellation of requests.

6.Website Use

Buildex Pro grants you a limited, revocable, non-exclusive, non-transferable licence to access and use this Website solely for lawful purposes.

This licence does not transfer ownership of any intellectual property rights.

You agree to use this Website responsibly and in accordance with these Terms.

You shall not use this Website:

a. for unlawful purposes;

b. for fraudulent purposes;

c. to impersonate another person;

d. to obtain unauthorised access;

e. to disrupt Website operation;

f. to interfere with servers;

g. to interfere with network security;

h. to upload malicious software;

i. to distribute spam;

j. to harvest data;

k. to scrape Website content;

l. to train artificial intelligence models without our prior written consent;

m. to copy pricing databases;

n. to reverse engineer Website functionality;

o. to reproduce proprietary documents;

p. to bypass security systems;

q. to interfere with customer accounts;

r. to attempt penetration testing without written authorisation;

s. to perform automated vulnerability scanning;

t. to overload our systems.

Any unauthorised use immediately terminates the licence granted under Clause 6.1.

7.Acceptable Use Policy

Users must act honestly, lawfully and respectfully when interacting with Buildex Pro.

You must not:

  • provide misleading information;
  • submit fraudulent enquiries;
  • submit false insurance claims;
  • abuse our staff;
  • harass contractors;
  • threaten employees;
  • publish defamatory material;
  • upload illegal content;
  • introduce malware;
  • interfere with Website security;
  • circumvent authentication measures;
  • misuse online booking systems;
  • misuse emergency call-out services;
  • make malicious reports;
  • attempt to manipulate quotations;
  • use automated software to generate excessive requests.

Buildex Pro may investigate suspected misuse of the Website.

Where appropriate, Buildex Pro reserves the right to cooperate with:

  • law enforcement agencies;
  • regulators;
  • courts;
  • governmental authorities;
  • cyber-security agencies;
  • internet service providers.

Nothing in these Terms prevents Buildex Pro from pursuing any civil, criminal or equitable remedies available under Applicable Law.

8.User Accounts

Certain Website features may require registration.

You are responsible for maintaining the confidentiality of your login credentials.

You are responsible for all activity occurring under your account.

You must immediately notify Buildex Pro if you believe your account has been compromised.

We reserve the right to suspend or terminate accounts where:

  • fraudulent activity is suspected;
  • false information has been supplied;
  • security has been compromised;
  • these Terms have been breached;
  • Applicable Law requires such action.

Buildex Pro may remove inactive accounts after a reasonable period where permitted by law.

Account suspension shall not affect any existing contractual obligations between the parties.

9.Communications

By contacting Buildex Pro or using the Website, you consent to receiving communications by electronic means where permitted by law.

Communications may include:

  • quotations;
  • invoices;
  • reminders;
  • appointment confirmations;
  • service updates;
  • maintenance notifications;
  • health and safety information;
  • legal notices;
  • contractual communications;
  • customer support responses.

Electronic communications shall satisfy any legal requirement that communications be in writing where recognised under Applicable Law.

Buildex Pro does not guarantee uninterrupted delivery of electronic communications due to circumstances outside our reasonable control.

Users remain responsible for ensuring that their contact details remain accurate and up to date.

10.Amendments to these Terms

Buildex Pro reserves the right to amend, update or replace these Terms at any time.

The latest version shall always be published on this Website.

Unless otherwise stated, amended Terms become effective immediately upon publication.

Your continued use of the Website following publication of updated Terms constitutes acceptance of those changes.

Where changes materially affect existing contractual rights, Buildex Pro will take reasonable steps to notify affected users where legally required.

You should review these Terms periodically to ensure that you remain aware of the current version.

No employee, contractor, representative or third party has authority to vary these Terms except where expressly authorised in writing by Buildex Pro.

11.Quotations, Estimates and Scope of Works

Any estimate, quotation, budget indication or pricing information provided by Buildex Pro is issued solely on the basis of the information available at the time of preparation.

Unless expressly stated otherwise in writing, all estimates are indicative only and shall not constitute a legally binding offer capable of acceptance.

A legally binding contract shall only arise when:

a. Buildex Pro has issued a written quotation or proposal;

b. the Customer has accepted that quotation in a manner approved by Buildex Pro;

c. where required, any deposit has been received in cleared funds; and

d. Buildex Pro has confirmed acceptance of the instruction in writing.

Buildex Pro reserves the right to withdraw, amend or replace any quotation prior to the formation of a legally binding contract.

Quotations are based upon information supplied by the Customer and any site inspection carried out before the quotation was prepared.

Where hidden defects, unforeseen conditions or inaccurate information become apparent after work commences, Buildex Pro reserves the right to revise the quotation accordingly.

Unless expressly stated otherwise, quotations shall remain valid for thirty (30) calendar days from the date of issue.

Following expiry of the validity period, Buildex Pro may revise pricing to reflect changes including, but not limited to:

a. labour costs;

b. material costs;

c. supplier pricing;

d. fuel costs;

e. taxation;

f. statutory requirements;

g. inflation;

h. availability of specialist contractors;

i. exchange rate fluctuations affecting imported products; or

j. any other factor reasonably affecting project costs.

Unless expressly stated, quotations include only those works specifically described within the quotation.

The following shall be deemed excluded unless specifically included in writing:

  • structural works;
  • asbestos removal;
  • hazardous waste disposal;
  • planning applications;
  • Building Control fees;
  • party wall matters;
  • structural engineering;
  • architectural design;
  • specialist surveys;
  • utility provider charges;
  • parking permits;
  • congestion charges;
  • skip licences;
  • road closures;
  • traffic management;
  • scaffolding;
  • lifting equipment;
  • temporary accommodation;
  • specialist cleaning;
  • making good by third parties;
  • decoration outside the specified areas;
  • landscaping;
  • unforeseen remedial works; and
  • any work not expressly described.

Illustrations, photographs, computer-generated images, plans, drawings and specifications are provided for illustrative purposes only unless expressly incorporated into the Contract.

Any clerical, typographical, computational or administrative error contained within a quotation may be corrected by Buildex Pro at any time before completion of the relevant works.

No oral statement, estimate or representation made by any employee, contractor or representative shall vary a written quotation unless confirmed in writing by an authorised representative of Buildex Pro.

Where a quotation is prepared using information supplied by a third party, Buildex Pro shall not be responsible for inaccuracies contained within that information.

12.Services

Buildex Pro provides construction, refurbishment, maintenance, repair and property-related services. The precise scope of services shall be those agreed in writing between the parties.

Services may be carried out by:

a. employees;

b. subcontractors;

c. specialist contractors;

d. consultants;

e. suppliers; or

f. other suitably qualified persons engaged by Buildex Pro.

Buildex Pro reserves the right to appoint, replace or substitute personnel at any time where reasonably necessary for operational, technical, health and safety or commercial reasons.

Unless expressly agreed otherwise, Buildex Pro does not guarantee that any specific individual, engineer or contractor will attend a project.

All services shall be performed using reasonable skill and care in accordance with Applicable Law.

Timeframes, target completion dates and estimated attendance dates are estimates only unless expressly agreed as contractual obligations.

Buildex Pro may reasonably alter work methods where necessary to:

  • comply with legislation;
  • comply with health and safety requirements;
  • improve workmanship;
  • address unforeseen conditions;
  • protect persons or property;
  • maintain compliance with manufacturers' instructions; or
  • ensure the safe completion of the works.

Buildex Pro may suspend services where continuation would:

a. create an unacceptable health or safety risk;

b. breach Applicable Law;

c. expose personnel to abuse or violence;

d. damage property;

e. require specialist investigations before continuing; or

f. otherwise present a material risk to persons or property.

Where Buildex Pro reasonably considers that additional investigations are required before continuing the works, such investigations may constitute additional chargeable services.

Nothing in these Terms guarantees continuous availability of every service advertised on the Website.

13.Bookings and Instructions

Bookings may be accepted through the Website, email, telephone, messaging platforms, customer portals or any other communication channel approved by Buildex Pro.

Submission of a booking request does not guarantee acceptance.

Buildex Pro reserves the right to refuse any booking without providing detailed reasons where permitted by Applicable Law.

Reasons for refusal may include, without limitation:

a. safety concerns;

b. previous payment defaults;

c. abusive behaviour;

d. fraud prevention;

e. insufficient project information;

f. regulatory restrictions;

g. lack of contractor availability;

h. geographical limitations;

i. sanctions compliance;

j. suspected criminal activity; or

k. any other legitimate business reason.

The Customer warrants that all information supplied when making a booking is accurate and complete.

The Customer shall promptly notify Buildex Pro of any changes affecting the booking.

