Terms and Privacy Policy

Terms and Privacy Policy

1. The Agreement, the Parties and the Services
This Agreement is a contract for supply of services between the following Parties:

  1. The Client, to whom the proposal (“the Proposal”) is addressed and who may have provided the brief or terms of reference incorporated in the Proposal, and
  2. Horizon M & E Services Design Ltd, Company Registration No. 436356 who submitted the Proposal and whose principal office is situated at 48 Dunvegan Avenue, Kirkcaldy, KY2 5TG (“the Consultant”).

The Agreement includes these Terms of Agreement and the Proposal and constitutes the entire agreement between the Parties, supersedes any previous agreements between the Parties and applies to the services specified in the Proposal and any other services carried or to be carried out by the Consultant (“the Services”) relative to the project which is the subject matter of the Proposal (“the Project”) unless otherwise agreed in writing.

Unless notified in writing at the time of instructing the Consultant to proceed with the Services that the terms contained in this Agreement are not acceptable the Consultant reserves the right to assume that the Client accepts this Agreement and the terms contained therein these without qualification.

2. Consultant’s Obligations
The Consultant has exercised and will continue to exercise in relation to the performance of the Services all the skill and care reasonably to be expected of an appropriately qualified and competent professional consultant experienced in performing the same services which the Consultant is obliged to perform pursuant to this Agreement. The Consultant shall use reasonable endeavours to perform the Services in accordance with any programme agreed with Consultant from time to time. The Consultant shall have no liability for any failure or delay in the provision of the Services or any part thereof resulting from any condition or circumstance beyond the reasonable control of the Consultant and the Client shall pay the Consultant in accordance with clause 12 during the persistence of such a condition or circumstance.

3. Third Party Rights
Save as expressly stated in clause 13 nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement pursuant to the Contracts (Right of Third Parties) Act 1999.

4. Assignation and Sub-Letting
Neither Party shall assign or otherwise transfer any obligation or benefit under this Agreement without the prior written consent of the other Party which consent shall not unreasonably be delayed or withheld. Assignation shall be by absolute legal assignment only and only to a Party taking on the entire role of the Consultant or Client as the case may be in relation to the Project.

The Consultant may subcontract the Services and take responsibility for the sub-consultant. The Consultant may also recommend that detailed design of any part of the Project be carried out by a contractor/sub-contractor. The Consultant shall examine such design but shall not be responsible for it.

5. Collateral Warranties
Collateral warranties for the benefit of third parties and in respect of the entire project shall not be provided unless by agreement and additional payment. Such warranties shall be in the CIC’s relevant standard form or such other form as agreed with the Consultant, provided that such form shall not give any greater benefit to those to whom they are issued in quantum, duration or otherwise than is given to the Client under the terms of this Agreement. It shall be a condition of such collateral warranties that all fees due to the Consultant at the date of execution of the collateral warranty have been paid.

6. Documentation
Insofar as the copyright therein vests in the Consultant and subject to the payment of any fees properly due under this Agreement, the Consultant hereby grants to the Client a non-exclusive, royalty free licence to use the drawings and other documents (“the Documents”) produced by the Consultant in connection with the Services for the purposes described in (or reasonably to be inferred from) this Agreement. The Consultant shall not be liable for any use made of the documents other than that for which the same were prepared by or on behalf of the Consultant.

Each Party shall maintain the confidentiality of any documents and other information received from the other Party which are confidential. Such recipient shall not release or disclose such documents or information, or permit release or disclosure, except as authorised by the other Party for the purposes of carrying out its obligations pursuant to this Agreement or as obliged to do so by law.

7. Obligations of the Client
The Client warrants that it has the right to have the Services performed, and has obtained the necessary licences and approvals. The Client shall indemnify and hold harmless the Consultant from and against all consequences of any failure in this respect. The Client shall arrange such rights of access to the property and use of the Client’s facilities as described in (or reasonably inferred from) this Agreement. The Client shall use reasonable endeavours to supply to the Consultant, promptly and free of charge:

  1. any instructions, decisions, consents and approvals, and
  2. any relevant data and information in the possession of the Client or any of his agents, consultants, or contractors which the Consultant may require in order to carry out the Services.


