Introduction

Welcome to Profile Surveying Services Ltd’s Terms & Conditions. These terms govern your use of our website and any services provided by us. In this document, “we” or “us” refers to Profile Surveying Services Ltd, a company registered in England and Wales (Company No. 12486515​find-and-update.company-information.service.gov.uk) with its registered office at Queen Mary Lodge, Duffield Road, Derby, DE22 1AA, England​find-and-update.company-information.service.gov.uk. “You” refers to you as a user of our website or customer of our services. By using our website or engaging our services, you agree to these Terms & Conditions. If you do not agree, please refrain from using the site or services.

We aim to keep this document clear and in plain English. If you have any questions about these terms or need any clarification, please contact us at our official email address (provided on our website). We value transparency and trust, so we’ve written these terms to protect both your rights and ours in a fair and understandable way.

Personal Data & Privacy

Your privacy is extremely important to us. We handle personal information in strict compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (the UK’s data protection law)​gov.uk. This section explains what data we collect via our website, how we use it, and how we protect it.

• Data Collection via Contact Form: When you fill out our contact form on our website (hosted on the Wix platform), we collect the personal data you provide. This typically includes your name, email address, phone number, the type of service you are interested in, and any project-specific information or message you choose to include. We only ask for information that is relevant to your enquiry and to allow us to respond effectively. Providing this information is voluntary, but if you choose not to provide certain details (like contact information), we may not be able to respond to your enquiry or provide the information you need.

• How Your Data is Stored and Sent: When you submit the form, your data is securely stored on Wix’s servers (as part of our website content management system) and a copy is sent to us via email. This means we receive your details in our email inbox and can also view them in the Wix website management interface. Wix acts as a data processor on our behalf by holding the form submissions for us. We have configured these systems to ensure your data is transmitted and stored securely.

• Who Can Access Your Data: Currently, only the business owner of Profile Surveying Services Ltd has access to the information submitted through the website. In the future, if we expand our team, our staff may also be granted access to the enquiry data in order to assist in responding to you. Any staff with access to personal data will be trained in confidentiality and data protection duties. We do not share your personal information with any third parties for their own use. The only third parties involved are service providers necessary for running our business (for example, Wix which hosts the form, and our email service provider), and they only process your data on our instructions for the purposes described here.

• Purpose of Data Use: We will only use your personal information for the purpose of dealing with your enquiry and related pre-contractual discussions. In practice, this means using your contact details to reply to your message, provide information you requested, discuss your project requirements, and prepare quotations or proposals if you ask for them. This is considered a legitimate use of your data for “pre-contractual” purposes – essentially, taking steps at your request before potentially entering into a contract. We do not use your information for marketing, unsolicited emails, or any purpose other than responding to you. You will not be added to any mailing list, and we will not send you company news, newsletters, or promotions out of the blue. We dislike spam as much as you do, so unless you explicitly request additional information, you’ll only hear from us regarding your specific enquiry.

• Lawful Basis for Processing: By contacting us, you are essentially requesting information or a service from us, so our lawful bases for processing your data are: (1) it is necessary for us to fulfill your request or take steps towards a contract with you; and (2) your consent (since you actively provide your details to us for this purpose). Under UK GDPR, processing is lawful if it is necessary “for the performance of a contract … or to take steps at the request of the data subject prior to entering into a contract” (Article 6(1)(b)), and we interpret your enquiry as such a request. Additionally, by submitting the form, you give clear consent for us to use the data to reply to you (Article 6(1)(a)). Don’t worry – this is just the legal wording to say we’ll use your info only as you expect.

• How We Protect Your Data: We take appropriate measures to keep your personal data secure. Wix, as our website host, implements security protections for data stored on its platform (such as encryption and secure data centers). Emails we receive are protected by standard email security measures. We regularly monitor our website and email for any signs of security issues. While no method of transmission over the internet is 100% secure, we follow industry best practices to protect your information and prevent unauthorized access.

