Building Surveying & Consultancy Services

These Terms and Conditions of Business, together with the terms set out in our proposal, fee quotation or written instruction, form the basis of the agreement between you and us (the “Agreement”). By instructing us to proceed, you are deemed to have accepted these terms.

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1. Parties

Consultant:
Channel Property Consultants Ltd (Channel PC Ltd)
(referred to as “we”, “us” or “our”)

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Client:
The person(s), company or organisation identified in our proposal or instruction document
(referred to as “you” or “your”)

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2. Our Appointment and Scope of Services

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Scope of Services​

Our appointment is limited to the services expressly described in our proposal, fee letter or other written confirmation. These may include, but are not limited to:

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• Project Management

• Schedules of Condition

• Dilapidations Schedules (Interim and/or Terminal)

• Contract Administration

• Condition Surveys and Technical Reporting

• Other building surveying or property consultancy services as agreed in writing

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No services outside the agreed scope will be provided unless expressly instructed and confirmed in writing.

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Reliance​

Our services and reports are prepared solely for your use and for the stated purpose. No third party may rely on our advice or reports without our prior written consent, which may be subject to conditions.

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3. Fees and Expenses

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Fees​

Our fees shall be as set out in our proposal or fee quotation and may be based on a fixed fee, time charge, percentage, or other agreed basis.

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Unless stated otherwise:

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• Fees are exclusive of Goods and Services Tax (GST)

• Fees exclude disbursements and third-party costs​

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Additional Services​

Any services requested outside the agreed scope will be treated as additional services and charged separately following agreement of revised fees.

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4. Payment Terms

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Invoicing

Invoices shall be issued in accordance with the payment schedule set out in our proposal or, where none is stated, monthly in arrears.

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Payment Period

All invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.

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Late Payment

We reserve the right to:

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• Charge interest on overdue sums at the statutory rate applicable in Jersey

• Suspend services until outstanding invoices are paid

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5. Information Provided by You

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You are responsible for providing complete, accurate and timely information relevant to our services. We are entitled to rely on the information you supply without independent verification unless expressly agreed otherwise.

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You must notify us promptly if you become aware that any information previously provided is inaccurate or incomplete.

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We accept no liability for errors, delays or additional costs arising from inaccurate, incomplete or late information supplied by you or by others on your behalf.

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6. Inspections and Limitations

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Unless otherwise agreed:

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• Inspections are non-intrusive and visual only

• No opening up of structures or services will be undertaken

• Services installations will not be tested

• No specialist testing (including asbestos, environmental or structural testing) is included

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Any limitations affecting our inspection or access will be recorded in our report where applicable.

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7. Professional Responsibility and Liability

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Standard of Care

We shall exercise reasonable skill and care in accordance with the standard expected of a competent building surveying consultancy experienced in providing similar services.

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Limitation of Liability

To the fullest extent permitted by Jersey law, our total liability to you for any claim arising out of or in connection with this Agreement (whether in contract, tort or otherwise) shall be limited to the lower of:

• The total fee payable to us for the services; or

• The level of our professional indemnity insurance in force at the time the claim arises

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We shall not be liable for:

• Indirect or consequential losses

• Loss of profit, business or opportunity

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Nothing in this Agreement limits liability for death, personal injury, fraud or any matter which cannot lawfully be excluded.

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8. Third Parties and Specialists

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Where specialist advice is required (including structural, M&E, legal, environmental or health and safety matters), we may recommend or coordinate input from third-party consultants. Such parties are engaged directly by you unless otherwise agreed in writing.

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We are not responsible for the advice, services or fees of third parties.

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9. Termination

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Termination by Either Party

Either party may terminate this Agreement by giving 14 days’ written notice, unless otherwise stated in the proposal.

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Fees on Termination

Upon termination, you shall pay:

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• All fees properly due for services performed up to the termination date

• Any reasonable costs incurred as a result of termination

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Termination does not affect accrued rights or liabilities.

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10. Know Your Client (KYC) and Regulatory Compliance

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We are required under Jersey law to comply with anti-money laundering and counter-terrorist financing regulations.

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You agree to provide all identification and verification information reasonably required. We reserve the right to suspend or terminate services if required information is not provided.

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You consent to the use of electronic or online verification systems where appropriate.

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11. Conflicts of Interest

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We will notify you as soon as reasonably practicable if a conflict of interest arises or is identified. We will discuss appropriate steps with you, which may include continuing with safeguards in place or terminating the appointment.

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12. Data Protection

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We will process personal data in accordance with applicable data protection legislation and our Privacy Policy.

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Your data may be shared with third parties only where necessary to deliver our services or comply with legal obligations, and only to the extent required.

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13. Complaints

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If you are dissatisfied with our service, please raise the matter with us as soon as possible so that we may seek to resolve it promptly. A copy of our complaints handling procedure is available on request.

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14. Miscellaneous

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Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions or correspondence relating to its subject matter.

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Severability

If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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Assignment

We may assign or transfer this Agreement as part of a business re-organisation or sale, subject to your rights not being materially prejudiced.

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Governing Law

This Agreement shall be governed by and construed in accordance with Jersey law, and the parties submit to the exclusive jurisdiction of the Jersey courts.

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Data Protection and GDPR Compliance

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Data Protection Legislation

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For the purposes of this Agreement, “Data Protection Legislation” means the Data Protection (Jersey) Law 2018, the UK GDPR as applied in Jersey, and any associated or successor legislation, together with guidance issued by the Jersey Office of the Information Commissioner (JOIC).

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Our Role

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Channel Property Consultants Ltd (Channel PC Ltd) acts as a Data Controller in respect of personal data processed in connection with our services, unless expressly agreed otherwise in writing.

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Processing of Personal Data

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We will process personal data only where necessary to:

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• Provide the services you have instructed us to carry out

• Comply with our legal and regulatory obligations

• Pursue our legitimate business interests, where such interests do not override your rights and freedoms

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Personal data may be provided to us directly by you, by third parties acting on your behalf, or generated in the course of delivering our services.

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Categories of Data

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The personal data we process may include, but is not limited to:

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• Names, addresses, email addresses and telephone numbers

• Identification and verification information (including KYC documentation)

• Financial and billing information

• Property ownership or occupancy details

• Correspondence and records relating to our instructions

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Data Sharing

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Where necessary to deliver our services or comply with legal obligations, we may share personal data with third parties including (but not limited to):

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• Lawyers, conveyancers and notaries

• Managing agents, landlords or tenants

• Contractors, consultants and specialist advisers

• Regulatory or statutory bodies

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We will only share data that is relevant and necessary for the specific purpose and will take reasonable steps to ensure appropriate safeguards are in place.

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Data Storage and Security

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We take appropriate technical and organisational measures to protect personal data against unauthorised access, loss, alteration or disclosure.

 

Personal data will be retained only for as long as necessary to fulfil the purposes for which it was collected, including compliance with legal, regulatory, tax and professional obligations.

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Use of Third-Party Service Providers

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We may use third-party service providers (including cloud-based and electronic systems) to assist with data processing and storage. Where we do so, we will ensure that such providers are subject to appropriate contractual and security obligations consistent with Data Protection Legislation.

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By entering into this Agreement, you consent to such processing where required for the performance of our services.