Appointments may be rearranged where reasonably necessary due to:

  • adverse weather;
  • illness;
  • emergencies;
  • traffic conditions;
  • supplier delays;
  • health and safety requirements;
  • equipment failure;
  • force majeure events; or
  • other operational requirements beyond our reasonable control.

Attendance windows provided by Buildex Pro are estimates and not guaranteed arrival times unless expressly agreed otherwise.

Missed appointments caused by the Customer may be subject to cancellation charges where permitted by law and notified in advance.

Repeated cancellations or failures to provide access may result in Buildex Pro declining future bookings.

14.Pricing

All prices are stated in Pounds Sterling (£) unless expressly stated otherwise.

Unless otherwise stated, quotations exclude Value Added Tax (VAT), government charges, statutory fees and third-party costs where applicable.

Buildex Pro reserves the right to correct genuine pricing errors before a legally binding contract has been formed.

Where an obvious pricing error has occurred, Buildex Pro shall notify the Customer as soon as reasonably practicable and provide the option to proceed at the corrected price or cancel without penalty.

Prices may be adjusted where expressly permitted under the Contract due to:

a. customer variations;

b. changes in legislation;

c. increased material costs;

d. increased labour costs;

e. changes to taxation;

f. supplier cost increases;

g. unforeseen site conditions;

h. emergency works requested by the Customer; or

i. other agreed contractual adjustments.

Buildex Pro shall not be obliged to continue additional works until revised pricing has been agreed where such agreement is reasonably required.

Unless otherwise agreed in writing, all invoices shall be payable in accordance with the payment terms stated on the relevant quotation, invoice or contract.

Interest, recovery costs and late payment charges may apply to overdue sums where permitted by Applicable Law or agreed under the Contract.

15.Deposits and Payments

Buildex Pro may require payment of a deposit before scheduling works, ordering materials or allocating resources.

Deposits shall be held and applied towards the Contract Price unless otherwise stated.

Receipt of a deposit does not itself guarantee a commencement date unless confirmed in writing.

Where the Customer delays commencement after Buildex Pro has incurred costs, reasonable deductions may be made from any refundable sums to reflect costs actually incurred, subject to Applicable Law.

The Customer shall make all payments in cleared funds using payment methods approved by Buildex Pro.

Unless expressly agreed otherwise, ownership of materials supplied by Buildex Pro shall not pass to the Customer until all outstanding sums due under the Contract have been paid in full.

Risk in materials may pass at an earlier stage where they are delivered to the Site, without affecting Buildex Pro's retention of title.

Buildex Pro reserves the right to suspend work where payment obligations are not met.

Any suspension arising from non-payment shall not constitute a breach of contract by Buildex Pro and any resulting delay, remobilisation costs or additional expenses may be recoverable from the Customer where permitted by law.

Buildex Pro reserves the right to require staged payments, interim payments or milestone payments for larger projects.

Unless otherwise agreed in writing, the Customer shall not withhold, deduct, set off or delay payment on the basis of any alleged dispute relating to unrelated matters.

Where payment is made by bank transfer, the Customer remains responsible for ensuring that the correct payment reference is used.

Buildex Pro reserves the right to carry out reasonable identity verification, anti-fraud and anti-money laundering checks before accepting payments or commencing works where required by law or where reasonably necessary to protect its legitimate business interests.

Acceptance of any payment after its due date shall not constitute a waiver of Buildex Pro's rights or remedies in relation to previous or future payment defaults.

All payment obligations survive the termination or completion of the Contract to the extent necessary to recover any outstanding sums lawfully due to Buildex Pro.

16.Customer Responsibilities

The Customer shall cooperate fully with Buildex Pro and provide all information, instructions, permissions and assistance reasonably required for the proper performance of the Services.

The Customer warrants that all information, documents, drawings, specifications, measurements and other information supplied to Buildex Pro are accurate, complete and up to date.

Buildex Pro shall not be liable for any delay, additional cost, defect or loss arising from inaccurate, incomplete or misleading information provided by the Customer or any third party acting on the Customer's behalf.

The Customer shall ensure that Buildex Pro is granted safe, uninterrupted and lawful access to the Property at the agreed dates and times.

The Customer shall obtain, at their own cost unless otherwise agreed in writing, any approvals, permissions, licences or consents required before the Services commence, including but not limited to:

a. freeholder consent;

b. landlord consent;

c. planning permission;

d. listed building consent;

e. conservation area approvals;

f. Building Control approval;

g. Party Wall Act requirements;

h. management company approval;

i. neighbour access permissions; and

j. any other statutory or contractual consent applicable to the Property.

The Customer shall notify Buildex Pro before commencement of any known or suspected:

  • asbestos;
  • hazardous materials;
  • contaminated land;
  • structural defects;
  • hidden services;
  • unsafe electrical installations;
  • unsafe gas installations;
  • flooding;
  • pest infestations;
  • water leaks;
  • fire damage;
  • dangerous substances;
  • or any other condition that may affect the safety or execution of the Services.

The Customer shall ensure that all valuables, fragile items, confidential documents and personal belongings are removed from the working area or suitably protected prior to commencement of the Services.

Unless otherwise agreed in writing, the Customer shall provide uninterrupted access to:

  • electricity;
  • water;
  • toilet facilities where reasonably available;
  • parking where reasonably available; and
  • any other utilities reasonably required for the performance of the Services.

The Customer shall immediately notify Buildex Pro if they become aware of any issue that may affect the progress, safety or quality of the Services.

Failure by the Customer to comply with this Clause may result in:

a. delays;

b. additional charges;

c. suspension of the Services;

d. rescheduling of works;

e. extension of completion dates; or

f. termination of the Contract in accordance with these Terms.

Where the Customer is acting on behalf of a third party, the Customer warrants that they have full authority to instruct Buildex Pro and shall remain jointly and severally liable for all obligations arising under the Contract unless expressly agreed otherwise in writing.

17.Access to the Property and Site Conditions

The Customer shall provide Buildex Pro, its employees, subcontractors, consultants and authorised representatives with safe, reasonable and uninterrupted access to the Property during agreed working hours.

Buildex Pro reserves the right to refuse to enter or remain at any Property where, in its reasonable opinion:

a. there is a risk to health or safety;

b. abusive, threatening or violent behaviour has occurred or is reasonably anticipated;

c. illegal activity is suspected;

d. dangerous animals are not properly secured;

e. hazardous substances have not been disclosed;

f. the Property is structurally unsafe;

g. access is unlawful; or

h. any circumstance exists that places persons or property at unreasonable risk.

Where Buildex Pro is unable to access the Property due to circumstances within the Customer's control, Buildex Pro may charge:

a. abortive visit charges;

b. waiting time;

c. contractor attendance charges;

d. rescheduling costs;

e. parking charges incurred; and

f. any other reasonable costs directly resulting from the failed attendance.

The Customer shall ensure that children, vulnerable persons and pets are kept away from active working areas unless otherwise agreed.

The Customer shall not interfere with ongoing works, remove safety equipment or instruct contractors to depart from agreed methods without the prior written approval of Buildex Pro.

Where access is delayed by the Customer, the agreed completion date shall automatically be extended by such period as is reasonably necessary to accommodate the delay, together with any additional time reasonably required for remobilisation.

Buildex Pro shall not be liable for delays arising from the Customer's failure to provide adequate access to the Property.

The Customer remains responsible for ensuring that the Site is legally available for the Services and that Buildex Pro's attendance does not infringe the rights of any third party.

18.Materials, Products and Equipment

Unless otherwise agreed in writing, Buildex Pro shall determine the materials, products, components and equipment reasonably required to complete the Services.

Where a Customer specifies particular products or materials, Buildex Pro shall not be responsible for:

a. manufacturing defects;

b. design defects;

c. product incompatibility;

d. colour variation;

e. discontinued products;

f. supplier delays; or

g. reduced performance arising solely from the Customer's specification.

Natural materials, including but not limited to timber, stone, tiles, brickwork and other construction materials, may vary in colour, texture, pattern, grain, finish and appearance, and such variations shall not constitute defects.

Product photographs, catalogues, samples and manufacturer illustrations are indicative only and may differ from the finished installation.

Where materials become unavailable after the Contract is formed, Buildex Pro may propose reasonably equivalent alternatives.

No substitution shall materially reduce the quality or functionality of the finished works unless expressly agreed by the Customer or made necessary by circumstances beyond Buildex Pro's reasonable control.

Delivery dates supplied by manufacturers or suppliers are estimates only.

Buildex Pro shall not be liable for delays caused by manufacturers, distributors, importers, transport providers or other third-party suppliers.