• Data Retention: We will not keep your personal information longer than necessary. Typically, when you enquire, we may retain the information you provided for a certain period (for example, up to one year) to allow us to reference your enquiry if you come back or to follow up on discussions. If you become a client, we will retain your information as part of our project records (which may be kept for several years for legal and business record-keeping purposes). If you do not become a client and the enquiry is resolved, we will delete or anonymize your personal data after it is no longer needed. We review the data we hold periodically and erase personal data that we no longer require. Of course, you have the right to ask us to delete your information sooner (see Your Data Rights below), and we will honor such requests in line with our legal obligations.

• Your Data Rights: Under the Data Protection Act 2018 and UK GDPR, you have several important rights regarding your personal data. These include the right to access your data (to ask us for a copy of the information we hold about you), the right to rectification (to have inaccurate data corrected), the right to erasure (to have your data deleted, also known as “the right to be forgotten”), the right to restrict processing (to limit how we use your data), and the right to object to certain processing. In some cases, you also have the right to data portability (to get your data in a commonly used format) if applicable, and the right not to be subject to automated decision-making that has legal effects on you (note: we do not use automated decisions in our enquiry process). You also have the right to withdraw consent at any time if we are relying on consent (see the section Consent by Submitting the Form below), and the right to lodge a complaint with the UK Information Commissioner’s Office (ICO) if you believe we are mishandling your data. We encourage you to contact us first to resolve any concerns. Exercising your rights is free of charge. To make any request regarding your data, you can contact us via email or postal mail (see Contact Us at the end of these terms). We will respond to all legitimate requests as soon as possible, and at least within the one-month timeframe required by law.

For further details on how we manage personal data, you can refer to our Privacy Notice (if provided separately on our website) or ask us for more information. We are committed to transparency and will gladly answer any questions about your data.

Cookies and Third-Party Services

Our website uses a few essential third-party services and cookies to function properly, protect our site from spam, and help us understand how the site is used. We want to inform you about these, as part of our compliance with privacy laws and our commitment to being upfront.

• Essential Cookies: Cookies are small text files stored on your device when you visit websites. We use cookies that are necessary for the functioning of our site – for example, cookies that enable the contact form to work and remember your cookie preferences. These essential cookies do not store personal information beyond what is needed to keep the site running (such as a session ID). Because they are needed for the site to function, they are always active; by using our site, you agree to their use. You can block cookies in your browser settings, but the site might not work properly if you block those that are essential.

• Google reCAPTCHA (Spam Prevention): We utilize Google reCAPTCHA on our contact form. This is a service provided by Google that helps us verify that a real person (not an automated bot) is submitting the form. It’s there to prevent spam and abuse by blocking automated software. When you use our form, reCAPTCHA may collect some information about your device and browsing session (for example, IP address and mouse movements) to determine whether you are human. Google may set a cookie named _GRECAPTCHA (with a 6-month expiry) for this purpose​outspokenbookings.co.uk. Your use of the reCAPTCHA feature is subject to Google’s Privacy Policy and Terms of Use​carbonplan.org, because it’s Google’s tool. In short, that means Google might process some technical data about you for its spam-checking algorithm. We do not see or control the data Google reCAPTCHA collects; we simply get a pass/fail from Google to let the form submission through. By using our contact form, you acknowledge that this anti-spam measure is in place. It keeps our website and inbox free of junk so that we can focus on genuine enquiries.

• Google Analytics (Site Performance Insights): We also use Google Analytics to gather anonymous information about how visitors use our website. This helps us understand things like which pages are visited, how long people stay on the site, and what kind of devices or browsers are being used. We use these insights to improve our website’s performance and content over time. Google Analytics works by setting cookies in your browser that track your visit (such as _ga and similar cookies). The information collected may include your IP address, but we have configured Google Analytics to anonymize IP addresses so that you are not personally identified. The data Google Analytics collects is aggregated — we look at trends like “X number of people visited this page” but we do not know who those people were. We do not collect any directly identifying information through analytics, and we do not share analytics data with any third parties except Google (which provides us the service). Google Analytics itself is a third-party service provider; Google’s privacy policy applies to the data it collects for analytics. We use Google Analytics purely to “gauge site usage in order to improve our service delivery”​outspokenbookings.co.uk. If you prefer to opt-out of Google Analytics tracking, you can disable or refuse cookies via your browser settings or use Google’s opt-out browser add-on. Our site will remain usable if you do so – we will respect your browser’s Do Not Track settings or any cookie consent preferences you set when interacting with our site’s cookie banner (if applicable).

