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TERMS AND CONDITIONS OF BUSINESS

Effective Date: 28 August 2026
Version: 1.0

These Terms and Conditions of Business ("Terms") apply to services, products, digital systems and professional services supplied by Construct-Tech Solutions Ltd.

CONSTRUCT-TECH SOLUTIONS LTD

Company Number: 09819600
Registered Office: 5 Delme Crescent, London, England, SE3 0ED
Website: www.construct-tech.co.uk
Email: support@construct-tech.co.uk
Telephone: 020 3355 2820

Precision. Safety. Innovation.

1. COMPANY INFORMATION

1.1 Construct-Tech Solutions Ltd ("Construct-Tech", "Company", "we", "us" or "our") is a private limited company registered in England and Wales.

Company Number: 09819600
Registered Office: 5 Delme Crescent, London, England, SE3 0ED
Website: www.construct-tech.co.uk
Email: support@construct-tech.co.uk
Telephone: 020 3355 2820

1.2 References to the "Client", "Customer", "you" or "your" mean the person, company, contractor, employer, learner, organisation or other legal entity purchasing, commissioning, accessing or using our Services.

1.3 A "Business Client" means a person acting wholly or mainly for purposes relating to their trade, business, craft or profession.

1.4 A "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession.

1.5 Nothing in these Terms excludes or restricts any statutory right that cannot lawfully be excluded or restricted.

2. ACCEPTANCE OF THESE TERMS

2.1 These Terms apply to all Services provided by Construct-Tech unless a separate written contract expressly states otherwise.

2.2 The Client accepts these Terms when it:

(a) accepts a quotation or proposal;

(b) issues a purchase order;

(c) instructs us by email, telephone, messaging service or other written communication to commence work;

(d) makes any payment;

(e) creates or uses an account for one of our digital services;

(f) scans, accesses or uses a service supplied under a subscription where these Terms have been brought to the Client's attention; or

(g) otherwise instructs us to provide Services.

2.3 Where there is a conflict, the following order of precedence applies:

(a) a specifically negotiated and signed contract;

(b) the relevant quotation, Statement of Work or Order;

(c) any applicable Data Processing Agreement or service schedule;

(d) these Terms.

2.4 Client purchase-order terms or standard procurement terms do not override these Terms unless Construct-Tech expressly agrees to them in writing.

3. SERVICES COVERED

3.1 Services supplied by Construct-Tech may include:

(a) lift planning and lifting engineering;

(b) 2D and 3D Lift Plans;

(c) Schedule of Lifts;

(d) crane, HIAB, telehandler, excavator, MEWP, hoist and other lifting-equipment planning;

(e) rigging studies and rigging calculations;

(f) crane selection and utilisation calculations;

(g) lifting accessory selection;

(h) ground-bearing and outrigger assessment where specifically included;

(i) lifting procedures and method statements;

(j) Risk Assessments and Method Statements ("RAMS");

(k) 3D RAMS;

(l) work-at-height and emergency Rescue Plans;

(m) lifting and construction-related risk assessments;

(n) site visits, audits, inspections and technical support;

(o) 3D visualisations, CGI, animations, videos and technical illustrations;

(p) digital safety-document systems;

(q) cloud-hosted project documentation;

(r) SharePoint and Microsoft 365 configuration and administration;

(s) QR-code document-management systems;

(t) QR posters, boards, signage and labels;

(u) NFC/contactless tags and document-access systems;

(v) web design, development and maintenance;

(w) application and software development;

(x) custom applications developed using Replit or other software platforms;

(y) mobile and web applications;

(z) AI-assisted systems and AI assistants;

(aa) WhatsApp-based AI assistants;

(ab) document-search and document-question-answering systems;

(ac) OCR, document indexing and document retrieval;

(ad) weather-information integrations;

(ae) dashboards, portals, digital forms and workflow systems;

(af) branding, graphics and marketing materials;

(ag) photography, video and drone-related media services where separately agreed;

(ah) NVQ-related assessment, portfolio or administrative support;

(ai) CSCS/CPCS-related qualification and application assistance;

(aj) training or competency-support services;

(ak) consultancy;

(al) customised templates, toolbox talks, inspection forms, LOLER records and other construction documentation; and

(am) other services described in a quotation or Statement of Work.

3.2 The exact scope is determined by the relevant quotation, proposal, Order or written instruction.

3.3 Anything not expressly included in the agreed scope is excluded and may be charged separately.

4. PROFESSIONAL STANDARD

4.1 Construct-Tech will perform professional services with reasonable care and skill appropriate to the nature and scope of the appointment.

4.2 Where applicable to the agreed scope, lifting documentation may take account of relevant legislation, recognised industry guidance, applicable British or European standards, manufacturer information and project-specific requirements.

