Our Service Terms

Application and Entire Agreement

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Seventwoseven Designs Ltd, the data processor, a company registered in England and Wales under number 06971509 whose registered office is at 16 Heronsgate Trading Estate, Paycocke Road, Basildon, Essex, SS14 3EU (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. You acknowledge that our services are based on information supplied to us by you and therefore, we cannot be held responsible for any errors as a result of the information received from you.

Interpretation

5. A "business day" means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.
6. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
7. Words imparting the singular number shall include the plural and vice-versa.

Services

8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
9. We will produce all drawings based on information received by you. It is your responsibility to ensure all information is correct at the time of issue. When the project reaches the As Built stage, we require at least 2 weeks notice before we are required to attend site to produce surveys (provided this was included in the quote).  Should there be a need to complete a site survey urgently (with less than 2 weeks notice) an extra fee will be applicable and will need to be agreed with Stewart More.  Should 2 weeks notice not be given Seven Two Seven will not be liable for further costs charged to you for project delays.  Any changes must be agreed with Stewart More prior to any works commencing and may incur further costs.  We will inform you of those costs before making any changes.
10. If drawings completed by Seven Two Seven are amended by you, Seven Two Seven will not take any responsibility for those amendments nor are we responsible if those amendments are missing from any of our drawings issued after the amendment by you has taken place. If you require these amendments to be applied to our drawings, will do so after you have informed us in writing giving 2 full working days’ notice. Seven Two Seven drawings must not be amended by you.
11. If drawings are constantly being rejected through no fault of Seven Two Seven (where drawings are constantly coming back as rejected/ Status B or C) you will incur a further charge for the extra work required by Seven Two Seven. This will be priced by Stewart More.
12. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations and we cannot guarantee any targets or timetables will be met, particularly where approvals from other parties are required, nor the performance, work or the products of others.
13. All of these Terms and Conditions apply to the supply of Services unless we specify otherwise.

Your Obligations

14. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. We will not be held responsible for delayed drawings due to lack of information from you.
15. If you do not comply with clause 10, we can terminate the Services.
16. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees

17. The fees (Fees) for the Services are set out in the quotation and are on a time and services basis.
18. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
19. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
20. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
21. We reserve the right to review quotes after the expiry date of our quotes has expired.

Cancellation and Amendment

22. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
23. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation within 10 workings days from the date of the quote.
24. If you want to amend any details of the Services, you must tell us in writing within 10 working days from the date of the quote. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
25. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

26. Where necessary, for new clients (first project) or high value projects (above £75,000), we may require payment of at least 10% of our quoted Fee plus VAT before we will commence any works. The amount required will be detailed on the quote.
27. We will invoice you for payment of the Fees as follows:
    • Weekly – based on works carried out; or
    • Monthly – based on works carried out; or
    • when we have completed the Services (for projects under £5,000); or
    • on the invoice dates set out in the quotation.
    • if you require As Builts earlier than the agreed 2 weeks notice we will charge an extra fee of £1,000 plus VAT
28. You must pay the Fees due within a maximum of 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
29. Time for payment shall be of the essence of the Contract.
30. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per month above the base lending rate of the Bank of England on the amount outstanding until payment is received in full. We may also add a one-off fee of £40 for invoices up to the value of £999.99, £70 for invoices between the value of £1,000 and £9,999.99 and £100 for invoices at the value of £10,000 plus.
31. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
32. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
33. Receipts for payment will be issued by us only at your request.
34. All payments must be made in British Pounds unless otherwise agreed in writing between us.
35. We reserve the right to place any debt into the hands of a debt recovery agency following failure to pay our invoices within the specified period.
36. The Client may not withhold payment after the final due payment date or any sum unless the Client gives no less than seven days’ notice before such final date a notice specifying the amount proposed to be withheld and the grounds for withholding payment; or if there is more than one ground for withholding, the Client must detail each ground with the amount attributed to it.

Sub-Contracting and Assignment

37. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
38. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

39. We can terminate the provision of the Services immediately if you:
    • commit a material breach of your obligations under these Terms and Conditions; or
    • fail to pay any amount due under the Contract on the due date for payment; or
    • are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
    • enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
    • convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual Property

40. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and Indemnity

41. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
42. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
43. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
    • any indirect, special or consequential loss, damage, costs, or expenses or;
    • any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
    • any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
    • any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
    • any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
44. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
45. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances Beyond a Party's Control

46. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

47. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
48. Notices shall be deemed to have been duly given:
    • when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    • when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    • on the fifth business day following mailing, if mailed by national ordinary mail; or
    • on the tenth business day following mailing, if mailed by airmail.
49. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Records

50. We shall keep and make available on request records of any expenses and disbursements to be reimbursed at new cost and / or time spent on services charged on a time basis. If you require time records to be kept on any projects, this needs to be advised at the outset of a project. We use an hours based time tracker application to record our time records.

E-mail Policy

51. Unless you withdraw your consent, we will communicate with you and others related to the project, where appropriate, via email, but cannot be held responsible for the security of correspondence sent by these means.

No Waiver

52. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

53. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

54. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.