• No Third-Party Advertising Cookies: We do not use any advertising or marketing cookies on our website. We do not serve targeted ads, nor do we share your browsing behavior with advertising companies. The only cookies in use are the ones mentioned above (essential site cookies, reCAPTCHA, and analytics). Therefore, you will not see any cookie for advertising or social media tracking from our site.

By continuing to use our website, after having been presented with our cookie notice, you are agreeing to the use of the essential and the above-mentioned cookies and tools. You can manage your cookie preferences at any time through your browser. For more detailed information on our use of cookies and third-party services, please see our Cookies Policy (if available) or contact us with any questions.

Consent by Submitting the Form

We want to be very clear about one important point: by submitting the contact form on our website, you are giving us your consent to use the personal data you provide solely for the purpose of responding to your enquiry and discussing your project with you. In other words, when you press “submit” and send us your details, you acknowledge and agree that we will use that information to get in touch with you about your request. This allows us to legally and ethically process your data to serve you, as per the intentions you had when filling in the form. If you did not consent to this use of your data, you would not be able to effectively receive a response from us, so submitting the form is taken as an indication that you do want us to contact you.

To summarize: we will only contact you in relation to your specific enquiry, and for no other reason. You will not receive marketing emails or unrelated calls as a result of filling out our form. If at any point after submitting the form you change your mind, you have the right to withdraw your consent – simply let us know, and we will stop processing your data and delete it (unless we have another lawful reason to keep it, such as you having entered into a contract with us in the meantime). However, please note that if you withdraw consent before we have responded, we will not be able to respond to your enquiry.

By using alternative methods to contact us (for example, calling us by phone), you can inquire without using the website form if you prefer not to send your details online. We provide this summary clause to ensure you are fully informed and in control. Your consent and comfort with how we handle your data is paramount.

Scope of Services and Service Limitations

Profile Surveying Services Ltd offers professional surveying services. Our services may include site engineering surveys, measured building surveys, land/topographical surveys, and other related consultancy tasks (depending on the needs of your project). When you engage us for any service, the following terms outline the scope and limitations of what we provide, in plain language:

• Provision of Services with Reasonable Care: We promise to carry out our services with reasonable skill and care, as expected of competent professionals in the surveying industry. We will follow applicable industry standards and guidelines. However, our services (including any survey reports, drawings, or advice we give) are based on the information available to us at the time and on the assumptions and conditions communicated in our contract or report. For example, our survey of a property reflects its condition on the day of the survey; we cannot guarantee that conditions won’t change afterward. Similarly, if part of a site is not accessible or information is withheld, our work might not cover that.

• Not Professional Advice for Other Purposes: Any information or recommendations we provide are intended specifically for the project or purpose agreed. While we strive for accuracy, the content of our reports or the information on our website is for general guidance only and is not a substitute for full professional advice tailored to all circumstances. Nothing on our website constitutes binding technical advice – for detailed matters, please consult us directly or refer to the formal report we provide. If you choose to rely on any general information from our site or preliminary discussions without obtaining a formal survey/report, you do so at your own risk. We cannot accept liability for losses resulting from actions taken on the basis of unofficial information or assumptions.

• Client’s Responsibility: It is your responsibility to ensure we are given correct information and access to the site or property to perform the survey. For instance, you should obtain any necessary permissions for us to enter the property or land to be surveyed, and let us know of any hazards or special conditions (like the presence of dangerous materials or site restrictions). We are not responsible for any delays or inability to complete our service if required access or information is not provided. If you provide us with any data or plans (for example, previous drawings or coordinates), we will assume these are accurate and complete unless you inform us otherwise. We will not be liable for errors in our service that arise directly from incorrect or incomplete information you supplied.