4.3 Depending on the operation, these may include relevant provisions of:

  • LOLER 1998;

  • PUWER 1998;

  • the Health and Safety at Work etc. Act 1974;

  • the Management of Health and Safety at Work Regulations 1999;

  • the Construction (Design and Management) Regulations 2015;

  • BS 7121;

  • EN 13000;

  • manufacturer instructions and load charts; and

  • other applicable requirements.

4.4 Standards and guidance shall be applied only where relevant to the particular equipment, operation and agreed scope.

5. CLIENT-SUPPLIED INFORMATION

5.1 Lift Plans, RAMS, Rescue Plans and engineering documentation depend upon accurate project information.

5.2 The Client must provide accurate and complete information including, where applicable:

  • load weights;

  • dimensions;

  • centre of gravity;

  • certified lifting points;

  • lifting accessory information;

  • equipment make and model;

  • configuration;

  • boom length;

  • working radius;

  • counterweight configuration;

  • outrigger configuration;

  • capacity charts;

  • ground conditions;

  • allowable ground-bearing capacity;

  • underground services;

  • temporary works information;

  • site drawings;

  • access restrictions;

  • overhead obstructions;

  • proximity hazards;

  • weather restrictions;

  • wind-speed limits;

  • manufacturer instructions;

  • site photographs;

  • personnel arrangements;

  • lifting sequence; and

  • any other information reasonably requested.

5.3 The Client remains responsible for the accuracy and completeness of information supplied by the Client, its employees, subcontractors, designers, manufacturers, suppliers or other third parties.

5.4 Construct-Tech is responsible for exercising reasonable professional care when interpreting and using the information supplied to us within our agreed scope.

5.5 We are not responsible for errors arising directly from information that was inaccurate, incomplete, misleading, obsolete or withheld where the error could not reasonably have been identified by us when exercising reasonable professional care.

5.6 Construct-Tech may refuse to complete or issue documentation where information necessary for safe planning has not been supplied.

6. CHANGES IN SITE CONDITIONS

6.1 Lift Plans and other safety documents are prepared for the specific conditions identified during preparation.

6.2 The Client must notify Construct-Tech of any material change including:

  • load weight or dimensions;

  • lifting points;

  • crane or lifting machine;

  • equipment configuration;

  • lifting radius;

  • rigging;

  • ground conditions;

  • access;

  • working area;

  • obstructions;

  • temporary works;

  • personnel;

  • weather limitations;

  • sequence of work; or

  • other information affecting the planned operation.

6.3 A material change may invalidate the existing document.

6.4 The Client must not continue using a plan that no longer represents actual site conditions without appropriate review and authorisation.

6.5 Revisions caused by changes to the Client's information, methodology, equipment, programme or site conditions may be chargeable.

7. DOCUMENT REVIEW AND APPROVAL

7.1 Draft documents issued for review must not be treated as approved-for-use documents.

7.2 The Client must review the relevant project information contained in the document before implementation.

7.3 Client review does not transfer responsibility for Construct-Tech's own professional work to the Client.

7.4 Client review is intended to confirm project-specific facts available to the Client, including site information, load information, equipment availability, names, dates, access arrangements and operational constraints.

7.5 Only the latest approved revision is to be used.

7.6 Superseded documents must be removed from operational use.

8. DOCUMENT VALIDITY

8.1 Any validity period or expiry date shown on a document applies to that specific document.

8.2 A document must not be used after its stated expiry without review or revalidation where required.

8.3 A document may become invalid before its stated expiry if relevant conditions, legislation, equipment, load data, site arrangements or other material information changes.

8.4 Downloaded or printed documents may become uncontrolled copies unless expressly identified otherwise.

9. 3D VISUALISATIONS

9.1 3D models, CGI images, illustrations and animations are primarily intended to improve communication and understanding.

9.2 Unless expressly identified as dimensionally accurate engineering models, visual representations must not be used to obtain exact measurements.

9.3 Manufacturer drawings, certified information, engineering dimensions and approved calculations take precedence over visual appearance.

9.4 Equipment models may be simplified for presentation purposes.

9.5 Where third-party or manufacturer products are visually represented, relevant intellectual-property rights remain with their respective owners.

10. RAMS

10.1 RAMS are prepared for the activities and information identified in the agreed scope.

10.2 The Client remains responsible for communicating approved RAMS to affected workers and ensuring the controls are implemented on site.

10.3 Site management must ensure that workers are competent, properly briefed and provided with suitable equipment, supervision and resources.

10.4 Site-specific conditions must be reviewed before work commences.

10.5 RAMS do not remove the employer's, contractor's or dutyholder's statutory responsibilities.

11. RESCUE PLANS

11.1 Rescue Plans are developed for the scenario and information provided.

11.2 Rescue Plans must be communicated, resourced and, where appropriate, rehearsed by competent site personnel.

11.3 The Client is responsible for ensuring that identified rescue equipment, competent personnel, access routes and emergency arrangements are actually available before the relevant work begins.