Materials delivered to the Property shall be stored in a location reasonably determined by Buildex Pro.

The Customer shall take reasonable care of any materials delivered to the Property and shall promptly notify Buildex Pro of any theft, damage or loss.

Unless otherwise agreed in writing, Buildex Pro may remove surplus materials, packaging, pallets and waste generated during the Services.

Buildex Pro reserves the right to recover any additional costs arising from damage to stored materials caused by the Customer, occupants or third parties under the Customer's control.

19.Variations to the Services

The Customer may request changes to the agreed scope of the Services at any time before practical completion.

Buildex Pro shall not be obliged to carry out any variation unless it has agreed to do so.

Any variation may result in adjustments to:

a. the Contract Price;

b. the programme of works;

c. the completion date;

d. labour requirements;

e. material requirements; and

f. any other contractual obligation reasonably affected by the variation.

Where reasonably practicable, Buildex Pro shall provide the Customer with details of the estimated cost and time implications of the proposed variation before carrying out the additional work.

Where emergency circumstances require immediate action to prevent injury, property damage or further deterioration, Buildex Pro may undertake reasonably necessary additional work without prior written approval where it is impracticable to obtain instructions, provided the Customer is informed as soon as reasonably practicable.

Verbal instructions given by the Customer may be relied upon where it is reasonable to do so, particularly where immediate action is required, but Buildex Pro may subsequently request written confirmation.

Where the Customer instructs Buildex Pro to suspend, omit or alter part of the Services after materials have been ordered or work has commenced, the Customer shall remain liable for all reasonable costs already incurred.

Repeated or substantial variations requested by the Customer may require a revised quotation or a new Contract.

Failure to agree the price of a requested variation shall not require Buildex Pro to carry out that variation.

Nothing in this Clause limits Buildex Pro's right to recover payment for additional work expressly requested or reasonably required under the Contract.

20.Delays, Extensions of Time and Force Majeure

Buildex Pro shall use reasonable endeavours to perform the Services within any estimated programme or completion date, but time shall not be of the essence unless expressly agreed in writing.

Buildex Pro shall not be liable for delays arising from circumstances beyond its reasonable control.

Such circumstances include, without limitation:

a. severe weather;

b. flooding;

c. fire;

d. explosion;

e. epidemic or pandemic;

f. acts of terrorism;

g. civil unrest;

h. war;

i. governmental restrictions;

j. changes in legislation;

k. strikes;

l. industrial disputes;

m. transport disruption;

n. fuel shortages;

o. utility failures;

p. cyber-attacks;

q. internet outages;

r. supplier failures;

s. manufacturing delays;

t. import or export restrictions;

u. shortages of labour or materials;

v. hidden defects;

w. asbestos discoveries;

x. archaeological discoveries;

y. structural instability;

z. any other event beyond Buildex Pro's reasonable control.

Where a Force Majeure Event occurs, Buildex Pro shall be entitled to:

a. suspend the Services;

b. extend completion dates;

c. revise programmes of work;

d. substitute materials where reasonably necessary;

e. allocate resources to emergency works; and

f. take any other reasonable steps necessary to mitigate the effects of the Force Majeure Event.

Buildex Pro shall notify the Customer of any material delay as soon as reasonably practicable after becoming aware of it.

Neither party shall be liable to the other for any failure or delay caused solely by a Force Majeure Event.

Where a Force Majeure Event continues for a prolonged period making completion of the Services commercially impracticable, either party may terminate the Contract by written notice, subject to payment for all Services properly performed and costs reasonably incurred up to the date of termination.

Any extension of time granted under this Clause shall not constitute a breach of contract by Buildex Pro.

Nothing in this Clause affects any rights or remedies expressly preserved elsewhere in these Terms or under Applicable Law.

21.Cancellations, Rescheduling and Termination Before Commencement

This Clause applies where the Customer wishes to cancel, postpone or otherwise terminate the Services before practical commencement of the agreed works. Once work has commenced, additional provisions relating to suspension and termination elsewhere in these Terms and any applicable Contract shall apply.

A request to cancel or reschedule must be made in writing unless Buildex Pro expressly agrees to accept notice by another communication method.

Cancellation or rescheduling shall not take effect until acknowledged by Buildex Pro.

Where the Customer cancels the Services before commencement, Buildex Pro reserves the right to recover all reasonable costs and losses incurred up to the date of cancellation, including but not limited to:

a. administrative costs;

b. survey costs;

c. consultation fees;

d. design work;

e. engineering assessments;

f. project planning;

g. procurement costs;

h. materials already ordered;

i. bespoke or made-to-order products;

j. subcontractor cancellation charges;

k. permit or licence fees;

l. delivery charges;

m. storage costs;

n. mobilisation costs; and

o. any other reasonable costs directly incurred in reliance upon the Customer's instruction.

Where a deposit has been paid, Buildex Pro may deduct any sums properly due under Clause 21.4 before refunding any remaining balance, subject always to Applicable Law.

Where the value of costs incurred exceeds the deposit paid, the Customer shall remain liable for the outstanding balance.

If the Customer requests that commencement be postponed, Buildex Pro shall use reasonable endeavours to accommodate the request but does not guarantee future availability of personnel, contractors, equipment or materials.

Any postponement requested by the Customer may result in revised pricing where there has been a material increase in labour, material, supplier or operational costs.

Where the Customer repeatedly postpones the commencement of the Services, Buildex Pro reserves the right to:

a. cancel the booking;

b. require a revised quotation;

c. require an additional deposit;

d. recover reasonable storage or administration costs; or

e. refuse future bookings where reasonably justified.

Buildex Pro may cancel or postpone the Services where reasonably necessary due to:

a. health and safety concerns;

b. adverse weather;

c. force majeure;

d. contractor illness;

e. supplier failure;

f. equipment failure;

g. regulatory requirements;

h. unforeseen site conditions;

i. non-payment;

j. fraud prevention;

k. inaccurate information supplied by the Customer; or

l. any circumstance making the safe or lawful performance of the Services impracticable.

Except where prohibited by Applicable Law, Buildex Pro's liability arising from cancellation before commencement shall be limited to the refund of any sums properly due to the Customer after deduction of any lawful charges under these Terms.

Nothing in this Clause affects any statutory cancellation rights available to consumers under Applicable Law, including any rights that cannot lawfully be excluded or restricted.

Where emergency works have been requested and the Customer has expressly asked Buildex Pro to commence the Services within any statutory cooling-off period, the Customer acknowledges that charges may become payable for Services already performed and materials supplied in accordance with Applicable Law.

Termination or cancellation under this Clause shall not affect any accrued rights, liabilities or obligations existing prior to the date of cancellation.

22.Intellectual Property Rights

Unless expressly agreed otherwise in writing, all Intellectual Property Rights in or relating to Buildex Pro, the Website and the Services shall remain the exclusive property of Buildex Pro or its licensors.

Without limitation, Buildex Pro owns or lawfully licenses all rights in:

a. the Website;

b. software;

c. source code;

d. object code;

e. databases;

f. application programming interfaces (APIs);

g. customer portals;

h. contractor portals;

i. logos;

j. trade marks;

k. trading names;

l. branding;

m. business methods;

n. documents;

o. quotations;

p. estimates;

q. reports;

r. surveys;

s. specifications;

t. drawings;

u. plans;

v. CAD files;

w. BIM models;

x. calculations;

y. schedules;

z. photographs;

aa. videos;

ab. graphics;

ac. artwork;

ad. written content;

ae. marketing materials;

af. layouts;

ag. designs;

ah. know-how;

ai. confidential information;

aj. proprietary processes; and

ak. all other intellectual property created, developed or supplied by or on behalf of Buildex Pro.

Nothing contained within these Terms transfers ownership of any Intellectual Property Rights to the Customer or any other person.

Subject to compliance with these Terms, Buildex Pro grants Users a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Website solely for legitimate personal or internal business purposes.

Except where expressly permitted by law or by prior written consent from Buildex Pro, you shall not directly or indirectly:

a. reproduce;

b. copy;

c. modify;

d. translate;

e. adapt;

f. republish;

g. distribute;

h. sublicense;

i. assign;

j. rent;

k. lease;

l. lend;

m. sell;

n. commercially exploit;

o. create derivative works;

p. reverse engineer;

q. decompile;

r. disassemble;

s. extract data;

t. scrape content;

u. mirror the Website;

v. frame the Website;

w. cache substantial portions of the Website;

x. create competing databases;

y. remove copyright notices;

z. remove proprietary markings; or

aa. otherwise exploit any part of the Intellectual Property belonging to Buildex Pro.