• Scope Limitations: Our written agreement or quotation with you will normally detail exactly what services we will perform. Please be aware that we only undertake the tasks explicitly stated. Any additional work (for example, returning for a re-survey due to changes, or performing tasks outside the original scope) may require a separate agreement or additional fees. We also do not usually include services such as destructive testing (drilling, excavating) or specialized inspections (like plumbing or electrical assessments) unless clearly stated. If such additional expertise is needed, we can often recommend qualified specialists, but it would not fall under our responsibility unless agreed.

• Accuracy and Outcomes: Surveying by its nature has a degree of tolerance and potential for minor errors. We use modern equipment and methods to achieve a high degree of accuracy, and we double-check critical measurements. However, no survey is perfectly exact. There can be small measurement deviations or unforeseen factors. We cannot guarantee that a survey will reveal things that are hidden (for example, subsurface elements or structural issues inside walls that are not visible). Our reports will explain any limitations encountered (such as areas we could not access or measurements that are estimated). Our commitment is to alert you to any such limitations and, if possible, provide recommendations (e.g., if we suspect an issue beyond our scope, we might advise you to get a structural engineer’s inspection).

• Use of Deliverables: Any drawings, models, digital files, or reports we deliver to you are intended for your use for the purposes stated. They should be accurate within the context and scope described. Please use them responsibly – for example, a measured survey plan we provide is suitable for planning your project, but if you later decide to use it for a different purpose (like legal boundary disputes) without telling us, it might not be fit for that new purpose. Always consult us if you are unsure whether the work we have provided can be used in a particular way. We are happy to clarify or, if needed, adapt the service (which may involve additional fees).

In summary, we will do our utmost to provide a reliable, high-quality service. In return, we ask that you understand the inherent boundaries of surveying work and use our outputs appropriately. This transparent explanation is not to alarm you, but to ensure realistic expectations and avoid any misunderstandings. We find that clear communication upfront leads to successful outcomes and satisfied clients.

Cancellations and Changes

We understand that plans can change. This section explains how cancellations or changes to agreed services are handled:

• Your Right to Cancel (Cooling-Off for Consumers): If you are an individual hiring our services for personal use (a “consumer”), and our agreement to provide services was made at a distance (for example, via online communication or over the phone) or at your home (off-premises), then under UK law you typically have a 14-day cooling-off period during which you can cancel the contract without giving a reason​which.co.uk. This period starts from the day you agree to proceed with our service (for example, when you accept a quote in writing). If you qualify for this and wish to cancel within those 14 days, you should notify us as soon as possible (email is fine). We will acknowledge your cancellation and, if you had made any payment, we will refund it within 14 days of your cancellation. Important: If you requested (or agreed) that we begin the survey service before the 14-day period ends (for instance, you asked for an urgent survey within a few days), then if you cancel after we’ve started work, we may charge you for the portion of work already completed or any costs incurred up to the point of cancellation​which.co.uk. By law, you lose the right to cancel once a service has been fully performed (completed) within the 14-day period if you consented to an early start. We will always make these terms clear when scheduling work during the cooling-off period.

• Cancellation (General Cases): Outside of the consumer cooling-off scenario (or for business clients, or consumer cases where the 14 days have passed), you may still request to cancel the service, but cancellation will be subject to the terms of our agreement and may involve charges. If you need to cancel a booked survey or service, please inform us as early as possible. We invest time and resources in preparation (and possibly turn down other work for the slot we reserved for you), so last-minute cancellations can be problematic. If you cancel with short notice (e.g., less than 48 hours before a scheduled survey date, or after we have already traveled to the site), we reserve the right to invoice you for any costs incurred or a reasonable cancellation fee. We’re not in the business of charging unfair fees, so we will be transparent about any costs we need to recover (such as time already spent, travel expenses, etc.). If you have paid a deposit and cancel late, the deposit may be non-refundable to cover these costs, unless agreed otherwise. For cancellations with more notice, we will typically waive any charge or return any deposit, as we appreciate the advance notice.

• Rescheduling: If you simply need to change the date or details of the service (as opposed to outright cancel), please contact us and we will do our best to accommodate. Rescheduling an appointment does not usually incur a fee if we have enough notice and availability. We understand that construction project timelines shift, weather can interfere with site work, and so on. We’d much rather find a new date that works for everyone than cancel completely. Just keep in mind our schedule might mean a short wait for the next available slot.

