Terms and Conditions of Business
Effective Date: 24 April 2026
These Terms and Conditions govern the provision of professional consultancy services by Gill & Joiner Access Ltd (Company No. 17093613) to its clients. By accepting a quotation or instructing us to proceed, you agree to be bound by these Terms.
- Section 01
Introduction and Definitions
- These Terms and Conditions ("Terms") govern the provision of professional consultancy services by Gill & Joiner Access Ltd (Company No. 17093613) ("the Company", "we", "us", "our") to clients ("the Client", "you", "your").
- The Company provides specialist scaffold estimating, access planning, and construction coordination services to contractors, developers, and construction industry professionals.
- In these Terms, the following definitions apply:
- "Services" means any professional consultancy services provided by the Company as outlined in Section 2;
- "Engagement" means the agreement between the Company and the Client for the provision of Services;
- "Deliverables" means any reports, estimates, drawings, advice, or other work product provided by the Company;
- "Fee" means the amount payable by the Client for the Services as set out in the quotation or agreement;
- "Working Day" means Monday to Friday, excluding public holidays in England and Wales.
- These Terms apply to all Services provided by the Company unless expressly varied in writing and signed by a director of the Company.
- Section 02
Scope of Services
- The Company provides the following professional consultancy services:
- Scaffold Tender Review – independent review of scaffold quotations, drawings, and scope;
- Scaffold Quantity Take-Off – preparation of scaffold quantities from project drawings;
- Budget Scaffold Estimate – preparation of budget estimates for tender submissions;
- Access Strategy Review – review and planning of scaffold and access arrangements;
- Tender Package Review – comprehensive review of scaffold tender packages;
- Trade Access Coordination – coordination of access requirements across multiple trades;
- Hoist Coordination & Pricing Review – advice on hoist requirements and supplier quotations;
- Local Authority & Pavement Licence Advice – support with licences and permissions;
- Scaffold Variation Review – assessment of scaffold variations and commercial claims;
- Scaffold Final Account Review – review of final accounts and scope disputes;
- Day Rate Consultancy Support – on-site or office-based consultancy;
- Retained Contractor Support – ongoing monthly consultancy support package.
- All Services are provided on a consultancy basis and do not constitute design services, structural engineering, or certification unless expressly agreed in writing.
- The Company operates as an independent consultant and does not provide scaffolding contracting, installation, or inspection services.
- A minimum engagement fee of £350 applies to individual instructions unless otherwise agreed in writing.
- Section 03
Engagement and Quotations
- The Client may request Services by providing the Company with sufficient project information to enable a quotation to be prepared.
- The Company will provide a written quotation setting out:
- The scope of Services to be provided;
- The Fee and payment terms;
- The anticipated delivery timescale;
- Any specific assumptions, exclusions, or limitations.
- Quotations are valid for 30 days from the date of issue unless otherwise stated.
- An Engagement commences when:
- The Client accepts the quotation in writing (including by email); or
- The Client instructs the Company to proceed with the Services; or
- The Company commences work at the Client's request.
- Acceptance of a quotation or instruction to proceed constitutes the Client's agreement to be bound by these Terms.
- The Company reserves the right to decline any instruction or Engagement at its sole discretion.
- Section 04
Fees and Payment Terms
- The Client shall pay the Fee as set out in the quotation or as otherwise agreed in writing.
- Typical fee ranges for Services are as follows:
- Scaffold Tender Review: £350 – £750
- Scaffold Quantity Take-Off: £300 – £600
- Budget Scaffold Estimate: £400 – £900
- Access Strategy Review: £500 – £1,500
- Tender Package Review: £750 – £1,500
- Trade Access Coordination: £350 – £750
- Hoist Coordination & Pricing Review: £300 – £600
- Local Authority & Pavement Licence Advice: £350 – £650
- Scaffold Variation Review: £1,000 – £3,000
- Scaffold Final Account Review: £1,500 – £5,000
- Consultancy Support (day rate): £550 per day
- Retained Contractor Support: £2,000 – £3,000 per month
- The actual Fee charged will depend on project size, complexity, and the level of support required.
- Payment Terms — Local Authority & Pavement Licence Advice services:
- Payment is required in full and in advance before the Company commences work;
- No work will be undertaken until cleared funds are received;
- The Company will issue an invoice upon acceptance of the quotation;
- Work will commence only after payment has been received and cleared.
- Payment Terms — all other Services:
- Payment terms are 30 days from the date of invoice;
- Invoices will be issued upon completion of the Services or at agreed milestones;
- Time for payment is of the essence.
- Payment Terms — Retained Contractor Support packages:
- Invoices will be issued monthly in advance;
- Payment is due within 30 days of invoice date;
- Any time used in excess of the monthly allowance will be invoiced separately at the agreed consultancy rate.