Without the prior written consent of Buildex Pro, you shall not use any content from the Website or any material supplied by Buildex Pro for the purpose of:

a. training artificial intelligence models;

b. training large language models (LLMs);

c. machine learning;

d. generative AI systems;

e. automated data extraction;

f. web scraping;

g. data mining;

h. knowledge graph creation;

i. commercial analytics;

j. algorithm development; or

k. any substantially similar technology.

The Customer receives only such licence or rights as are expressly granted in writing. No licence shall be implied by conduct, estoppel or otherwise.

Where Buildex Pro prepares drawings, specifications, reports, calculations or designs, such documents remain the intellectual property of Buildex Pro unless expressly assigned by written agreement.

Payment for the Services does not, of itself, transfer ownership of any Intellectual Property Rights.

The Customer may use documents supplied by Buildex Pro only for the specific project for which they were prepared and shall not reproduce, adapt, reuse or provide them to third parties for any other project without Buildex Pro's prior written consent.

Where the Customer supplies documents or materials to Buildex Pro, the Customer warrants that they have all necessary rights, permissions and licences required for Buildex Pro to use them for the purposes of providing the Services.

The Customer shall indemnify and keep indemnified Buildex Pro against all losses, claims, liabilities, damages, costs and expenses arising from any allegation that materials supplied by the Customer infringe the Intellectual Property Rights of any third party.

Any unauthorised use of Buildex Pro's Intellectual Property Rights may result in immediate suspension of Website access, termination of any licence granted under these Terms, and legal proceedings seeking injunctive relief, damages, an account of profits, recovery of legal costs and any other remedies available under Applicable Law.

The rights contained within this Clause shall survive termination, cancellation, expiry or completion of the Contract and shall continue in full force for so long as the relevant Intellectual Property Rights subsist.

23.Copyright

Unless otherwise expressly stated, all copyright and related rights in the Website and its contents are owned by, licensed to, or otherwise lawfully used by Buildex Pro.

Copyright protection extends to, without limitation:

a. website design;

b. page layouts;

c. written content;

d. articles;

e. blogs;

f. quotations;

g. estimates;

h. reports;

i. inspection reports;

j. specifications;

k. project documentation;

l. contracts;

m. templates;

n. forms;

o. drawings;

p. plans;

q. CAD files;

r. BIM models;

s. calculations;

t. schedules;

u. databases;

v. software;

w. scripts;

x. source code;

y. graphics;

z. icons;

aa. logos;

ab. photographs;

ac. videos;

ad. audio recordings;

ae. illustrations;

af. animations;

ag. marketing materials;

ah. brochures;

ai. advertisements;

aj. downloadable resources; and

ak. all other original works created or commissioned by Buildex Pro.

Except as expressly permitted by these Terms or by Applicable Law, no material may be copied, reproduced, republished, uploaded, posted, transmitted, displayed, distributed, stored, adapted or otherwise exploited without the prior written consent of Buildex Pro.

Permission to print or download extracts from the Website is limited to personal, non-commercial use and does not transfer any ownership or intellectual property rights.

Users must not remove, obscure, alter or interfere with any copyright notice, watermark, attribution, digital rights management measure or proprietary marking appearing on any material supplied by Buildex Pro.

The reproduction or use of Buildex Pro's quotations, reports, specifications, drawings, photographs or project documentation for another contractor, consultant or supplier without prior written consent is strictly prohibited.

The Customer shall not permit any third party to reproduce or rely upon Buildex Pro's documents except where expressly authorised in writing.

Buildex Pro reserves the right to incorporate digital identifiers, metadata, invisible watermarks or similar technologies within documents, drawings, images and other materials for copyright protection and authentication purposes.

Where Buildex Pro becomes aware of suspected copyright infringement, it reserves the right to take any action it considers appropriate, including:

a. issuing cease and desist notices;

b. requesting removal of infringing material;

c. notifying hosting providers;

d. notifying search engines;

e. issuing Digital Millennium Copyright Act (DMCA) notices or equivalent takedown requests where applicable;

f. commencing civil proceedings;

g. seeking injunctions;

h. claiming damages or an account of profits; and

i. reporting criminal offences where applicable.

Nothing in these Terms limits Buildex Pro's rights under the Copyright, Designs and Patents Act 1988, international copyright treaties or any other Applicable Law.

24.Trade Marks, Branding and Company Identity

"Buildex Pro", together with all associated logos, branding, slogans, trading styles, service names, domain names, business identifiers and visual branding used by Buildex Pro, are valuable commercial assets and may be protected by trade mark law, copyright, passing off and other intellectual property rights.

Nothing contained within these Terms grants any licence or right to use any trade mark, logo or branding belonging to Buildex Pro except with the prior written consent of an authorised representative.

Without prior written consent, you shall not:

a. use Buildex Pro's name in advertising;

b. use Buildex Pro's branding on websites;

c. register confusingly similar business names;

d. register confusingly similar domain names;

e. register usernames or social media accounts incorporating Buildex Pro's branding;

f. imply endorsement or affiliation;

g. falsely represent yourself as an authorised representative;

h. use Buildex Pro's branding within search engine advertising;

i. use Buildex Pro's branding as hidden keywords or metadata intended to mislead search engines or users;

j. modify Buildex Pro's logos;

k. remove copyright or trade mark notices;

l. imitate Buildex Pro's trade dress or visual identity; or

m. otherwise use Buildex Pro's branding in a manner likely to cause confusion or dilute its reputation.

Buildex Pro reserves all goodwill arising from the use of its name, branding and trade marks.

Where permission is granted to use Buildex Pro's branding, such permission:

a. is personal;

b. is non-exclusive;

c. is non-transferable;

d. may be withdrawn at any time;

e. must comply with any brand guidelines issued by Buildex Pro; and

f. shall not create any partnership, agency, franchise or other legal relationship unless expressly agreed in writing.

Nothing contained within these Terms prevents Buildex Pro from seeking registration of any existing or future trade marks in any jurisdiction.

Buildex Pro reserves the right to take legal action against any unauthorised use of its branding, including claims for passing off, trade mark infringement, copyright infringement, unfair competition or any other remedy available under Applicable Law.

The protections contained within this Clause continue after termination of these Terms for so long as Buildex Pro retains rights in its branding and associated goodwill.

25.User Content, Feedback and Submitted Materials

Where Users submit or upload any content to Buildex Pro, including but not limited to photographs, videos, plans, drawings, documents, messages, reviews, testimonials, comments, suggestions, feedback or other materials ("User Content"), the User warrants that:

a. they own the relevant rights or have obtained all necessary permissions;

b. the User Content does not infringe the rights of any third party;

c. the User Content is accurate to the best of their knowledge;

d. submission of the User Content does not breach any law or contractual obligation.

The User remains the owner of their original User Content unless otherwise agreed in writing.

By submitting User Content to Buildex Pro, the User grants Buildex Pro a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to:

a. receive;

b. store;

c. copy;

d. reproduce;

e. adapt;

f. translate;

g. modify where reasonably necessary for formatting or technical purposes;

h. distribute internally;

i. communicate;

j. display;

k. publish;

l. archive; and

m. otherwise use the User Content solely for purposes connected with:

  • providing the Services;
  • administering customer accounts;
  • responding to enquiries;
  • complying with legal obligations;
  • defending legal claims;
  • quality assurance;
  • staff training;
  • insurance requirements;
  • dispute resolution; and
  • improving Buildex Pro's business operations.

Unless expressly agreed otherwise, Buildex Pro shall not publicly publish photographs of the Customer's Property for marketing purposes where the Property or Customer can reasonably be identified without first obtaining any consent required by Applicable Law.

Where the Customer expressly consents, Buildex Pro may use photographs, videos or testimonials for:

a. portfolio purposes;

b. marketing;

c. social media;

d. advertising;

e. case studies;

f. award submissions;

g. tender submissions; and

h. promotional materials.

The Customer may withdraw future marketing consent where required by Applicable Law, but such withdrawal shall not affect lawful use that occurred prior to withdrawal.

Buildex Pro is under no obligation to accept, publish or retain any User Content.

Buildex Pro reserves the right, without prior notice, to refuse, edit, remove or disable access to any User Content that it reasonably believes:

a. is unlawful;

b. infringes intellectual property rights;

c. is defamatory;

d. is abusive;

e. is threatening;

f. is discriminatory;

g. is fraudulent;

h. contains malware;

i. contains confidential information belonging to another person;

j. breaches these Terms; or

k. may expose Buildex Pro or any third party to legal liability.

Suggestions, ideas, recommendations or feedback voluntarily provided to Buildex Pro may be used by Buildex Pro without restriction and without any obligation to compensate the User, unless otherwise agreed in writing.