• Our Right to Cancel: In rare cases, we might need to cancel or postpone the service from our side. Possible reasons could include: unforeseen circumstances (e.g., surveyor illness, equipment failure), unsafe site conditions, or events beyond our control (see Force Majeure below). If we initiate a cancellation, we will let you know as soon as possible and provide a rescheduled date or a full refund of any payment you have made for the affected service, as you prefer. If we arrive on site and find we cannot complete the work due to something that was not communicated to us (for example, the site is locked and we were not given access, or severe hazards are present), we will contact you to discuss next steps; a charge may apply for the lost time, but we will try to be fair and find a solution (like rescheduling) first.

• How to Cancel: If you decide to cancel, you should contact us directly (by phone or email). A written cancellation (email) is best for clarity. We will confirm back to you that we have received your cancellation request. If you don’t get a confirmation from us, please follow up, as it may mean we didn’t receive your message.

We strive to be understanding and flexible with cancellations. Life happens – we just ask for honesty and reasonable notice, and we will reciprocate the same. Any specific cancellation terms will also be outlined in our individual agreements or quotes to you, so there are no surprises.

Limitation of Liability

While we will always do our best in our work, it’s important to set out the limits of what we can be held responsible for. This section limits our liability to you in certain ways. We are not trying to avoid responsibility for things we are legally liable for, but we do need to clarify the extent of our obligations.

• Unlimited Liability for Certain Matters: First and foremost, we do not exclude or limit our liability where it would be unlawful to do so. This means that if we do something that causes death or personal injury due to our negligence, we are fully liable – nothing in these terms will restrict that. Likewise, in cases of our fraud or fraudulent misrepresentation, or any other liability that by law cannot be limited or excluded, our liability remains unlimited. Your statutory rights as a consumer (if you are one) are not affected by anything in these terms.

• Liability for Our Service Performance: If we fail to perform our services to the standard agreed (breach of contract) or we are negligent in our work, we accept responsibility for the direct losses or damages you suffer as a foreseeable result of that failure. However, our liability for such claims is capped at a reasonable level. Typically, our policy is that our total liability to you for any claim (or series of related claims) is limited to the amount you have paid us for the service in question. In other words, if you paid a fee of £X for a survey, and something goes wrong that is our fault, the maximum compensation you could ordinarily recover from us would be £X (in addition to a refund of the fee if appropriate). We believe this is fair given the scale of our business. If you feel that a higher liability cap is needed for your project (for example, if it’s unusually high-risk or high-value), please discuss this with us in advance – we may be able to arrange something (potentially at an increased fee or with insurance coverage). By default, this limitation stands to keep our exposure proportionate.

• No Liability for Indirect or Unforeseeable Losses: We are not responsible for losses that were not foreseeable to both you and us at the time of contract. “Foreseeable” means that it was either obvious that it could happen or both sides contemplated it when the contract was made. We also will not be liable for indirect, consequential, or special losses. This includes things like loss of profit, loss of business, business interruption, or loss of business opportunities, especially where you are a business customer​osborneandlittle.com. For example, if a survey report turned out to have an error, we would be responsible for the cost of correcting that error and any direct damages caused by relying on it. But we would not pay for, say, the loss of a big sale or investment that you claim you missed out on (unless such a loss was a direct foreseeable result of our breach and was communicated as a possibility). Similarly, if you are using our service for something commercial and you suffer financial loss unrelated to the immediate work we did, we generally would not cover that.

• No Liability for Delays or Events Beyond Our Control: If our services are delayed or disrupted due to events outside our control (see Force Majeure below for examples), we are not liable for any resulting harm or costs, provided we have taken reasonable steps to mitigate the impact. We will, of course, resume work or reschedule as soon as feasible, or allow you to cancel if the delay is significant, but we won’t be held responsible for the initial delay in such scenarios.

