IMPORTANT: These Terms and Conditions govern all Services provided by M Water Services Limited. By engaging M Water Services Limited, the Client confirms acceptance of these Terms in full. Please read carefully before proceeding.
1. Definitions
1.1"Company" means MWater Services Limited (Company Registration No. 16388688), registered at Mulberry Grove, Suite 3653, Wokingham, RG40 9NN.
1.2"Client" means the individual, company, or organisation engaging the Company for Services.
1.3"Services" means the works, inspections, consultancy, or related activities agreed between the parties.
1.4"Subcontractor" means any third party engaged by the Company to deliver part or all of the Services.
1.5"Agreement" means the contract formed between the Company and the Client upon acceptance of a quotation, incorporating these Terms and Conditions.
1.6"Fee" means the amount payable by the Client to the Company for the Services as set out in the accepted quotation.
2. Quotations and Bookings
2.1All quotations are valid for 30 days from the date of issue unless stated otherwise in writing.
2.2A booking is confirmed once the Client accepts the quotation in writing (including by email) and the Company acknowledges acceptance.
2.3Once confirmed, the agreed date is reserved exclusively for the Client and the Company will decline other engagements for that date.
3. Cancellations and Amendments
3.1Cancellations received more than 7 calendar days before the scheduled date: no charge.
3.2Cancellations received within 7 calendar days of the scheduled date: the Company may charge a cancellation fee of up to 25% of the agreed Fee, or, where the Client wishes to reschedule, a rescheduling fee of up to 15% of the agreed Fee.
3.3Cancellations received within 24 hours of the scheduled date: the Company may charge up to 100% of the agreed Fee.
4. Reserved Dates
4.1Where a date is reserved at the Client's request prior to the issue of a formal quotation, that date is held exclusively for the Client pending confirmation of the booking in accordance with clause 2.2.
4.2Cancellations of a reserved (pre-quotation) date with less than 7 calendar days' notice may incur a reservation fee of up to 25% of the Company's anticipated Fee for the Services.
5. Payment Terms
5.1Payment is due within 30 days of the invoice date unless agreed otherwise in writing.
5.2All Fees are exclusive of VAT, which will be charged at the applicable rate where required by law.
5.3Late payments will accrue interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% per annum above the Bank of England base rate, from the due date until the date of actual payment.
5.4The Company reserves the right to suspend Services immediately upon non-payment of any overdue sum, without liability to the Client.
5.5The Company reserves the right to recover all reasonable debt collection costs and legal fees incurred in recovering overdue amounts.
6. Subcontracting
6.1The Company may appoint suitably competent and insured subcontractors to carry out all or part of the Services. The Company shall remain responsible to the Client for the performance of any subcontracted work.
6.2Where the Company is engaged as a subcontractor, its obligations are limited to the agreed scope of work as set out in the relevant subcontract.
7. Health and Safety
7.1All Services will be carried out in accordance with applicable legislation and guidance, including ACoP L8, HSG274, and BS 8580-1.
7.2The Client must provide a safe working environment and disclose all known hazards prior to commencement of the Services.
7.3The Company reserves the right to cease work immediately where unsafe or hazardous conditions are identified, without liability to the Client. Additional charges may apply to any resultant delay.
8. Access to Premises
8.1The Client shall provide safe, timely, and unrestricted access to all areas, plant, and systems required for the performance of the Services.
8.2Any delays or additional costs arising from restricted or unavailable access will be charged to the Client at the Company's standard rates.
9. Client Responsibilities
9.1The Client is responsible for maintaining accurate and up-to-date site records, logbooks, and documentation as required by applicable legislation.
9.2The Client must act upon all remedial recommendations issued by the Company within any timescale specified in the Company's report, or otherwise within a reasonable time. The Company shall not be liable for any loss, harm, or regulatory consequence arising from the Client's failure to act upon such recommendations.
10. Insurance
10.1The Company maintains appropriate Public Liability and Professional Indemnity insurance. Details are available on request.
10.2The Client remains solely responsible for insuring its own premises, operations, and assets.
11. Data Protection
11.1The Company complies fully with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
11.2All personal data will be processed securely, lawfully, and only for legitimate business purposes in accordance with the Company's Privacy Notice, which is available on request.
12. Confidentiality and Intellectual Property
12.1All reports, risk assessments, templates, methodologies, and documentation produced by the Company remain the sole intellectual property of the Company unless agreed otherwise in writing.
12.2Both parties shall keep confidential all sensitive information exchanged during the course of the Agreement and shall not disclose such information to any third party without the other party's prior written consent. This obligation of confidentiality shall survive termination of the Agreement for a period of five (5) years.
13. Liability
13.1The Services will be provided with reasonable care and skill in accordance with applicable professional standards.
13.2The Company shall not be liable for indirect or consequential losses, including but not limited to loss of profit, loss of revenue, loss of data, business interruption, or damage to reputation, howsoever arising.
13.3Nothing in these Terms limits or excludes liability for death or personal injury caused by the Company's negligence, or for fraud or fraudulent misrepresentation.
13.4Subject to clause 13.3, the Company's total aggregate liability to the Client under or in connection with the Agreement shall not exceed the total Fees paid by the Client in respect of the specific Services giving rise to the claim.
14. Force Majeure
14.1The Company shall not be liable for any failure or delay in performing the Services arising from circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, epidemic, flood, fire, civil unrest, war, terrorism, industrial action, or government restriction or intervention.
14.2The Company shall notify the Client as soon as reasonably practicable of any force majeure event and its anticipated duration, and both parties shall use reasonable endeavours to mitigate its effects.
15. Termination
15.1Either party may terminate the Agreement on 14 days' written notice to the other party.
15.2Either party may terminate the Agreement with immediate effect by written notice if the other party commits a material breach, engages in unsafe working practices, or (in the case of the Client) fails to pay any sum due.
15.3Upon termination for any reason, the Client shall pay all Fees for Services performed up to and including the date of termination, together with any reasonable costs incurred by the Company in winding down the engagement.
16. Variation and Entire Agreement
16.1These Terms may only be varied or amended by a document signed in writing by authorised representatives of both parties.
16.2These Terms, together with the accepted quotation, constitute the entire agreement between the parties and supersede all prior representations, negotiations, understandings, or agreements relating to the subject matter. Neither party has relied upon any representation not expressly set out in these Terms.
17. Governing Law and Jurisdiction
17.1These Terms are governed by and construed in accordance with the laws of England and Wales.
17.2Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.