The User shall indemnify and keep indemnified Buildex Pro against all losses, liabilities, damages, claims, costs and expenses arising from any allegation that User Content submitted by the User infringes the rights of any third party or breaches Applicable Law.

Nothing in this Clause transfers ownership of Buildex Pro's Intellectual Property Rights or limits the protections contained in Clauses 22, 23 and 24 of these Terms.

The rights, licences and indemnities contained within this Clause shall survive termination, expiry or cancellation of these Terms to the extent necessary to protect the legitimate interests of Buildex Pro.

26.Reviews, Testimonials and Ratings

Buildex Pro welcomes genuine reviews and feedback from Customers regarding their experience with our Services.

Any review, rating, testimonial or recommendation submitted to Buildex Pro must:

a. be truthful;

b. be based upon the User's genuine experience;

c. not be misleading or deceptive;

d. comply with Applicable Law; and

e. not infringe the rights of any third party.

Users shall not:

a. submit false reviews;

b. submit reviews on behalf of another person without authority;

c. manipulate ratings;

d. offer or accept payment in exchange for misleading reviews;

e. publish defamatory statements;

f. impersonate Customers;

g. submit multiple reviews relating to the same transaction using different identities;

h. knowingly publish false allegations; or

i. interfere with the integrity of any review platform.

Buildex Pro reserves the right to investigate suspected review manipulation and may remove or refuse to publish any review where reasonably considered appropriate.

Where reviews are submitted through third-party platforms, including search engines, social media platforms or review websites, the User acknowledges that those platforms operate under their own terms and privacy policies.

Nothing in these Terms requires Buildex Pro to publish every review received.

Buildex Pro reserves the right to reproduce, display or refer to genuine reviews and testimonials for marketing, promotional or business purposes, provided such use complies with Applicable Law.

Minor grammatical corrections, formatting changes or reasonable editing may be made to testimonials provided that the substance and overall meaning are not materially altered.

Where a review contains confidential information, personal data, defamatory material, abusive language or unlawful content, Buildex Pro may remove, redact or refuse to publish it without notice.

Nothing in this Clause limits Buildex Pro's right to pursue legal remedies where false, malicious or defamatory statements cause loss or damage to its business, reputation or goodwill.

27.Third-Party Websites, Software and External Links

The Website may contain links to third-party websites, applications, software, payment providers, mapping services, social media platforms or other external resources for the convenience of Users.

Unless expressly stated otherwise, Buildex Pro does not own, operate or control any third-party website or service.

The inclusion of any external link does not constitute:

a. endorsement;

b. approval;

c. recommendation;

d. partnership;

e. sponsorship; or

f. guarantee,

of the linked website, organisation, products or services.

Buildex Pro accepts no responsibility for:

a. the availability of third-party websites;

b. the content of third-party websites;

c. third-party products or services;

d. third-party software;

e. third-party privacy practices;

f. third-party security;

g. third-party accuracy; or

h. any loss arising from reliance upon third-party content.

Users access third-party websites entirely at their own risk.

Buildex Pro recommends that Users read the applicable terms, privacy policies and security information of any third-party website before providing personal information or completing transactions.

Where the Services involve products or services supplied by independent manufacturers or suppliers, any manufacturer warranties remain subject to the relevant manufacturer's own terms and conditions.

Nothing in this Clause excludes any liability that cannot lawfully be excluded under Applicable Law.

28.Website Availability, Maintenance and Technical Interruptions

Buildex Pro aims to maintain continuous availability of the Website but does not guarantee uninterrupted access.

The Website may become temporarily unavailable due to:

a. scheduled maintenance;

b. emergency maintenance;

c. software updates;

d. server failures;

e. internet outages;

f. cyber-security incidents;

g. denial-of-service attacks;

h. telecommunications failures;

i. third-party hosting issues;

j. cloud service interruptions;

k. utility failures; or

l. circumstances beyond Buildex Pro's reasonable control.

Buildex Pro reserves the right to suspend, restrict or discontinue any part of the Website at any time without prior notice where reasonably necessary.

Buildex Pro shall not be liable for any interruption, delay or temporary unavailability of the Website except to the extent liability cannot lawfully be excluded.

From time to time Buildex Pro may:

a. introduce new functionality;

b. remove existing functionality;

c. redesign the Website;

d. migrate data;

e. improve performance;

f. implement security enhancements; or

g. retire obsolete systems.

Users are responsible for ensuring that they have suitable internet access, compatible hardware, compatible software and appropriate cyber-security measures when accessing the Website.

Buildex Pro makes no representation that the Website will always operate free from errors, interruptions or compatibility issues.

29.Website Security, Cybersecurity and Technical Use

Users shall not attempt to compromise the security, integrity or availability of the Website.

Without limitation, Users shall not:

a. introduce viruses;

b. introduce ransomware;

c. introduce malicious code;

d. upload malware;

e. perform penetration testing without written authorisation;

f. conduct vulnerability scanning;

g. perform denial-of-service attacks;

h. perform distributed denial-of-service attacks;

i. interfere with authentication systems;

j. intercept communications;

k. gain unauthorised access;

l. bypass security controls;

m. exploit software vulnerabilities;

n. use automated bots except where expressly authorised;

o. scrape data;

p. harvest email addresses;

q. collect personal data from the Website;

r. use credential stuffing;

s. engage in password attacks;

t. spoof identities;

u. manipulate website functionality; or

v. otherwise interfere with the secure operation of the Website.

Buildex Pro may monitor, investigate, log and record technical activity relating to the Website where reasonably necessary for:

a. cyber-security;

b. fraud prevention;

c. system administration;

d. legal compliance;

e. protection of Users;

f. protection of Buildex Pro's legitimate interests; and

g. investigation of suspected breaches of these Terms.

Where reasonably necessary, Buildex Pro may immediately suspend access to any User account or IP address suspected of compromising Website security.

Buildex Pro reserves the right to cooperate with law enforcement agencies, cyber-security authorities, internet service providers and regulatory bodies in relation to suspected unlawful activity.

Nothing in this Clause limits Buildex Pro's right to seek injunctive relief, damages or any other legal remedy available under Applicable Law.

30.Accuracy of Information and Reliance on Website Content

The information published on the Website is provided for general informational purposes only.

Although Buildex Pro uses reasonable care to maintain accurate information, no representation or warranty is given that all content is complete, accurate, reliable, current or suitable for any particular purpose.

Users should not rely solely upon Website content when making technical, construction, engineering, architectural, legal, financial, insurance or other significant decisions.

Professional advice should be obtained where appropriate before acting upon any information published on the Website.

Illustrations, photographs, videos, project images, case studies, testimonials and examples shown on the Website are provided for illustrative purposes only and do not guarantee that identical results will be achieved in every project.

Specifications, dimensions, colours, finishes and product information displayed on the Website may vary from actual products supplied due to manufacturing changes, screen settings, supplier updates or natural variation in materials.

Buildex Pro reserves the right to correct any typographical, clerical, pricing, technical or factual error appearing on the Website without prior notice.

Nothing published on the Website constitutes engineering advice, structural advice, architectural advice, legal advice, tax advice, financial advice or any other regulated professional advice unless expressly stated otherwise in writing by a suitably qualified professional engaged for that purpose.

To the fullest extent permitted by Applicable Law, Buildex Pro shall not be liable for any loss arising from reliance placed upon information published on the Website where such reliance was unreasonable in the circumstances.

Nothing in this Clause excludes liability for fraudulent misrepresentation or any liability that cannot lawfully be excluded or restricted under Applicable Law.

31.Privacy, Data Protection and Personal Information

Buildex Pro is committed to protecting personal information and processing personal data responsibly, lawfully and transparently.

The collection, use, storage, disclosure and protection of personal data are governed by our Privacy Policy, GDPR Notice and Cookie Policy, which form separate legal documents and should be read alongside these Terms.

Nothing contained within these Terms shall limit any rights granted to data subjects under Applicable Data Protection Law.

Where personal information is provided to Buildex Pro, the User warrants that:

a. the information is accurate;

b. the information is up to date;

c. they are legally entitled to provide it;

d. they have obtained any necessary permissions where information relating to another individual is supplied.

Where the Customer provides personal data relating to employees, tenants, contractors, family members or other third parties, the Customer confirms that they have a lawful basis for doing so and, where required, have provided any applicable privacy information to those individuals.

Buildex Pro reserves the right to retain records where reasonably necessary for:

a. compliance with legal obligations;

b. contractual administration;

c. taxation;

d. accounting;

e. insurance;

f. dispute resolution;

g. fraud prevention;

h. regulatory investigations;

i. enforcement of legal rights; or

j. the establishment, exercise or defence of legal claims.