11.4 A Rescue Plan does not constitute an emergency-response service operated by Construct-Tech unless expressly contracted.

11.5 Digital or AI services must never be relied upon as the sole means of obtaining emergency instructions during an incident.

12. APPOINTED PERSON AND REMOTE SERVICES

12.1 Preparing a Lift Plan does not automatically appoint Construct-Tech as the Appointed Person for execution of the lifting operation.

12.2 Construct-Tech assumes an Appointed Person or equivalent duty only where that appointment is expressly agreed in writing.

12.3 The scope, duration and limits of any such appointment will be defined in the relevant Order or project documentation.

12.4 Where professional lifting-planning services are carried out remotely, they rely upon information provided from site.

12.5 The Client must ensure that actual site conditions are checked by competent persons before execution and that any discrepancy is immediately reported.

12.6 No material deviation from the approved lifting arrangement is permitted without appropriate review by a competent person.

​13. SITE SUPERVISION

13.1 Unless specifically included in the Order, Construct-Tech does not provide continuous site supervision.

13.2 The Client must provide competent operators, slinger/signallers, supervisors and other personnel required for the operation.

13.3 Site supervision must have sufficient authority to stop work where conditions become unsafe or depart from the approved method.

14. LIFTING EQUIPMENT AND ACCESSORIES

14.1 Unless the Company expressly undertakes responsibility under a separate agreement, the Client is responsible for ensuring that lifting equipment and accessories:

  • are suitable;

  • are correctly selected;

  • are available in the configuration identified in the approved plan;

  • have appropriate certification;

  • have undergone legally required examination and inspection;

  • are maintained;

  • are within applicable SWL/WLL limits; and

  • are operated by competent persons.

14.2 The Client must notify Construct-Tech if equipment proposed in the plan is unavailable or substituted.

15. GROUND CONDITIONS AND TEMPORARY WORKS

15.1 Unless specifically included in our scope, Construct-Tech does not provide geotechnical engineering or temporary works design.

15.2 Ground-bearing calculations depend on reliable ground-bearing information supplied or approved by the Client or relevant designer.

15.3 Any mat, spreader, platform, foundation or temporary works requiring structural design must be designed or verified by a competent temporary works or structural engineer where applicable.

16. CONTRACT LIFT SERVICES

16.1 Supply of a Lift Plan alone does not constitute a Contract Lift.

16.2 Construct-Tech assumes responsibility associated with a Contract Lift only when a specific Contract Lift agreement has been expressly entered into in writing.

16.3 The relevant Contract Lift agreement, crane-hire conditions and project-specific allocation of responsibilities will take precedence over these general Terms where applicable.

17. SITE VISITS AND INSPECTIONS

17.1 A site visit is limited to the purpose and scope for which it was commissioned.

17.2 A site visit does not constitute a comprehensive inspection of all site risks unless expressly agreed.

17.3 The Client must provide safe access, required induction, relevant permits and information concerning hazards.

17.4 Construct-Tech may stop or abandon a visit where conditions are considered unsafe.

17.5 Additional visits caused by changed conditions, inaccessible areas, aborted attendance or information not being available may be chargeable.

18. AI-ASSISTED SERVICES

18.1 Construct-Tech may use artificial intelligence, automation, OCR, machine-learning or similar technologies as part of its internal workflow or customer-facing services.

18.2 AI technology may assist with:

  • document indexing;

  • document retrieval;

  • question answering;

  • document classification;

  • OCR;

  • data extraction;

  • workflow automation;

  • drafting;

  • search;

  • technical-reference retrieval; and

  • other functionality.

18.3 AI output can be incomplete, inaccurate or misinterpreted.

18.4 AI output must not override an approved controlled document.

18.5 Where an AI response conflicts with an approved Lift Plan, RAMS, Rescue Plan, Schedule of Lifts, manufacturer information or other controlled documentation, the approved controlled documentation takes precedence.

18.6 An AI system cannot authorise a lifting operation.

18.7 An AI response cannot replace the judgement of an Appointed Person, competent lifting planner, Lift Supervisor, Supervisor of Operations, operator, slinger/signaller or other competent person.

18.8 Safety-critical decisions must not be based solely on AI output.

18.9 Where information appears uncertain, inconsistent or incomplete, the user must stop and obtain clarification from an appropriate competent person.

19. WHATSAPP AI ASSISTANT

19.1 Construct-Tech may provide AI assistance through WhatsApp or similar messaging platforms.

19.2 The assistant is intended to help authorised users locate and understand information contained in approved project documentation.

