TERMS AND CONDITIONS
OF SERVICE
(Effective February 2026)
For: Damp Surveyor Near Me (a trading name of Prime Building Care Ltd)
Company No: 15607576 | Registered Office: 113 Romford Road, London, England, E15 4LY
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context requires otherwise:
“Company”, “we”, “our”, “us” refers to Prime Building Care Ltd trading as “Damp Surveyor Near Me”.
“Client”, “you” means the individual or entity instructing us.
“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
“Business Client” means any Client that is not a Consumer.
“Service(s)” refers to the services described in these Terms and your booking/quotation, including surveys, Homebuyer Surveys, damp/timber/mould investigations, virtual assessments, and triage.
“Property” means the premises to be inspected as stated in the booking/quotation.
“Inspection” means the survey/assessment we carry out (virtual or in-person) as part of the Service.
“Deliverables” means the outputs we agree to provide (e.g., report, summary, findings, recommendations).
“Report” means any written/digital document or professional opinion delivered by us.
“Contract” means the legally binding agreement incorporating these Terms, your booking/quotation, and any agreed written variations.
“Business Day” means any day other than a Saturday, Sunday, or public holiday in England.
“Homebuyer Survey” means our home condition inspection product described in the Homebuyers Survey landing page and is not a “RICS Home Survey”.
1.2 Headings are for convenience only and do not affect interpretation.
2. FORMATION OF CONTRACT
2.1 A legally binding Contract is formed when you accept our quotation, book a slot via our booking platform, or proceed with payment.
2.2 These Terms apply to the Contract. Where you are a Business Client, these Terms apply to the exclusion of any other terms you may seek to impose.
2.3 Any quotation is valid for 30 days from the date of issue unless stated otherwise.
3. SCOPE OF SERVICE & INDEPENDENCE
3.1 Independence / diagnostic-only service: We provide independent diagnostic services and reporting. We do not undertake remedial or repair works as part of the Damp Surveyor Near Me Service.
3.2 Recommendations and remedial works: Where we recommend a contractor (which may include Prime Building Care Ltd or others), you are under no obligation to use them. Any remedial contract is strictly between you and the appointed contractor, on that contractor’s own terms.
3.3 Referrals / transparency: Unless disclosed to you in writing before you appoint a contractor, we do not receive referral fees or commissions for recommending third parties. If any commercial relationship or benefit applies, we will disclose this in writing.
3.4 Standards: We deliver Services using reasonable skill and care and in line with generally accepted industry practice and relevant guidance applicable to the Service booked, as described in your quotation/booking confirmation.
3.5 End of appointment: Our appointment ends when we deliver the agreed Deliverables for the booked Service. Any re-inspection, additional testing, liaison, or further Deliverables require a new written instruction and may incur additional fees.
3.6 Qualifications and RICS reference: Our surveyors hold RICS-accredited university degrees. The Company is not regulated by RICS, and the Homebuyer Survey is not a RICS Home Survey. Where relevant to the Service booked, we deliver Services with reference to applicable RICS guidance.
4. PRELIMINARY TRIAGE (WHATSAPP/MESSAGING)
4.1 Free messaging triage is provided as informal, preliminary guidance based on limited information you choose to share.
4.2 Triage is not a formal diagnosis, is not a survey/inspection, and is not suitable for reliance as a professional opinion. A professional opinion requires a formal virtual or in-person Inspection.
4.3 We are not responsible for outcomes where decisions are taken solely on triage communications without a booked Inspection and agreed Deliverables, to the extent permitted by law.
5. VIRTUAL SURVEYS
5.1 Virtual surveys rely on live video and/or Client-supplied media. Remote assessment has inherent limitations and generally cannot utilise physical diagnostic tools and access methods (e.g., carbide testing, sub-floor inspection, opening-up).
5.2 Our opinions are based only on what is visible and disclosed during the virtual process. We are not responsible for limitations or inaccuracies caused by poor image quality, restricted visibility, hidden defects, access restrictions, or inaccurate/misleading information provided by the Client.
5.3 Where limitations materially affect reliability, we may recommend escalation to an in-person Inspection.
6. IN-PERSON SURVEYS & ACCESS
6.1 Non-invasive by default: Inspections are visual and non-destructive unless agreed in writing. We will not lift carpets, move heavy furniture, remove panels/finishes, or carry out opening-up unless expressly agreed in writing.
6.2 Additional intrusive actions: Where any intrusive actions are agreed, you may be required to confirm acceptance in writing of any associated risks (including making-good/reinstatement responsibilities) before we proceed.
6.3 Safe access: You must ensure safe, clear, and lawful access to the Property (including permissions from occupiers/agents where relevant) at the agreed time.