• Your Use of Our Deliverables: We are not liable for any consequences of you using our survey results or reports for purposes beyond their intended scope, or for third-party reliance on them. Our contract is with you, and only you are entitled to rely on our work. If you provide our report to someone else (e.g., another contractor or a bank) and they rely on it, it’s at their own risk unless we explicitly agree to extend our duty of care to them (which might involve an extra fee or a formal reliance letter). Also, if you alter or tamper with the reports or files we deliver, we can’t be responsible for those changes.

• Mitigation of Loss: If something does go wrong, you are expected to take reasonable steps to minimize your losses. For example, if you discover an error in our report, let us know promptly so we can fix it, rather than waiting and allowing the issue to compound. We may advise you on steps to mitigate any problem – following that advice can help reduce loss for everyone involved.

In summary, we will compensate you if we breach our duties and it causes you foreseeable loss – but our liability has sensible limits. We recommend that you have your own appropriate insurance or backup plans for any especially sensitive or high-value matters. We carry professional indemnity insurance as is standard for surveyors, which covers claims up to a certain limit; this is part of how we ensure any valid claim can be paid. The limitations above are designed to be lawful and reasonable under UK contract law and consumer law. If you’re a consumer and any part of this section is deemed unenforceable or unfair, it will not apply to you, and it does not affect your legal rights.

Intellectual Property

We take pride in the materials and content we create – whether that’s the content on our website or the reports and drawings we produce for clients. This section explains our intellectual property (IP) rights and how you are allowed to use our materials.

• Website Content: All content on our website (including text, images, graphics, logos, design, and layout) is the intellectual property of Profile Surveying Services Ltd, or is used by us with permission from the rights holder. This content is protected by copyright, trademark, and other applicable intellectual property laws. You are welcome to browse our site, print off pages for your personal reference, and share links to our site, but you must not copy, reproduce, redistribute, or republish any content from our website for commercial purposes without our explicit written consent. For example, you cannot take text or images from our site and use them on your own website or in any publication without permission. You also may not use our company name, logos, or branding assets without authorization. If you wish to quote or use any content, please contact us – in most cases, we are happy to agree as long as appropriate credit is given, but we do need to approve it.

• Client Deliverables: When we carry out a service for you, we may create certain deliverables, such as survey reports, drawings, maps, digital data files, and so on. Unless otherwise agreed in writing, we retain the intellectual property rights (such as copyright) in all such materials that we create. However, once you have paid for the service in full, we grant you a license to use the deliverables for their intended purpose. In practice, this means you can use and rely on the survey results for the project or purpose for which they were commissioned (e.g., planning your construction or presenting to regulators). You can also make copies of the deliverables for backup or distribution to others involved in that project (for instance, sharing the report with your architect or builder is fine). What is not allowed is using the deliverables for a completely different project or for commercial exploitation outside of the original purpose, without our permission. For example, you shouldn’t resell our report to a third party or publish our plans publicly without a license from us to do so.

• No Unauthorized Modifications: Please do not remove any copyright notices or company logos from our deliverables. If you need something altered or a different format, let us handle that. Altering a technical document without proper oversight could lead to inaccuracies for which we cannot be responsible. We also ask that you don’t reverse-engineer or attempt to extract proprietary methodologies from any digital deliverables we provide (for instance, trying to use our files to create your own template or software tool). We naturally utilize our know-how and templates in producing work – those underlying methods remain ours.

• Intellectual Property of Others: If as part of a project we incorporate third-party materials (say, an Ordnance Survey map, or a specialist’s report) or you yourself provide materials to us (like architectural drawings you have rights to), those respective parties retain their IP rights. We will not acquire ownership of any IP you already own and provide to us; conversely, you should ensure you have the rights to give us any materials you want us to use (so that our use doesn’t infringe someone else’s IP). If you supply us with content (photos, documents) to include in our deliverables, we will assume you have the necessary rights, and you will indemnify us if it turns out you didn’t (meaning if we got sued because of using what you gave us, you’d cover our costs). This scenario is rare but worth stating for completeness.

In short, you own your stuff, we own our stuff. We’ll give you broad permission to use what we create for you, as long as it’s for the purpose intended. Neither of us should tread on the other’s IP rights. If you ever wish to use our deliverables beyond the originally intended use, just ask – we usually can sort something out (sometimes we might request a small license fee, depending on the case).