19.3 The assistant may require user information such as name, company and job or project number for access control.

19.4 The Client is responsible for ensuring that only authorised personnel access project information.

19.5 The assistant does not replace the controlled project-document system.

19.6 Responses may contain document references, revision details and page references where available.

19.7 Users must verify critical information against the current approved document before acting.

19.8 The assistant must not be used as an emergency communication service.

19.9 The assistant does not itself approve changes to lifting operations, RAMS, Rescue Plans or other controlled procedures.

19.10 Availability may depend on third-party providers including Meta/WhatsApp, telecommunications providers, hosting providers, AI providers and API services.

20. WEATHER INFORMATION

20.1 Weather information supplied through any Construct-Tech website, application, QR system, AI assistant or other digital service may originate from third-party meteorological services.

20.2 Weather information is provided as supplementary information only.

20.3 Forecast information is inherently uncertain and actual local conditions may differ.

20.4 Weather information displayed by a Construct-Tech system must not replace:

  • on-site wind-speed measurement;

  • manufacturer operating limitations;

  • approved lifting-plan restrictions;

  • site procedures;

  • competent-person assessment; or

  • the requirement to stop work when conditions become unsafe.

20.5 The person controlling the operation remains responsible for determining whether actual conditions are suitable for work.

21. CUSTOM APPLICATIONS AND SOFTWARE

21.1 Construct-Tech may develop applications using Replit, Microsoft services, cloud services, APIs and other development platforms.

21.2 Software functionality is limited to the specification agreed in the relevant Order.

21.3 Features outside the agreed specification are variations and may be charged separately.

21.4 Software is tested using reasonable professional methods appropriate to its scope; however, no software can be guaranteed entirely error-free.

21.5 Construct-Tech does not warrant that software will operate without interruption or be compatible indefinitely with every browser, operating system, device, API or third-party platform.

21.6 Changes introduced by third-party providers may require additional development.

21.7 Unless maintenance is included in an active support agreement, future updates, compatibility work and feature development are chargeable.

22. THIRD-PARTY DIGITAL SERVICES

22.1 Our services may depend upon third-party platforms, including services supplied by organisations such as:

  • Microsoft;

  • SharePoint;

  • Microsoft 365;

  • Replit;

  • Meta;

  • WhatsApp;

  • Twilio;

  • OpenAI;

  • Wix;

  • domain registrars;

  • hosting providers;

  • weather-data providers;

  • mapping providers;

  • email providers;

  • cloud-storage providers; and

  • API providers.

22.2 Third-party services are governed by their own terms, licences and technical restrictions.

22.3 Construct-Tech does not control third-party infrastructure.

22.4 We are not responsible for a failure caused solely by a third-party outage, platform suspension, API change, licensing restriction or service withdrawal outside our reasonable control.

22.5 Where reasonably possible, we will assist in restoring or adapting affected services, but significant redevelopment may be chargeable.

23. SERVICE AVAILABILITY

23.1 We aim to maintain reasonable availability of hosted systems.

23.2 Unless a specific Service Level Agreement ("SLA") is agreed, no guaranteed uptime percentage applies.

23.3 Services may be interrupted for maintenance, security, updates, provider failures or circumstances outside our reasonable control.

23.4 Construct-Tech may temporarily suspend access where reasonably necessary to:

  • protect security;

  • investigate misuse;

  • prevent damage;

  • comply with law;

  • perform essential maintenance; or

  • deal with overdue payment.

24. ACCEPTABLE USE

24.1 Users must not:

  • obtain unauthorised access;

  • share accounts contrary to agreed permissions;

  • attempt to bypass security;

  • introduce malware;

  • reverse engineer systems except where law expressly permits;

  • scrape or extract data without permission;

  • use the Services unlawfully;

  • impersonate another user;

  • interfere with system operation;

  • use the AI assistant to circumvent document controls; or

  • use a digital service to perform an unsafe operation.

24.2 Construct-Tech may suspend accounts where misuse or a security risk is reasonably suspected.

25. MICROSOFT 365 AND SHAREPOINT SERVICES

25.1 Construct-Tech may design, configure, manage or support SharePoint and Microsoft 365 environments.

25.2 Unless expressly included in the quotation, Microsoft licences are not included in Construct-Tech's charges.

25.3 Where systems are installed within the Client's Microsoft tenant, the Client retains overall ownership and responsibility for that tenant.

25.4 The Client must maintain valid Microsoft subscriptions and administrative accounts necessary for operation.

25.5 Construct-Tech is not responsible for changes made by the Client or another administrator after delivery.

25.6 Additional work required to rectify third-party or Client changes may be chargeable.

26. USER PERMISSIONS

26.1 Access permissions are configured according to information supplied by the Client.

26.2 The Client remains responsible for deciding who should have access to its information.

26.3 The Client must promptly notify Construct-Tech where access should be removed or changed.

26.4 Clients must protect passwords and enable appropriate security controls, including multi-factor authentication where appropriate.