6.4 Abortive visits / right to terminate: If we cannot gain access, or if the site is unsafe or unsuitable to proceed (including but not limited to aggressive occupants/pets, suspected asbestos without safe controls, hazardous conditions, structural instability, or illegal/unsafe access), we may terminate the visit.
6.5 Abortive visit charges: If clause 6.4 applies, we may charge a fee reflecting our reasonable time and costs for the reserved slot and attendance (which may be up to 100% of the Service fee where a full appointment has been allocated). Any rescheduled visit is chargeable unless we agree otherwise in writing.
7. FEES AND PAYMENT TERMS
7.1 Payment timing: Payment is due in full at the time of booking unless otherwise agreed in writing.
7.2 Report withholding: We reserve the right to withhold the Report and/or Deliverables until cleared funds are received.
7.3 Late payment (Business Clients): For Business Clients, we may charge interest on overdue amounts at 8% above the Bank of England base rate per annum, calculated daily, together with reasonable recovery costs where permitted by law.
8. CANCELLATIONS & CONSUMER RIGHTS
8.1 Standard cancellation (all Clients): If you cancel or reschedule, we may retain/charge an amount that reflects our reasonable losses and costs (including reserved time, administration, and travel/attendance where applicable). Our standard charges are:
More than 3 Business Days before the appointment: full refund less a £30 admin fee.
Within 3 Business Days: we may retain up to 75% of the fee.
Within 24 hours or no-show: we may retain up to 100% of the fee.
8.2 Consumer cooling-off (distance bookings): If you are a Consumer booking remotely, you generally have a right to cancel within 14 days of booking under the Consumer Contracts Regulations.
8.3 Request to start within 14 days: If you request a survey date within the 14-day period, you acknowledge you are requesting the Service to start during the cooling-off period. If you cancel after the Service has started, you may be required to pay a proportionate amount for the Service performed. Once the Service has been fully performed, your right to cancel may be lost.
8.4 Nothing in this clause 8 limits any mandatory Consumer rights that cannot be excluded.
9. LIMITATION OF LIABILITY (IMPORTANT)
9.1 Our liability cap (Consumer + Business): Subject to clause 9.4, our total aggregate liability (whether in contract, tort, negligence, or breach of statutory duty) arising out of or in connection with the Service shall be limited to £250,000.
9.2 Consequential loss (Business Clients): For Business Clients only, we shall not be liable for loss of profit, loss of business, loss of goodwill, or any indirect or consequential economic loss.
9.3 Notification of claims: Any claim must be notified to us in writing as soon as reasonably practicable and in any event within 6 years of the date of the Report (or, if no Report is issued, within 6 years of the Inspection date). This clause 9.3 is a notification requirement and does not affect statutory limitation periods.
9.4 Non-excludable liability: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited. Nothing in these Terms limits your statutory rights as a Consumer.
10. THIRD-PARTY RELIANCE
10.1 The Report is provided solely for the named Client and the specific purpose for which it was commissioned. We owe no duty of care to third parties (e.g., lenders, subsequent purchasers) unless agreed in writing.
10.2 Third-party reliance may be granted via a formal Letter of Reliance, subject to our consent, conditions, and a potential additional fee.
11. DATA PROTECTION & RETENTION
11.1 We process personal data in accordance with UK GDPR and the Data Protection Act 2018.
11.2 Retention: We retain survey data, site notes, and Reports for up to 15 years where reasonably necessary for professional record-keeping, insurance requirements, and the management/defence of claims and disputes. We may retain certain records longer where required by law.
11.3 We may use third-party service providers (e.g., booking systems, email, cloud storage, payment processors) to deliver and administer Services. Where so, they act as processors/service providers and are required to protect personal data.
12. INTELLECTUAL PROPERTY
12.1 All intellectual property rights in the Report and Deliverables (including photographs taken by the surveyor) remain vested in the Company.
12.2 The Client is granted a non-exclusive licence to use the Report for the specific purpose for which it was commissioned.
13. COMPLAINTS HANDLING & ADR
13.1 We operate a formal Complaints Handling Procedure (CHP). A copy is available upon request.
13.2 If a dispute cannot be resolved, it may be referred to an independent Alternative Dispute Resolution (ADR) provider, such as the Centre for Effective Dispute Resolution (CEDR) or another agreed provider.
14. FORCE MAJEURE
14.1 We are not liable for delays caused by events beyond our reasonable control (including extreme weather, fuel shortages, pandemics, or transport disruption). We will offer a rescheduled date as the primary remedy.
15. GOVERNING LAW
15.1 This Contract and any non-contractual obligations arising from it are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