8. Site Operations
The Consultant in making such site visit(s) as may be agreed as part of the Services shall be the Client’s visitor. The Consultant shall not be deemed to have assumed the role of the occupier or otherwise to have assumed control or responsibility for the site or personnel on it. The Client shall notify any other consultants and contractors on the site (other than the Consultant’s sub-consultants):

  1. of the presence of the Consultant’s personnel; and
  2. of the extent (if any) to which the Consultant is authorised to direct/or supervise their work; and
  3. that the presence (or otherwise) of the Consultant’s personnel does not relieve them of their responsibilities including safety and their obligations under their respective contracts and agreements.

The Consultant shall take reasonable precautions and use reasonable endeavours to minimise damage to property, including utilities and other sub-surface obstructions. If notwithstanding such precautions and endeavours, any such property is damaged, the cost of rectification and all other losses shall be borne by the Client.

9. Estimates, Forecasts and Opinions of Cost
In the event that the Consultant or his personnel provides any indication of the cost of future work by the Consultant, such indications shall not constitute the offer of a fixed fee for the work, except in the case of a written proposal or quotation being provided by the Consultant and accepted in writing by the Client.

In the event that the Consultant or his personnel provides any indication of the cost of future work by others, such as for construction or remedial work, such indications shall not be deemed to guarantee that a contractor will be willing to execute the work at such a cost. The Consultant shall use reasonable skill and care in preparing realistic opinions and estimates which indicate the order of magnitude of future costs. The Client acknowledges that the actual cost of such work will be affected by many factors beyond the Consultant’s control and/or predictability.

10. Remuneration
The Client shall pay the Consultant for the Services. Unless otherwise agreed:

  1. Payments of any lump sum fee shall be in equal monthly instalments or as may be detailed in the Proposal but if no lump sum fee is agreed shall be on a time basis in accordance with the hourly rates detailed in the Proposal or subsequently agreed.
  2. All payments of fees shall be made monthly in arrears
  3. If the project cost rises then the total fees will be recalculated

Amounts quoted in this agreement exclude any Value Added Tax (“VAT”) payable under the law.

11. Additional Remuneration
If the Consultant has to carry out additional work and/or suffers delay or disruption in the performance of the Services including, without limitation, where the Project is varied by the Client (including changes to the Client’s brief whether as a result of the planning process or otherwise) or because additional services are performed by agreement with the Client or because of any delay by the Client in fulfilling their obligations or in taking steps necessary for the execution of the Project or because the Consultant is delayed by others (or by events which were not reasonably foreseeable) or because of other reasons beyond the control of the Consultant then the Client shall make an additional payment to the Consultant in respect of the additional work carried out and additional resources employed (unless and to the extent that the additional work has been occasioned by the failure of the Consultant to exercise reasonable skill and care) and/or the delay or disruption suffered on the basis of time-based fees as set out in clause 9 unless otherwise agreed.

12. Payment Procedure
The Client shall pay the Consultant each amount invoiced including VAT where applicable subject to correction of any error. If any part of an invoice is not agreed the Client shall promptly pay the other parts(s). If the amount invoiced, subject to any deductions which the Client was entitled to make, is not received by the Consultant within thirty days of the date on which the Consultant issued the invoice, the Client shall also pay to the Consultant interest compounded monthly at a rate equivalent to 4% per annum above the base lending rate of the Bank of Scotland.

13. Termination and Delay
Either Party may give 14 days written notice of termination to the other Party (without prejudice to either party’s right to terminate immediately in the event of insolvency of the other party). Payment to the Consultant in the event of termination shall comprise payments due for such Services carried out up to and including the date of termination together with any disbursements due under clause 9 hereof, the costs for repatriation (if any) and of any commitments entered into by the Consultant on the assumption that this Agreement would run its full course. Payment to the Consultant during the persistence of any delay for reasons beyond the reasonable control of the Consultant shall be all payments due pursuant to clause 9 hereof.

Termination of the Consultant’s appointment under this Agreement shall not prejudice or affect the accrued rights or claims of either Party to this Agreement.

14. Professional Liability
Notwithstanding any other provisions of this Agreement, the total liability in aggregate of the Consultant under or in connection with this Agreement, whether in contract or in tort, in negligence or for breach of statutory duty or otherwise (other than in respect of death or personal injury) shall not exceed the payments made pursuant to clause 9 hereof due under this Agreement.