27. BACKUPS AND RETENTION

27.1 Cloud hosting and SharePoint storage must not be assumed to constitute a dedicated independent backup service unless backup services are specifically included in the Order.

27.2 Clients should maintain appropriate independent backups and retention policies for business-critical information.

27.3 Construct-Tech is not responsible for deletion caused by a Client administrator or authorised user unless the loss results directly from Construct-Tech's breach of its contractual duty.

28. QR CODES

28.1 QR codes may provide convenient access to project documentation, websites, applications or other resources.

28.2 A QR code does not itself certify that a document is current or approved.

28.3 Document status must be established from the document-control information displayed within the relevant system or document.

28.4 Construct-Tech is not responsible for QR failure caused by damage, poor printing by others, incompatible devices, lack of internet access, camera restrictions or deletion of the destination by the Client.

29. QR POSTERS, BOARDS AND SIGNAGE

29.1 Custom QR posters and boards are produced in accordance with the approved design.

29.2 The Client must check final proofs for project names, branding, QR destinations and information that only the Client can verify.

29.3 Construct-Tech remains responsible for producing the product consistently with the approved proof.

29.4 Unless installation is expressly included, the Client is responsible for installation, positioning and maintenance.

30. NFC AND CONTACTLESS PRODUCTS

30.1 NFC tags provide a convenient means of accessing digital information.

30.2 Compatibility depends upon the receiving device, operating system, configuration and third-party software.

30.3 Construct-Tech does not guarantee compatibility with every device.

30.4 NFC tags may stop operating if physically damaged, removed, overwritten or deliberately interfered with.

30.5 NFC tags do not replace legally required site signage, briefings or controlled documentation.

31. WEB DESIGN

31.1 Website design work will be performed according to the approved scope.

31.2 The Client is responsible for supplying accurate text, images, logos, regulatory statements and other Client Materials unless content creation is included.

31.3 The Client warrants that it has the right to use all Client Materials supplied to Construct-Tech.

31.4 Construct-Tech is not liable for intellectual-property infringement arising from materials supplied by the Client.

31.5 Unless specifically included, legal compliance reviews, accessibility certification, SEO guarantees, regulatory approval and specialist legal drafting are outside the web-design scope.

32. WEBSITE RESULTS

32.1 Construct-Tech does not guarantee:

  • specific Google or other search-engine positions;

  • a particular volume of visitors;

  • sales;

  • leads;

  • revenue;

  • social-media engagement; or

  • other commercial outcomes.

32.2 Search engines and online platforms control their own algorithms.

33. DOMAINS, HOSTING AND LICENCES

33.1 Domains, hosting, software subscriptions, APIs, plugins and licences may involve recurring third-party charges.

33.2 Responsibility for renewal will be stated in the relevant Order.

33.3 Where Construct-Tech pays a third-party service on behalf of the Client, those charges may be recharged to the Client.

33.4 Construct-Tech may adjust recurring third-party charges where the underlying supplier changes its price.

33.5 Failure to pay a required renewal may result in suspension or termination of the relevant digital service.

34. QUALIFICATION SERVICES

34.1 Construct-Tech may provide support relating to construction qualifications, competency assessment, NVQs and card applications.

34.2 The precise service may include:

  • initial qualification guidance;

  • registration assistance;

  • portfolio organisation;

  • evidence guidance;

  • assessment support;

  • workplace evidence collection;

  • professional discussion coordination;

  • administration;

  • liaison with training or assessment centres; and

  • CSCS or CPCS application assistance.

34.3 The provider, assessment centre and awarding organisation applicable to a regulated qualification will be identified where relevant.

34.4 Construct-Tech does not represent that it is CSCS or CPCS.

34.5 CSCS, CPCS, CITB, awarding organisations and assessment centres remain independent organisations.

35. QUALIFICATION OUTCOMES

35.1 No qualification, assessment result or card application is guaranteed.

35.2 Qualification awards are subject to applicable assessment requirements, internal quality assurance, external quality assurance and awarding-organisation requirements.

35.3 CSCS or CPCS card issue is determined by the relevant card scheme and not solely by Construct-Tech.

35.4 Scheme requirements, tests, accepted qualifications and card rules may change.

36. LEARNER RESPONSIBILITIES

36.1 Learners must provide genuine evidence of their own competence.

36.2 Fabricated, misleading, plagiarised or fraudulent evidence is prohibited.

36.3 Construct-Tech may suspend or terminate services where malpractice is reasonably suspected.

36.4 Learners remain responsible for completing required assessments, tests, workplace evidence and other scheme requirements.