Force Majeure (Events Outside Our Control)

Sometimes things happen that are completely outside of our control and that may impact our ability to fulfill our obligations on time (or at all). This clause explains that neither party will be held liable if such extraordinary events occur, as long as we handle them properly.

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control​osborneandlittle.com. These causes (often called “Force Majeure events”) include, but are not limited to:

• Natural disasters or extreme weather: e.g., fire, flood, storms, earthquakes, or other natural events that make it unsafe or impossible to carry out the survey.

• Public emergencies: e.g., epidemic or pandemic situations (disease outbreaks), or government-imposed lockdowns and restrictions.

• Civil unrest or conflict: e.g., war, acts of terrorism (threatened or actual), riots, civil disturbance.

• Industrial action: e.g., strikes, lockouts, or other labor disputes affecting us or key suppliers.

• Utility or technology outages: e.g., power failure, internet service provider outages, or critical equipment breakdowns that are out of our control.

• Other unforeseeable events: any other event that is beyond our reasonable control, such as sudden legal restrictions, embargoes, or the unexpected unavailability of key personnel due to illness or injury.

If such an event occurs and it affects our ability to deliver our services as promised, here is what will happen:

1. We will inform you as soon as reasonably possible and keep you updated. Communication is key in these situations, and we will let you know what is happening and how it affects our work for you.

2. Our obligations will be suspended for the duration of the event. This means any deadlines or dates agreed will be extended, and we will resume work as soon as we can safely and feasibly do so.

3. We will take all reasonable steps to minimise the delay. For example, if one surveyor is ill, we might reassign another if possible; if a site is temporarily inaccessible, we’ll aim to visit as soon as it reopens, etc.

4. If the event is prolonged and it continues for an extended period (typically if delays go beyond 60 days), either party will have the right to cancel the contract. In such a case, we would discuss this with you. If cancellation occurs due to a force majeure event, any payment for services not yet delivered will be refunded. If we delivered part of a service, we would only charge for that portion and refund the rest. The goal is that neither side is unfairly penalized for an event neither of us could prevent.

5. If we cancel the contract under this clause or you choose to cancel because the delay has become too long, that cancellation will not be considered a “breach” by either party – it’s a mutual understanding that the contract can’t continue due to external conditions.

To give a practical example: Suppose we scheduled a survey for a certain date, but the night before, a severe storm damages the area or roads are closed. If we cannot perform the survey that day, we’d invoke this clause – it’s not our fault or yours, so we’d reschedule. If the storm damage is so bad that the site is inaccessible for weeks, we might mutually decide to cancel the project; we’d refund any deposit you paid for the survey since we couldn’t do it, and neither of us would hold the other responsible for the cancellation.

We include this clause to make clear that sometimes nobody is at fault when things go wrong. We will always do our best to fulfill our commitments and will only ever use “force majeure” for genuinely serious events outside our control – not as an excuse for poor planning. Likewise, we appreciate your understanding and cooperation if an act of God or similar disrupts our work.

Governing Law & Jurisdiction

This agreement (and any dispute or claim arising out of or in connection with it) is governed by the laws of England and Wales. We chose English law because we are based in England and that’s where we operate; it also provides a clear legal framework for both parties.

• If you are a consumer (individual): You will benefit from any mandatory provisions of the law of the country in which you reside. This clause does not affect those rights. We recognize that if you live in Scotland or Northern Ireland (for example), you may have the right to bring a claim in the courts there. Generally, any disputes can be brought in the courts of England and Wales, or in the courts of the part of the UK in which you live​osborneandlittle.com. For instance, if you live in Wales or in Northern Ireland, you might choose to use your local courts. We won’t object to the appropriate jurisdiction as required by consumer law.

• If you are a business (or the contract is made for business purposes): We both agree that any dispute or legal proceeding will fall under the exclusive jurisdiction of the courts of England and Wales​osborneandlittle.com. In other words, if any disagreements need to be resolved in court, they will be heard in an English or Welsh court (likely local to our business base, unless we agree otherwise). We and you each irrevocably submit to that jurisdiction for such disputes.