Where third-party service providers process personal information on behalf of Buildex Pro, reasonable steps shall be taken to ensure that such providers are subject to appropriate contractual and legal obligations.

Nothing in this Clause limits Buildex Pro's right to disclose information where disclosure is required or permitted by Applicable Law, court order, regulatory authority or competent governmental body.

Any detailed information regarding international transfers, lawful processing bases, retention periods, cookies, marketing preferences or individual rights is set out within the Privacy Policy and GDPR Notice.

32.Confidentiality

During the course of providing the Services, either party may receive Confidential Information belonging to the other.

For the purposes of these Terms, "Confidential Information" includes, without limitation:

a. quotations;

b. pricing structures;

c. commercial information;

d. trade secrets;

e. business methods;

f. software;

g. technical information;

h. specifications;

i. reports;

j. financial information;

k. customer information;

l. contractor information;

m. project documentation;

n. security information;

o. proprietary processes; and

p. any other information that would reasonably be regarded as confidential.

Neither party shall disclose Confidential Information to any third party except:

a. where required for the performance of the Contract;

b. where required by Applicable Law;

c. where disclosure is required by a court or regulatory authority;

d. where the information has lawfully entered the public domain;

e. where the receiving party already lawfully possessed the information before disclosure; or

f. where the disclosing party has given prior written consent.

Each party shall take reasonable steps to protect Confidential Information against unauthorised access, use or disclosure.

Nothing in this Clause prevents Buildex Pro from disclosing Confidential Information to its employees, subcontractors, consultants, insurers, legal advisers, accountants, auditors, technology providers or other professional advisers where reasonably necessary for the purposes of the Services or the operation of its business, provided that such persons are subject to appropriate duties of confidentiality.

Confidentiality obligations shall survive termination of these Terms for so long as the information remains confidential or protected by Applicable Law.

33.Electronic Communications, Digital Records and Electronic Signatures

The Customer agrees that Buildex Pro may communicate by electronic means including, without limitation:

a. email;

b. customer portals;

c. secure online platforms;

d. electronic document signing systems;

e. SMS;

f. messaging applications;

g. online account notifications; and

h. any other electronic communication method agreed between the parties.

Where permitted by Applicable Law, electronic communications shall satisfy any legal requirement that communications be in writing.

Electronic quotations, invoices, contracts, variation requests, approvals, notices and other contractual documents shall have the same legal effect as paper documents unless Applicable Law requires otherwise.

Electronic signatures, digital signatures and electronic acceptance methods shall be deemed legally valid where recognised under Applicable Law.

Buildex Pro may maintain electronic records relating to:

a. enquiries;

b. bookings;

c. quotations;

d. invoices;

e. correspondence;

f. call recordings where lawful;

g. photographs;

h. videos;

i. inspection records;

j. audit logs;

k. access records;

l. payment history; and

m. other business records reasonably required for the administration of the Services.

Unless proven otherwise by clear and convincing evidence, electronic records maintained in the ordinary course of business shall constitute prima facie evidence of the relevant communication or transaction to the fullest extent permitted by Applicable Law.

The Customer remains responsible for ensuring that their contact details remain accurate and capable of receiving electronic communications.

Buildex Pro shall not be liable for delayed or failed delivery of electronic communications resulting from circumstances outside its reasonable control, including spam filtering, internet outages, telecommunications failures or incorrect contact information supplied by the Customer.

34.Artificial Intelligence, Automation and Digital Services

Buildex Pro may utilise artificial intelligence, machine learning, automation tools or other digital technologies to assist in the provision, administration or improvement of its Services.

Such technologies may be used for purposes including, without limitation:

a. customer support;

b. appointment scheduling;

c. document generation;

d. quotation assistance;

e. project administration;

f. fraud detection;

g. cyber-security;

h. quality assurance;

i. workflow automation;

j. internal analytics; and

k. operational efficiency.

Unless expressly stated otherwise, outputs generated using artificial intelligence are subject to human review where Buildex Pro considers such review reasonably necessary.

Users remain responsible for independently reviewing any quotation, recommendation, estimate or information provided through automated systems before relying upon it.

Buildex Pro does not warrant that automated systems will always operate without interruption or error.

Users shall not attempt to manipulate, reverse engineer, probe, exploit or interfere with any automated or artificial intelligence systems operated by or on behalf of Buildex Pro.

Nothing contained within this Clause transfers ownership of any algorithms, models, software or automated technologies used by Buildex Pro.

This Clause shall not be interpreted as limiting any obligations imposed upon Buildex Pro under Applicable Law relating to automated decision-making or data protection.

35.Limitation of Liability

Nothing contained within these Terms excludes or limits any liability which cannot lawfully be excluded or restricted under Applicable Law.

Subject to Clause 35.1, Buildex Pro shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage arising out of or in connection with the use of the Website or the Services.

To the fullest extent permitted by Applicable Law, Buildex Pro shall not be liable for:

a. loss of profit;

b. loss of revenue;

c. loss of anticipated savings;

d. loss of business opportunity;

e. loss of contracts;

f. loss of goodwill;

g. loss of reputation;

h. loss of production;

i. loss of data;

j. business interruption;

k. economic loss; or

l. any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

Buildex Pro shall not be liable for any loss arising from:

a. inaccurate information supplied by the Customer;

b. failure by the Customer to comply with these Terms;

c. acts or omissions of third parties beyond Buildex Pro's reasonable control;

d. force majeure events;

e. misuse of the Website;

f. unauthorised alterations to completed works by persons other than Buildex Pro;

g. normal wear and tear;

h. failure to follow maintenance recommendations;

i. manufacturer defects in products not manufactured by Buildex Pro; or

j. delays attributable to the Customer or third parties.

Where liability cannot lawfully be excluded, Buildex Pro's liability shall be limited to the fullest extent permitted by Applicable Law.

Where the Customer is a Business Customer and Applicable Law permits limitation, Buildex Pro's aggregate liability arising out of or in connection with any Contract shall not exceed the total amount actually paid by the Customer to Buildex Pro under the relevant Contract giving rise to the claim.

The Customer acknowledges that the pricing of the Services has been calculated on the basis of the limitations and exclusions of liability contained within these Terms and that such provisions constitute a fair and reasonable allocation of commercial risk between the parties.

Each separate limitation and exclusion contained within this Clause shall operate independently and shall survive termination, cancellation or expiry of these Terms.

Nothing in this Clause affects any statutory rights enjoyed by Consumers that cannot lawfully be excluded or restricted.

36.Indemnity

To the fullest extent permitted by Applicable Law, the Customer shall indemnify, defend and keep indemnified Buildex Pro, its directors, officers, employees, consultants, subcontractors, agents, successors and assigns against all losses, liabilities, claims, proceedings, damages, judgments, penalties, fines, costs and expenses (including reasonable legal and professional fees) arising directly or indirectly from:

a. the Customer's breach of these Terms;

b. any breach of the Contract by the Customer;

c. inaccurate, false or misleading information supplied by the Customer;

d. negligence or wilful misconduct of the Customer or any person under the Customer's control;

e. the Customer's unlawful acts or omissions;

f. infringement of any third-party intellectual property rights by materials or information supplied by the Customer;

g. damage caused by the Customer to materials, equipment or property belonging to Buildex Pro;

h. unauthorised interference with the Services by the Customer or any third party acting on the Customer's behalf;

i. failure to obtain any required permissions, approvals, licences or consents;

j. any claim arising from hazardous conditions or dangerous materials that the Customer knew, or ought reasonably to have known, existed but failed to disclose; or

k. any act or omission giving rise to liability that would not have occurred but for the Customer's conduct.

The indemnity contained in this Clause shall apply whether the relevant claim is brought by:

a. the Customer;

b. a property owner;

c. a tenant;

d. an occupier;

e. a neighbour;

f. a contractor;

g. a supplier;

h. an insurer;

i. a regulatory authority; or

j. any other third party.

Nothing in this Clause requires the Customer to indemnify Buildex Pro for losses arising solely from Buildex Pro's own fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded or transferred under Applicable Law.

The rights contained within this Clause shall survive termination, expiry or completion of the Contract.

37.Insurance

Buildex Pro shall maintain such insurance policies as it reasonably considers appropriate for the nature of the Services undertaken and as may be required by Applicable Law.

Where appropriate, such insurance may include, without limitation:

a. public liability insurance;

b. employers' liability insurance;

c. professional indemnity insurance;

d. contractors' all risks insurance;

e. product liability insurance; and

f. any other insurance reasonably considered appropriate.