37. CONSTRUCT-TECH INTELLECTUAL PROPERTY

37.1 Unless expressly agreed otherwise, Construct-Tech retains ownership of its pre-existing and proprietary intellectual property including:

  • document templates;

  • Lift Plan formats;

  • RAMS formats;

  • Rescue Plan formats;

  • calculation methodologies;

  • graphics;

  • 3D models;

  • 3D libraries;

  • CGI;

  • animations;

  • software components;

  • source code;

  • databases;

  • AI prompts;

  • AI workflows;

  • document-indexing methods;

  • automation processes;

  • design systems;

  • scripts;

  • libraries;

  • know-how;

  • branding elements; and

  • other proprietary materials.

37.2 Payment for a service does not automatically transfer ownership of Construct-Tech's underlying intellectual property.

38. CLIENT LICENCE

38.1 Once the relevant invoice has been paid in full, the Client receives a licence to use the final deliverable for the agreed purpose.

38.2 Project-specific Lift Plans, RAMS and Rescue Plans may be used for the project for which they were prepared.

38.3 They must not be copied, altered, resold, repurposed for unrelated projects or represented as another person's work without written permission.

38.4 Where a website or application is created for a Client, the Client receives the usage rights identified in the Order.

38.5 Source-code ownership transfers only where expressly agreed in writing.

39. CLIENT INTELLECTUAL PROPERTY

39.1 The Client retains ownership of its logos, trademarks, photographs, drawings, project data and other materials supplied to Construct-Tech.

39.2 The Client grants Construct-Tech a licence to use those materials to the extent required to perform the Services.

40. PORTFOLIO AND MARKETING USE

40.1 Construct-Tech will not publicly disclose confidential project information without appropriate authority.

40.2 Project images, client names, logos, site photographs or deliverables will only be used for marketing where Construct-Tech has an appropriate legal basis and any required permission.

41. DATA PROTECTION

41.1 Each party must comply with applicable data-protection legislation, including the UK GDPR, the Data Protection Act 2018 and successor or amending legislation.

41.2 Construct-Tech's Privacy Policy applies where Construct-Tech processes personal information as a controller.

41.3 Where Construct-Tech processes personal data solely on behalf of a Client as processor, the Data Processing provisions in these Terms and any separate Data Processing Agreement apply.

42. DATA-PROCESSING SERVICES

42.1 For services including SharePoint, Microsoft 365, project portals, WhatsApp AI, document indexing and hosted applications, Construct-Tech may process Client personal data on the Client's documented instructions.

42.2 Such processing may include storing, organising, transmitting, indexing, retrieving, displaying, securing and deleting information as necessary to deliver the Services.

42.3 Categories of personal data may include names, company details, roles, telephone numbers, email addresses, account identifiers, project information, user messages, system logs and information appearing within documents supplied by the Client.

42.4 Data subjects may include Client employees, workers, subcontractors, site personnel, suppliers and authorised platform users.

42.5 Special-category personal data is not intended to be processed unless expressly agreed and lawfully permitted.

42.6 Processing will normally continue for the duration of the relevant Service and any reasonable retention period required for security, backup, legal or contractual purposes.

43. PROCESSOR OBLIGATIONS

43.1 Where Construct-Tech acts as processor, it will:

  • process personal data only on documented instructions unless required otherwise by law;

  • ensure authorised personnel are subject to confidentiality obligations;

  • implement appropriate technical and organisational security measures;

  • provide reasonable assistance concerning data-subject rights;

  • provide reasonable assistance concerning security incidents and applicable data-protection obligations;

  • delete or return Client personal data at the end of processing where required, subject to legal retention requirements;

  • maintain information reasonably required to demonstrate compliance; and

  • cooperate with reasonable compliance audits subject to appropriate confidentiality, security and cost arrangements.

44. SUB-PROCESSORS

44.1 The Client authorises Construct-Tech to use reputable sub-processors where reasonably necessary to provide the Services.

44.2 These may include cloud, hosting, Microsoft, communications, AI, database, analytics and infrastructure providers.

44.3 Appropriate contractual data-protection obligations will be imposed where required by law.

44.4 Material sub-processor information may be provided through our Privacy Policy or on request.

44.5 Where personal data is transferred internationally, Construct-Tech will use applicable lawful transfer mechanisms where required.

​44.6 Where Construct-Tech relies upon the Client's general authorisation to appoint sub-processors, Construct-Tech will provide reasonable notice of any material intended addition or replacement of a sub-processor and provide the Client with a reasonable opportunity to raise legitimate data-protection objections.

45. DATA MINIMISATION

45.1 The Client must avoid uploading unnecessary personal information.

45.2 The Client is responsible for ensuring it has a lawful basis for personal data it instructs Construct-Tech to process.