In any case, we hope to resolve any differences amicably without needing legal action. Open communication can usually prevent misunderstandings from escalating. But it’s important to have the above stated, just in case, so everyone knows which laws apply and where issues would be handled.

Other Important Terms

Finally, here are a few standard but important terms to round out this agreement. These help clarify how the contract between you and us works:

• Entire Agreement: These Terms & Conditions (along with any written proposal or contract we provide for specific services) constitute the entire agreement between you and us regarding the use of our website and our services. This means it supersedes any prior discussions, correspondence, or understandings we might have had. Of course, this doesn’t exclude liability for any fraudulent statements either of us made to get into the agreement – it just means that all the key terms are in this written agreement.

• Amendments: We may update or amend these Terms & Conditions from time to time (for example, to comply with changes in the law or to reflect new business practices). If the change is significant and affects service terms, and you are an ongoing client, we will notify you of the changes. For one-off website users, the current posted terms at the time of your visit or interaction will apply. We will always post the latest version on our website with a revised date. Continuing to use the website or our services after an update means you accept the new terms. If you do not agree to changes, you should stop using the site and can, for service contracts, discuss termination or adjustments with us if applicable.

• No Waiver: If we do not insist immediately that you do something you are required to do under these terms, or if we delay in taking action against you if you breach these terms, that will not mean that we have waived our rights and it will not mean that you don’t have to do those things. For example, if a payment is late and we do not chase it right away, it doesn’t mean we are giving up our right to receive the payment. Any waiver of rights would have to be explicit and in writing. Similarly, if you don’t enforce a right against us right away, it doesn’t mean you have waived it.

• Severability: If any provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable by a court or competent authority, that provision shall be deemed removed (severed) from the agreement. The rest of the terms will remain in full effect. In legal terms, the invalid part can be struck out without affecting the rest. We and you can then agree to replace that part with a valid provision that closely matches the intent of the original. The purpose of this clause is to ensure that one problematic clause does not void the entire contract.

• Third Party Rights: This agreement is just between you and us. No other person or company shall have any rights to enforce any term of this contract (except where such rights cannot be excluded by law). For example, if you have a friend who is also benefiting from our service, they cannot sue us under this contract – only you can (and vice versa, we will only owe duties to you, not to your friend). The UK Contracts (Rights of Third Parties) Act 1999 is excluded here, meaning a third party doesn’t gain rights under this contract. This is simply to avoid complications; it doesn’t prevent you from transferring the benefit of the service to someone else, but they would not have contractual rights against us without our agreement.

• Assignment: You may not transfer or assign your rights or obligations under these terms to anyone else without our written consent. For instance, if you engage us for a survey, you can’t just transfer that agreement to another person unless we approve (typically we would, but we want to ensure we know who our contractual counterpart is). We, on the other hand, can assign our rights and obligations to a successor or another entity (for example, if the company is sold or restructured), but if we do so, we will notify you and ensure that your rights are not affected.

• Relationship: Nothing in these terms creates any special relationship between us beyond a contractor/client relationship. We are not partners or in a joint venture; neither party is an employee or agent of the other. We each remain independent.

• Survival: Any parts of this agreement which by their nature should continue to apply after termination (such as confidentiality, limitations of liability, governing law, etc.) will continue to operate even after the contract ends or is cancelled.

• Headings: The section headings (like “Introduction” or “Cancellation”) are there to help readability and have no legal effect by themselves. They do not define, limit, or extend the scope of the provisions. So, if a heading says one thing but the text says another, the text is what counts – the heading is just a guide.

Thank you for taking the time to read our Terms & Conditions. We have tried to cover all necessary points while keeping the tone approachable and the language clear. By ensuring everything is laid out transparently, we believe we set the foundation for a trustworthy business relationship. If anything is unclear or if you have any concerns about these terms, please get in touch with us – we will be happy to assist.

Contact Us: If you have questions about these Terms & Conditions, or about how we handle your data, or any other aspect of our service, please contact Profile Surveying Services Ltd at [contact email/phone] (see our website’s contact details). We will do our best to address your queries promptly and effectively.

Last updated: April 2025