The existence of insurance shall not increase or extend Buildex Pro's legal liability beyond that imposed by the Contract or Applicable Law.

The Customer remains responsible for maintaining appropriate insurance in relation to:

a. the Property;

b. buildings;

c. contents;

d. landlord insurance;

e. business interruption insurance;

f. public liability risks; and

g. any other insurance reasonably appropriate to the Customer's circumstances.

Unless expressly agreed in writing, Buildex Pro does not undertake responsibility for arranging or maintaining insurance on behalf of the Customer.

Where the Customer requests works that may affect existing insurance policies, the Customer remains responsible for notifying their insurer where required.

Nothing contained within this Clause constitutes insurance advice.

38.Suspension of Services

Buildex Pro may immediately suspend all or part of the Services where it reasonably considers such suspension necessary to:

a. protect health or safety;

b. comply with Applicable Law;

c. comply with an order of a court or regulatory authority;

d. investigate suspected fraud;

e. investigate suspected criminal activity;

f. investigate suspected breaches of these Terms;

g. protect confidential information;

h. protect intellectual property;

i. protect the integrity of the Website or digital systems;

j. prevent financial loss;

k. preserve evidence; or

l. protect the legitimate interests of Buildex Pro.

Without limiting Clause 38.1, Buildex Pro may suspend the Services where:

a. payment is overdue;

b. access to the Property has been refused;

c. inaccurate or misleading information has been supplied;

d. the Customer has committed a material breach of the Contract;

e. dangerous conditions exist at the Property;

f. abusive, threatening or violent behaviour has occurred;

g. materials or equipment are unavailable due to circumstances beyond Buildex Pro's reasonable control; or

h. continuation of the Services would expose Buildex Pro or its personnel to unreasonable risk.

Where reasonably practicable, Buildex Pro shall notify the Customer of any suspension and the reasons for it.

A suspension shall not constitute a breach of contract where it is permitted under these Terms or Applicable Law.

Any completion dates shall automatically be extended by the duration of the suspension together with any additional period reasonably required for remobilisation.

Where suspension results from circumstances attributable to the Customer, Buildex Pro reserves the right to recover any reasonable additional costs incurred.

39.Termination

Without prejudice to any other rights or remedies, Buildex Pro may terminate the Contract immediately by written notice where:

a. the Customer commits a material breach of these Terms or the Contract;

b. the Customer fails to remedy a remediable breach within a reasonable period after written notice;

c. payment remains outstanding beyond the agreed payment period;

d. fraudulent information has been supplied;

e. unlawful activity is reasonably suspected;

f. the Customer becomes insolvent, enters administration, liquidation or bankruptcy, or makes any arrangement with creditors;

g. continuation of the Contract would be unlawful;

h. force majeure continues for such period that completion is no longer commercially practicable; or

i. termination is otherwise permitted under these Terms.

The Customer may terminate the Contract where Buildex Pro commits a material breach which is not remedied within a reasonable period after receiving written notice, except where the breach results from circumstances beyond Buildex Pro's reasonable control.

Termination shall not affect:

a. accrued rights;

b. accrued liabilities;

c. payment obligations;

d. intellectual property rights;

e. confidentiality obligations;

f. indemnities;

g. dispute resolution provisions; or

h. any Clause expressly or by implication intended to survive termination.

Following termination, Buildex Pro may:

a. remove personnel from the Property;

b. recover its tools, equipment and materials;

c. issue a final invoice;

d. recover outstanding sums lawfully due;

e. pursue legal remedies; and

f. take any other lawful steps necessary to protect its interests.

Where termination occurs after work has commenced, the Customer shall pay for:

a. all Services properly performed up to the date of termination;

b. materials ordered or supplied;

c. reasonable demobilisation costs;

d. storage costs;

e. cancellation charges properly incurred by Buildex Pro; and

f. any other sums lawfully due under the Contract.

40.Fraud Prevention, Identity Verification and Financial Crime

Buildex Pro is committed to preventing fraud, bribery, corruption, money laundering, terrorist financing and other financial crime.

Buildex Pro reserves the right to undertake reasonable identity verification and due diligence before accepting instructions, payments or entering into Contracts.

The Customer shall provide such information and documentation as Buildex Pro may reasonably request to verify identity, ownership, authority to instruct or source of funds where required by Applicable Law or reasonably necessary to protect Buildex Pro's legitimate business interests.

Buildex Pro may refuse to accept instructions, payments or continue the Services where:

a. satisfactory verification has not been provided;

b. fraudulent activity is reasonably suspected;

c. sanctions compliance concerns arise;

d. anti-money laundering concerns arise;

e. payment fraud is suspected;

f. unlawful activity is reasonably suspected; or

g. continuation would expose Buildex Pro to unacceptable legal or regulatory risk.

Buildex Pro may report suspected unlawful activity to law enforcement agencies, financial institutions, insurers or competent regulatory authorities where required or permitted by Applicable Law.

Any delay arising from lawful verification procedures shall not constitute a breach of contract by Buildex Pro.

Nothing in this Clause requires Buildex Pro to disclose information where doing so would prejudice the prevention or detection of crime or where disclosure is prohibited by Applicable Law.

The rights contained within this Clause survive termination of these Terms and any Contract to the extent necessary to comply with legal and regulatory obligations.

41.Consumer Rights

Nothing contained within these Terms excludes, restricts or limits any statutory rights available to Consumers under Applicable Law.

Where the Customer is a Consumer, these Terms shall be interpreted in a manner consistent with applicable consumer protection legislation.

If any provision of these Terms is found to be unfair or unenforceable against a Consumer under Applicable Law, that provision shall be modified or severed only to the extent necessary, and the remainder of these Terms shall continue in full force and effect.

Where there is any inconsistency between these Terms and mandatory consumer legislation, the mandatory provisions of Applicable Law shall prevail.

Nothing in these Terms shall prevent a Consumer from exercising any statutory remedy available under Applicable Law.

42.Business Customers

Where the Customer enters into a Contract wholly or mainly for the purposes of a business, trade, profession or occupation, the Customer acknowledges that the Contract is entered into on a business-to-business basis.

The Business Customer warrants that the individual accepting the Contract has full authority to bind the relevant business or organisation.

Unless expressly agreed otherwise in writing, Business Customers remain responsible for ensuring that all necessary internal approvals have been obtained before instructing Buildex Pro.

Where the Customer is a partnership, company, charity, association, management company or other legal entity, each individual providing instructions on its behalf warrants that they possess the authority to do so.

Where more than one person or entity enters into the Contract as the Customer, each shall be jointly and severally liable for all obligations arising under the Contract.

Nothing in this Clause limits Buildex Pro's right to recover outstanding sums from any Customer who is jointly and severally liable.

43.Entire Agreement

These Terms, together with any quotation, proposal, specification, accepted variation, Privacy Policy, Cookie Policy, GDPR Notice, Disclaimer and any other document expressly incorporated by reference, constitute the entire agreement between the parties relating to the use of the Website and, where applicable, the Services.

The Customer acknowledges that they have not relied upon any statement, representation, assurance or warranty not expressly contained within the Contract.

Nothing contained within this Clause excludes liability for fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded.

No amendment or variation to the Contract shall be binding unless made in writing and accepted by Buildex Pro, except where these Terms expressly provide otherwise.

44.Assignment and Subcontracting

Buildex Pro may assign, transfer, novate, subcontract or otherwise delegate any of its rights or obligations under these Terms or any Contract, provided that doing so does not materially reduce the level of service owed to the Customer where prohibited by Applicable Law.

The Customer shall not assign, transfer, novate, subcontract or otherwise dispose of any of their rights or obligations without the prior written consent of Buildex Pro.

The appointment of subcontractors by Buildex Pro shall not, of itself, relieve Buildex Pro of any obligations expressly assumed under the Contract.

Any attempted assignment by the Customer in breach of this Clause shall be void to the fullest extent permitted by Applicable Law.

45.Waiver, Severability and Third-Party Rights

Waiver

Failure or delay by Buildex Pro in exercising any right or remedy shall not constitute a waiver of that right or remedy.

Any waiver shall be effective only if made expressly in writing by an authorised representative of Buildex Pro.

Severability

If any provision of these Terms is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable.

Where modification is not possible, the relevant provision shall be severed and the remaining provisions shall continue in full force and effect.

Third-Party Rights

Except where expressly stated, no person who is not a party to these Terms shall have any right to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation, unless Applicable Law provides otherwise.

Nothing in this Clause affects any right or remedy of a third party which exists independently of these Terms.