46. SECURITY

46.1 Construct-Tech will maintain reasonable technical and organisational security measures appropriate to the Services.

46.2 No internet or cloud system can be guaranteed completely secure.

46.3 Clients must maintain appropriate endpoint security, password controls, access controls and user management.

46.4 Each party must promptly notify the other of a suspected security incident materially affecting the other's information.

47. CONFIDENTIALITY

47.1 Each party must keep the other's Confidential Information confidential.

47.2 Confidential Information may be used only for the purposes of performing or receiving the Services.

47.3 This obligation does not apply to information that:

  • is lawfully public;

  • was already lawfully known;

  • is independently developed;

  • is received lawfully from another source; or

  • must be disclosed by law, regulator or court order.

47.4 Confidentiality obligations survive termination.

48. QUOTATIONS

48.1 Fees are those stated in our quotation, proposal, Order or other written agreement.

48.2 A quotation remains valid for the period expressly stated in that quotation.

48.3 If no acceptance period is stated, Construct-Tech may withdraw or amend the quotation at any time before acceptance.

48.4 Prices exclude VAT where VAT is legally chargeable unless expressly stated otherwise.

49. PAYMENT TERMS

49.1 Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date.

49.2 Different payment terms may be agreed for individual Clients or projects.

49.3 Deposits, advance payments or staged payments may be required.

49.4 Construct-Tech may withhold final deliverables or suspend ongoing Services where undisputed invoices are materially overdue, provided suspension can be carried out safely and lawfully.

​50. LATE PAYMENT – BUSINESS CLIENTS

50.1 For Business Clients, Construct-Tech reserves all rights available under the Late Payment of Commercial Debts (Interest) Act 1998 and associated legislation.

50.2 This may include statutory interest, fixed compensation and reasonable recovery costs where legally recoverable.

51. CIS AND STATUTORY DEDUCTIONS

51.1 No deduction may be made from an invoice except where required by law or expressly agreed.

51.2 Where the Client is legally required to make a CIS or other statutory deduction, the Client must provide the relevant deduction statement or certificate.

​52. ADDITIONAL WORK

52.1 Work outside the agreed scope may be charged additionally.

55.2 Where a Consumer enters into a distance or off-premises contract to which the Consumer Contracts Regulations 2013 apply, the Consumer normally has 14 calendar days to cancel without giving a reason, subject to applicable statutory exceptions.

Additional work may include:

  • Client-requested revisions;

  • changed site conditions;

  • changed equipment;

  • additional load cases;

  • new lifting methods;

  • redesign;

  • additional meetings;

  • additional site visits;

  • additional software features;

  • data migration;

  • additional user configuration;

  • new integrations;

  • third-party platform changes; and

  • post-delivery modifications.

53. CLIENT DELAYS

53.1 Delivery times begin only when sufficient information and any agreed payment have been received.

53.2 Construct-Tech is not responsible for delay caused by missing, late or inaccurate Client information.

53.3 Where a project is suspended for a substantial period because the Client fails to provide required information, Construct-Tech may reschedule the work according to current availability.

54. BUSINESS CLIENT CANCELLATION

54.1 A Business Client may cancel an Order by written notice.

54.2 The Client must pay for:

  • work completed up to cancellation;

  • time reasonably committed;

  • non-cancellable third-party charges;

  • materials ordered specifically for the Client; and

  • other unavoidable costs incurred in performing the Order.

54.3 Bespoke work already completed is non-refundable except where Construct-Tech is in breach of contract.

55. CONSUMER CANCELLATION RIGHTS

55.1 Consumers retain all cancellation rights provided by applicable consumer law.

55.2 Where a Consumer enters into a qualifying distance or off-premises service contract, a statutory cancellation period may apply.

55.3 Where the Consumer specifically asks Construct-Tech to start providing a service during the statutory cancellation period, the Consumer may be required to pay for Services supplied before cancellation where permitted by law.

55.4 Where the service has been fully performed following the Consumer's express request and legally required acknowledgement, cancellation rights may end as provided by law.

55.5 Statutory rights concerning defective goods, digital content or services are not affected.

56. BESPOKE GOODS

56.1 QR boards, customised NFC products, branded materials and other goods made to the Client's specification may be bespoke goods.

56.2 Applicable statutory cancellation exceptions may apply to personalised or made-to-order Consumer goods.

56.3 This does not affect statutory rights where goods are faulty, misdescribed or otherwise fail to meet legal requirements.

57. TERMINATION BY CONSTRUCT-TECH

57.1 Construct-Tech may terminate or suspend a Service where:

  • the Client materially breaches the contract;

  • undisputed payment remains materially overdue;

  • the Client uses the Services unlawfully;

  • continuing the Service creates an unacceptable safety or cybersecurity risk;

  • the Client becomes insolvent; or

  • a necessary third-party service becomes permanently unavailable and no reasonable substitute exists.