- All Fees are exclusive of Value Added Tax (VAT), which will be charged at the applicable rate.
- The Client shall pay all invoices in full without any set-off, counterclaim, deduction, or withholding except as required by law.
- If payment is not received by the due date:
- The Company reserves the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate from time to time, accruing daily from the due date until payment is received;
- The Company may suspend provision of any ongoing Services until payment is received;
- The Company may withhold delivery of Deliverables until payment is received;
- The Company may exercise its rights under the Late Payment of Commercial Debts (Interest) Act 1998.
- The Client shall reimburse the Company for any reasonable expenses incurred in the provision of Services, including but not limited to travel, accommodation, printing, and third-party fees, provided such expenses have been agreed in advance.
- The Company reserves the right to increase Fees on an annual basis in line with inflation or by giving 30 days' written notice to the Client.
- Section 05
Intellectual Property
- All intellectual property rights in the Deliverables, including but not limited to reports, estimates, drawings, specifications, and advice, shall remain the property of the Company until the Fee has been paid in full.
- Upon receipt of payment in full, the Company grants to the Client a non-exclusive, non-transferable licence to use the Deliverables solely for the purpose of the project for which they were commissioned.
- The Client shall not:
- Use the Deliverables for any purpose other than the specific project for which they were commissioned;
- Reproduce, distribute, or disclose the Deliverables to any third party without the Company's prior written consent;
- Modify, adapt, or create derivative works based on the Deliverables;
- Remove or alter any copyright notice or proprietary marking on the Deliverables.
- The Client acknowledges that the methodologies, processes, and expertise used by the Company in providing the Services constitute the Company's confidential information and trade secrets.
- Nothing in these Terms transfers ownership of any pre-existing intellectual property rights of the Company to the Client.
- Section 06
Liability and Indemnity
- The Company shall perform the Services with reasonable skill and care and in accordance with generally accepted professional standards.
- The Services are provided on a consultancy and advisory basis only. The Client acknowledges that:
- The Company does not provide design, structural engineering, or certification services;
- Any estimates, quantities, or advice provided are based on the information supplied by the Client;
- The Client remains responsible for all final decisions regarding scaffold procurement, installation, and compliance;
- The Client must verify all information and seek appropriate specialist advice where necessary.
- The Company's total liability to the Client in respect of any Engagement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fee paid or payable for that specific Engagement.
- The Company shall not be liable for:
- Any indirect, consequential, or economic losses, including but not limited to loss of profit, loss of business, loss of revenue, or loss of opportunity;
- Any losses arising from inaccurate, incomplete, or late information provided by the Client or third parties;
- Any losses arising from decisions made by the Client based on the Company's advice;
- Any losses arising from the Client's failure to follow the Company's recommendations.
- Nothing in these Terms shall exclude or limit the Company's liability for:
- Death or personal injury caused by the Company's negligence;
- Fraud or fraudulent misrepresentation;
- Any other liability that cannot be excluded or limited by law.
- The Client shall indemnify and hold harmless the Company, its directors, employees, and agents against all claims, costs, damages, and expenses arising from:
- The Client's use or misuse of the Deliverables;
- The Client's failure to provide accurate, complete, or timely information;
- Any breach of these Terms by the Client;
- Any claim by a third party arising from the Client's use of the Services or Deliverables.
- The Company maintains professional indemnity insurance. Details of cover are available upon request.
- Any claim against the Company must be notified in writing within 6 months of the Client becoming aware (or ought reasonably to have become aware) of the circumstances giving rise to the claim.
- Section 07
Confidentiality
- Both parties undertake to keep confidential all information received from the other party in connection with the Engagement that is either:
- Marked as confidential; or
- Would reasonably be considered confidential by a reasonable person.
- Confidential information may be disclosed:
- To employees, professional advisers, or subcontractors who need to know the information for the purposes of the Engagement, provided they are bound by confidentiality obligations;
- As required by law or by a court of competent jurisdiction;
- To the extent the information is already in the public domain through no fault of the receiving party.
- The Client acknowledges that the Company may use anonymised project information and case studies for marketing and business development purposes, provided that no client-identifying information is disclosed without prior written consent.
- The obligations in this Section shall survive termination of the Engagement and continue for a period of 5 years.
- Section 08
Termination
- Either party may terminate an Engagement by giving 14 days' written notice to the other party.
- The Company may terminate an Engagement immediately by written notice if:
- The Client fails to pay any invoice within 30 days of the due date;
- The Client breaches any material term of these Terms and fails to remedy the breach within 14 days of written notice;
- The Client becomes insolvent, enters administration, or makes any arrangement with creditors;
- The Client's conduct makes it unreasonable for the Company to continue providing the Services.
