Term and Conditions
1. Contract Formation and Validity
- Contract Initiation: The service contract between THQC LIMITED and the client commences when the client accepts our written quotation, which includes a detailed breakdown of services, costs, timelines, and specifications. Acceptance can be provided via signed written agreement, electronic signature, or explicit written confirmation (e.g., email) acknowledging agreement to the quotation terms.
- Contractual Requirements: All contracts must be in writing to be legally binding. Oral agreements or understandings will not be recognized as part of the contract, unless subsequently confirmed in writing by both parties. The contract shall specify the project scope, deliverables, payment terms, intellectual property rights, and dispute resolution mechanisms.
2. Service Provision
- Service Scope and Standards: THQC LIMITED will provide construction services in strict accordance with the specifications outlined in the contract, including but not limited to architectural plans, engineering requirements, building codes, and industry best practices. We will assign a dedicated project manager who will oversee the project from initiation to completion, ensuring all work is carried out safely, efficiently, and to the highest quality standards.
- Project Schedule: A detailed project schedule, including key milestones and completion dates, will be provided in the contract. We reserve the right to adjust the schedule due to unforeseen circumstances such as force majeure events (e.g., natural disasters, strikes), regulatory changes, or unanticipated site conditions. In such cases, we will notify the client as soon as possible and work together to develop a revised schedule that minimizes disruption.
3. Payment Terms
- Payment Schedule: The client is required to make payments in accordance with the agreed – upon schedule, typically consisting of an initial deposit (usually 30% of the total contract value) upon contract signing, progress payments at predefined milestones (e.g., completion of foundation, framing, finishing), and a final payment (usually 10% of the total contract value) upon project completion and satisfactory acceptance inspection.
- Payment Methods: Accepted payment methods include bank transfer, business check, or other methods approved by both parties in writing. All payments should be made in British Pounds (GBP).
- Overdue Payments: If a payment is not received by the due date, a late fee of 0.5% of the outstanding amount will be charged for each day of delay, up to a maximum of 10% of the total contract value. If the payment remains overdue for more than 14 days, THQC LIMITED reserves the right to suspend work on the project until the outstanding amount, including late fees, is paid in full. In case of prolonged non – payment, we may terminate the contract in accordance with the termination clause and pursue legal action to recover the outstanding funds.
4. Intellectual Property Rights
- Ownership: All intellectual property rights, including but not limited to architectural designs, engineering drawings, technical specifications, and project – specific software developed by THQC LIMITED during the course of the project, remain the exclusive property of THQC LIMITED.
- License Grant: The client is granted a non – exclusive, non – transferable license to use the intellectual property solely for the purposes of the project for which it was created. Any use of the intellectual property beyond the scope of the project, including for other projects, commercial exploitation, or sharing with third parties, requires prior written consent from THQC LIMITED and may be subject to additional licensing fees.
5. Rights and Obligations of Both Parties
- THQC LIMITED’s Obligations:
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- We will provide all labor, materials, equipment, and services required to complete the project in accordance with the contract.
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- Ensure that all work is carried out in compliance with relevant health and safety regulations, building codes, and environmental standards.
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- Indemnify and hold the client harmless from any claims, losses, damages, or liabilities arising from our negligence or breach of contract during the project.
- Client’s Obligations:
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- Provide accurate and complete information regarding the project requirements, including site access, utilities information, and any regulatory approvals required.
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- Make payments in accordance with the agreed – upon payment schedule.
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- Cooperate fully with THQC LIMITED during the project, including providing timely responses to requests for information or decisions, and facilitating access to the project site for inspections and work.
6. Contract Modification and Termination
- Modifications: Any changes to the contract, including but not limited to scope of work, schedule, or payment terms, must be agreed upon in writing by both parties. A change order will be issued detailing the modifications, along with any associated adjustments to the contract price and schedule.
- Termination by Agreement: Either party may terminate the contract by mutual written agreement. In such cases, both parties will work together to settle any outstanding payments, liabilities, and responsibilities, and THQC LIMITED will provide the client with a final report on the status of the project.
- Termination for Breach: If either party materially breaches the contract (e.g., failure to make payments, failure to perform services as required), the non – breaching party may give written notice of the breach and a 7 – day period to cure the breach. If the breach is not cured within this period, the non – breaching party has the right to terminate the contract. In case of termination for breach, the breaching party will be liable for any damages suffered by the non – breaching party, including but not limited to lost profits, costs of rework, and legal fees.
- Termination due to Force Majeure: If the performance of the contract is prevented or delayed by a force majeure event (e.g., natural disasters, war, government lockdowns), either party may terminate the contract by giving written notice to the other party. In such cases, both parties will be released from their obligations under the contract, except for any obligations that have already accrued prior to the occurrence of the force majeure event.
7. Dispute Resolution
- Negotiation: In the event of a dispute arising out of or in connection with the contract, the parties will first attempt to resolve the dispute through friendly negotiation within 14 days of the dispute being notified.
- Mediation: If negotiation fails, the parties agree to submit the dispute to mediation by an independent mediator approved by both parties. The mediation process will be conducted in accordance with the rules of the [relevant mediation institution], and the costs of mediation will be shared equally by the parties, unless otherwise agreed.
- Arbitration: If mediation does not result in a settlement, the dispute will be submitted to arbitration in accordance with the Arbitration Act 1996 of the United Kingdom. The arbitration will be conducted by a sole arbitrator appointed by mutual agreement of the parties, or if no agreement can be reached, by the The London Court. The language of the arbitration will be English, and the place of arbitration will be London, UK. The award of the arbitrator will be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction.
8. General Provisions
- Entire Agreement: These terms and conditions, together with the contract documents, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written.
- Severability: If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will in no way be affected or impaired.
- Waiver: No waiver by either party of any breach of these terms and conditions will be deemed a waiver of any subsequent breach.
- Amendments and Updates: THQC LIMITED reserves the right to amend or update these terms and conditions at any time. Revised terms will be posted on our website and notified to the client via email. Continued use of our services after the posting of the revised terms constitutes acceptance of the updated terms.