The liability of the Consultant hereunder for any claim or claims shall be further limited to such sum as the Consultant ought reasonably to pay having regard to his responsibility for the loss and damage suffered and on the basis that:

  1. all consultants and all other parties providing design management or financial services or labour or materials plant or equipment for incorporation in the project or executing the Project or any part thereof shall be deemed to have provided contractual undertakings on terms no less onerous than that set out in clause 2 of this Agreement to the Client (whether or not they have been so provided to the Client) in respect of the provision of their services or labour or materials or plant or equipment in respect of executing the Project or any part thereof; and
  2. there are no limitations on liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause; and
  3. all such other consultants and all such contractors and sub-contractors have paid to the Client such proportion which it would be just and equitable for them to pay having regard to the extent of their responsibility.

The Client shall indemnify and hold harmless the Consultant from and against any claims liabilities costs and expenses in excess of the limit calculated as aforesaid. The Consultant shall not be liable (whether in contract, delict, or otherwise) for any indirect or consequential loss or for any loss of profit, use, anticipated savings, goodwill, reputation or business.

Save in respect of death or personal injury, the Client will only look to the Consultant (and not to any individual engaged by the Consultant including any directors, employees or members of the Consultant) for redress if the Client considers that there has been any breach of this Agreement. The Client agrees not to pursue any claims in contract, tort or for breach of statutory duty (including negligence) against any individual engaged by the Consultant (including any directors, employees or members of the Consultant) in carrying out its obligations under the Agreement at any time, whether named expressly in the Agreement or not. The Client acknowledges that such individuals are entitled to enforce this term of the Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

15. Expiry of Liability
No action of proceedings under or in connection with this Agreement whether in contract or in delict, in negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant after the expiry of 8 years from the earlier of the date of completion of the Services or the date of practical completion (as defined by the Project construction contract) or such earlier date as may be prescribed by law.

16. Notices
Any notice to be given under this Agreement shall be in writing and given by sending the same by fax or by first class letter to the Client or the Consultant at their registered or principal office address. Notices shall take effect when they have been received by the Client or the Consultant as the case may be.

17. Disputes and Confidentiality
Each party will take all necessary steps to ensure that in the event of a dispute arising out of or in connection with this contract, the facts or details of that dispute will not be disclosed to any third party save where:

  1. either party has a statutory obligation so to disclose;
  2. the facts of the dispute enter the public domain through no fault of either party;
  3. court proceedings are instigated.

Adjudication shall be in accordance with the CIC rules current at the date of the dispute. Final resolution shall be by arbitration. In default of agreement upon the identity of an arbitrator, the nomination shall be by the President of the Chartered Institute of Arbitrators.

18. Governing Law
This Agreement shall be governed by Scottish law and the parties agree to submit to the non-exclusive jurisdiction of the Scottish Courts.

19. Printing Costs
All of Horizons documents and drawings shall be issued electronically as required. If the client requires that these documents are printed, then the costs of printing and delivery shall be charged to the client separately and will be over and above Horizon’s fee proposal. The costs of printing and delivery will be charged at the same rate as what Horizon is paying to the printing company.

Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features, to personalise your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

To provide you with information requested from us relating to our products or services and to provide information on other products which we feel may be of interest to you if you have consented to receive such information.

To meet our contractual commitments to you.

To notify you about any changes to our Website, such as improvements or service/product changes, that may affect our service.

If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data for ourselves or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.

Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors such as your area of residence or age group.

Information that is collected is securely stored in compliance with the General Data Protection Regulation (GDPR) and is never shared with third parties.  Your information will only be stored for as long as it is necessary to provide you with the service for which you require from us. Information will only be disclosed if we are legally obliged to do so in accordance with the law.

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognise your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
Compile aggregate data about site traffic and site interactions to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.  If you turn cookies off, some features will be disabled. It won’t affect the user’s overall experience that make your site visit more efficient, although some functions may not work properly.

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

E-Newsletters:
We sometimes operate a newsletter program for which you can subscribe on our website.  You can unsubscribe at anytime by following the ‘unsubscribe’ link at the bottom of the newsletter, after which your details will be removed from our newsletter database. Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the General Data Protection Regulation (GDPR). No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website.

We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. 

Social Media:
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively. Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Contacting Us:
We welcome any queries, comments or request that you may have regarding our service or this policy. Please do not hesitate to contact us.