46.Changes to these Terms

Buildex Pro reserves the right to amend, update, replace or withdraw these Terms at any time.

The most recent version shall be published on the Website and shall supersede all previous versions from the date specified.

Where changes materially affect existing contractual rights, Buildex Pro shall take reasonable steps to notify affected Customers where required by Applicable Law.

Continued use of the Website after revised Terms become effective constitutes acceptance of those revised Terms.

Customers should review these Terms periodically to ensure they remain familiar with the current version.

Where any provision of these Terms conflicts with mandatory legislation enacted after these Terms take effect, the relevant provision shall be interpreted and applied so far as possible to give effect to the intention of the parties while complying with Applicable Law.

47.Governing Law

These Terms, together with any Contract, quotation, proposal or other agreement entered into with Buildex Pro, shall be governed by and construed in accordance with the laws of England and Wales.

Where mandatory laws of another jurisdiction apply and cannot lawfully be excluded, those laws shall apply only to the extent required by Applicable Law.

Nothing contained within these Terms shall be interpreted as excluding any mandatory legal rights or protections that cannot lawfully be excluded.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded to the fullest extent permitted by Applicable Law.

48.Jurisdiction and Dispute Resolution

Subject to Clause 48.2, the courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute, claim or proceedings arising out of or in connection with these Terms, the Website, the Services or any Contract entered into with Buildex Pro.

Nothing in these Terms prevents Buildex Pro from:

a. commencing proceedings in any other court or jurisdiction where it considers it reasonably necessary to protect its legitimate interests;

b. seeking interim, injunctive or equitable relief in any court of competent jurisdiction;

c. enforcing any judgment or order in any jurisdiction where the Customer or their assets are located; or

d. taking any lawful steps to recover outstanding debts or protect its Intellectual Property Rights.

Before commencing formal court proceedings, either party should, where reasonably appropriate, attempt in good faith to resolve the dispute through discussions or alternative dispute resolution, provided that nothing in this Clause prevents either party from immediately seeking urgent injunctive relief, debt recovery, or any remedy necessary to protect legal rights.

Failure to engage in voluntary discussions or alternative dispute resolution shall not prevent either party from exercising any legal rights available under Applicable Law.

49.International Users

The Website may be accessed from jurisdictions outside the United Kingdom.

Users who access the Website from outside the United Kingdom do so on their own initiative and are solely responsible for ensuring that their use of the Website complies with all applicable local laws, regulations and governmental requirements.

Buildex Pro makes no representation that the Website, its content or the Services are appropriate, available or lawful in every jurisdiction.

Access to the Website from territories where its contents or use would be unlawful is prohibited.

Nothing contained within these Terms shall be interpreted as requiring Buildex Pro to provide Services in any particular country or territory.

Buildex Pro reserves the right to refuse enquiries, quotations or Contracts where the requested Services fall outside its operational coverage, legal obligations, insurance arrangements or commercial capabilities.

Any international project accepted by Buildex Pro may be subject to separate contractual terms, local legal requirements, tax obligations, licensing requirements, customs requirements or import/export regulations.

50.Contact Information

Questions regarding these Terms should be directed to Buildex Pro using the contact details published on the Website.

Unless otherwise notified in writing, legal notices relating to these Terms should be sent using the official contact details specified by Buildex Pro.

Buildex Pro reserves the right to update its contact details, registered office, trading address, telephone numbers, email addresses or other contact information from time to time without requiring amendment of these Terms.

Publication of updated contact information on the Website shall constitute sufficient notice of such changes unless Applicable Law requires otherwise.

For legal correspondence relating to these Terms, Users should use the contact details displayed within the Legal section of the Website.

51.Final Provisions

These Terms shall be interpreted fairly and in accordance with their ordinary commercial meaning, having regard to the legitimate interests of both Buildex Pro and its Customers.

Headings are included for convenience only and shall not affect the interpretation of these Terms.

Words importing the singular include the plural and vice versa, and references to one gender include every gender, unless the context requires otherwise.

References to any statute, regulation or legislative provision include any amendment, replacement, consolidation or re-enactment of that legislation from time to time.

The words "including", "includes", "such as" and similar expressions shall be interpreted as meaning "including without limitation", unless the context expressly requires otherwise.

Where these Terms confer a right, remedy or discretion upon Buildex Pro, that right, remedy or discretion may be exercised in addition to, and not in substitution for, any other right or remedy available under the Contract or Applicable Law.

If there is any inconsistency between these Website Terms and a separately signed written contract between Buildex Pro and the Customer relating to specific Services, the signed written contract shall prevail to the extent of the inconsistency.

These Terms are drafted in the English language. Where they are translated into another language, the English version shall prevail in the event of any inconsistency or ambiguity, to the fullest extent permitted by Applicable Law.

The rights, remedies, protections, exclusions, limitations and obligations contained within these Terms are cumulative and are intended to be interpreted so as to give maximum lawful effect to the intentions of the parties.

These Terms shall become effective upon publication on the Website and shall remain in force until replaced or withdrawn by Buildex Pro.

52.Compliance with Applicable Laws

Each party shall comply with all Applicable Laws, regulations, statutory requirements, codes of practice and regulatory obligations relevant to the performance of these Terms and any Contract entered into with Buildex Pro.

Nothing contained within these Terms shall require either party to act in a manner that would breach Applicable Law.

Where any legislative or regulatory change materially affects the performance of the Services or the obligations of either party, Buildex Pro reserves the right to make such reasonable amendments to the Services, procedures or Contract as are necessary to ensure ongoing legal compliance.

The Customer shall promptly provide any information or assistance reasonably required by Buildex Pro to enable compliance with Applicable Law.

53.Reservation of Rights

Except where expressly stated otherwise, all rights, remedies, powers and discretions available to Buildex Pro under these Terms, the Contract or Applicable Law are expressly reserved.

The exercise of any right or remedy by Buildex Pro shall not prevent the subsequent exercise of any other right or remedy available under these Terms or Applicable Law.

No omission, delay or partial exercise of any right shall constitute a waiver of that right.

Buildex Pro reserves the right to protect its legitimate business interests through any lawful civil, criminal, regulatory or equitable remedy available in any competent jurisdiction.

54.Interpretation

These Terms shall be interpreted fairly and objectively, giving effect to the ordinary meaning of the words used, the commercial purpose of the provisions and the legitimate intentions of the parties.

References to legislation include any amendment, replacement, consolidation, extension or re-enactment of that legislation from time to time.

References to any governmental authority, regulator or public body include any successor organisation performing substantially the same functions.

Where examples are provided following expressions such as "including", "includes", "for example" or "such as", those examples are illustrative only and shall not limit the general meaning of the preceding words.

Where any ambiguity exists, these Terms shall not be interpreted against Buildex Pro solely because it prepared or published them.

55.Survival of Provisions

Any provision which by its nature is intended to continue after expiry, completion, cancellation or termination of these Terms or any Contract shall survive and remain fully effective.

Without limitation, the following Clauses shall survive termination where applicable:

a. Intellectual Property Rights;

b. Copyright;

c. Trade Marks;

d. User Content;

e. Confidentiality;

f. Limitation of Liability;

g. Indemnities;

h. Outstanding Payment Obligations;

i. Fraud Prevention;

j. Governing Law;

k. Jurisdiction;

l. Dispute Resolution; and

m. any other provision which is expressed or intended to survive termination.

Termination of these Terms or any Contract shall not affect any rights, remedies, obligations or liabilities accrued before the effective date of termination.

56.Conclusion

Buildex Pro is committed to providing professional, reliable and high-quality construction, refurbishment, maintenance and property-related services while conducting its business with integrity, transparency and respect for its Customers, contractors, suppliers and business partners.

These Terms are intended to establish a fair and balanced contractual framework that protects the legitimate interests of all parties while complying with Applicable Law.

By continuing to access or use the Website, requesting a quotation, instructing Buildex Pro or entering into any Contract with Buildex Pro, you acknowledge that you have read, understood and agreed to be legally bound by these Terms.

If you have any questions regarding these Terms or require clarification before using the Website or instructing Buildex Pro, you should contact Buildex Pro using the official contact details published on the Website before proceeding.

These Terms supersede all previous versions of the Buildex Pro Website Terms and Conditions and remain effective until amended, replaced or withdrawn by Buildex Pro.

© Buildex Pro. All rights reserved.

No part of the Website, these Terms or any material published by Buildex Pro may be copied, reproduced, stored, transmitted, distributed, adapted or otherwise used except as expressly permitted by Applicable Law or with the prior written consent of Buildex Pro.

Questions regarding these Terms?

Please contact Buildex Pro using the contact information provided on our Contact page.

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