- The Client may terminate an Engagement immediately by written notice if the Company breaches any material term of these Terms and fails to remedy the breach within 14 days of written notice.
- Upon termination:
- The Client shall immediately pay all outstanding Fees for Services provided up to the date of termination;
- The Company shall deliver any completed Deliverables to the Client upon receipt of payment;
- The Company may retain any Deliverables until all outstanding Fees are paid;
- Any provisions intended to survive termination (including confidentiality, intellectual property, and payment obligations) shall remain in full force and effect.
- Termination shall not affect any rights or obligations that have accrued prior to the date of termination.
- Section 09
Professional Standards
- The Company undertakes to provide all Services in accordance with applicable professional standards and codes of conduct.
- The Company operates independently and provides impartial advice based on professional expertise and experience in the scaffolding and construction industry.
- Where the Company identifies a conflict of interest or potential conflict of interest, it will notify the Client immediately and discuss appropriate measures.
- The Company may engage subcontractors or specialist consultants to assist in the provision of Services, provided that:
- The Company remains responsible for the quality and delivery of the Services;
- All subcontractors are bound by equivalent confidentiality and professional standards;
- The Client is notified if significant elements of the Services are to be subcontracted.
- The Client shall provide the Company with:
- Accurate, complete, and timely information necessary for the provision of Services;
- Reasonable access to personnel, documentation, and site facilities as required;
- Prompt responses to queries and requests for clarification.
- The Company is not responsible for delays or inability to perform Services caused by the Client's failure to provide necessary information or cooperation.
- Section 10
Data Protection
- Both parties shall comply with their respective obligations under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
- The Company processes personal data in accordance with its Privacy Policy, available at www.gillandjoineraccess.co.uk or upon request.
- The Company will process personal data provided by the Client only for the purposes of providing the Services and in accordance with the Client's instructions.
- Where the Company processes personal data as a data processor on behalf of the Client:
- The Company will implement appropriate technical and organisational security measures;
- The Company will not transfer personal data outside the UK without the Client's prior written consent;
- The Company will assist the Client in responding to data subject requests and regulatory enquiries;
- The Company will notify the Client immediately of any personal data breach.
- The Client warrants that it has obtained all necessary consents and provided all required notices to enable the Company to process personal data in connection with the Services.
- The Company retains personal data only for as long as necessary for the purposes of the Services or as required by law.
- Section 11
Dispute Resolution
- If a dispute arises between the parties in connection with these Terms or the Services, the parties shall first attempt to resolve the matter through good faith negotiations.
- If the dispute cannot be resolved through negotiation within 14 days, either party may refer the matter to mediation by a mediator agreed between the parties or, in the absence of agreement, appointed by the Centre for Effective Dispute Resolution (CEDR).
- The costs of mediation shall be shared equally between the parties unless otherwise agreed or determined by the mediator.
- If the dispute is not resolved through mediation within 60 days of the mediator's appointment, either party may commence legal proceedings.
- Nothing in this Section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
- Section 12
General Terms
- Entire Agreement: These Terms, together with any quotation or written agreement, constitute the entire agreement between the parties and supersede all previous agreements, understandings, and representations.
- Variation: No variation of these Terms shall be effective unless made in writing and signed by authorised representatives of both parties.
- Assignment: The Client may not assign, transfer, or subcontract any rights or obligations under these Terms without the Company's prior written consent. The Company may assign or subcontract its rights and obligations as set out in Section 9.4.
- Waiver: No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Force Majeure: Neither party shall be liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, or government restrictions.
- Third Party Rights: No third party shall have any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.
- Notices: Any notice required under these Terms shall be in writing and delivered by email or registered post to the addresses set out in the quotation or agreement. Notices sent by email shall be deemed received on the Working Day of transmission. Notices sent by post shall be deemed received 3 Working Days after posting.
- Governing Law: These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales.
- Jurisdiction: The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor.
- Anti-Bribery and Corruption: Both parties undertake to comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010. Neither party shall engage in any activity that would constitute an offence under such laws.
GILL & JOINER ACCESS LTD
Company Registration Number: 17093613
Registered Office: Silver Rose 21, East Lodge Village, East Lodge Lane, Enfield, England, EN2 8AS
Directors: Raymond Gill | Tanya Joiner
Contact:
- Tel: 07789 777742 (Raymond Gill) | 07949 989701 (Tanya Joiner)
These Terms and Conditions are effective as of 24 April 2026 and supersede all previous versions. For any queries regarding these Terms, please contact Raymond Gill or Tanya Joiner using the contact details above.