57.2 Where practical, reasonable notice and an opportunity to remedy a remediable breach will be provided.

58. EFFECT OF TERMINATION

58.1 Outstanding fees become payable upon termination in accordance with the contract.

58.2 Rights accrued before termination remain unaffected.

58.3 Clauses concerning confidentiality, intellectual property, liability, payment, data protection and dispute resolution survive where their nature requires.

59. RESPONSIBILITY FOR OUR WORK

59.1 Construct-Tech does not exclude responsibility for performing its agreed Services with the standard of care required by law.

59.2 Nothing in these Terms attempts to transfer responsibility for Construct-Tech's own professional negligence to the Client.

59.3 However, Construct-Tech is not responsible for losses caused by:

  • inaccurate information supplied by others;

  • unauthorised alteration of documents;

  • use of superseded documents;

  • material deviation from an approved Lift Plan or RAMS;

  • use of different lifting equipment without review;

  • unreported changes in site conditions;

  • use of documents for a different project or purpose;

  • failure to implement stated controls;

  • failure to provide competent personnel;

  • Client or third-party breach of law;

  • failure of equipment maintained or controlled by others;

  • or Client misuse of a digital system.

60. LIABILITY THAT CANNOT BE EXCLUDED

60.1 Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law.

60.2 In particular, nothing excludes or limits liability for:

  • death or personal injury caused by negligence;

  • fraud;

  • fraudulent misrepresentation; or

  • any other liability that cannot lawfully be excluded.

61. INDIRECT LOSS – BUSINESS CLIENTS

61.1 Subject to clause 60 and to the extent permitted by law, Construct-Tech shall not be liable to a Business Client for indirect or consequential losses that were not reasonably foreseeable as a direct consequence of the breach.

61.2 Subject to applicable law and the circumstances of the contract, this may include loss of:

  • profit;

  • revenue;

  • business;

  • anticipated savings;

  • opportunity;

  • goodwill;

  • or production,

  • except to the extent such loss forms part of a direct and reasonably foreseeable claim that cannot lawfully be excluded.

62. FINANCIAL LIABILITY CAP – BUSINESS CLIENTS

62.1 Subject always to clause 60, Construct-Tech's aggregate contractual liability to a Business Client shall be subject to the liability limitation stated in the relevant quotation, professional appointment or project agreement.

62.2 Where professional engineering, lifting-planning or safety-critical services are supplied, any liability cap should be considered together with the nature of the appointment and applicable professional-indemnity insurance.

62.3 If no liability cap has been expressly stated in the relevant appointment or quotation, no arbitrary monetary cap is created by these Terms and the parties' rights will be determined by applicable law.

63. CLIENT INDEMNITY – BUSINESS CLIENTS

63.1 A Business Client shall indemnify Construct-Tech against third-party claims to the extent directly caused by:

  • Client-supplied material infringing third-party intellectual property;

  • deliberate misuse of our systems;

  • fraudulent information supplied by the Client;

  • unauthorised modification of our controlled documents; or

  • use of our deliverables for a different operation or project without our approval.

63.2 This indemnity does not apply to the extent the claim was caused by Construct-Tech's own negligence, breach of contract or unlawful conduct.

64. THIRD-PARTY RIGHTS

64.1 Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

65. SUBCONTRACTING

65.1 Construct-Tech may use appropriately competent employees, consultants, specialists or subcontractors to perform elements of the Services.

65.2 Construct-Tech remains responsible for its contractual obligations where work is subcontracted by Construct-Tech.

66. FORCE MAJEURE

66.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, including severe weather, fire, flood, epidemic, war, civil disturbance, government action, widespread telecommunications failure, cyberattack by third parties, power failure, industrial action or material third-party infrastructure failure.

66.2 The affected party must take reasonable steps to minimise the effect.

66.3 Payment obligations for Services already supplied are not excused by force majeure.

67. INTERNATIONAL PROJECTS

67.1 Construct-Tech may provide Services for projects outside England and Wales.

67.2 Unless the scope expressly includes advice on another jurisdiction's law, the Client is responsible for identifying local statutory, permitting and regulatory requirements applicable to the project.

67.3 Applicable international or local standards may be incorporated where specifically agreed.

68. NON-RELIANCE ON INFORMAL COMMUNICATION

68.1 Safety-critical or contractual instructions should be confirmed through controlled documentation or written communication.

68.2 Informal conversations, demonstrations, marketing materials, social-media posts, CGI videos or general website information do not replace project-specific approved documentation.

69. WEBSITE INFORMATION

69.1 General information published on the Construct-Tech website, blog, social media or marketing material is provided for general information.

69.2 It does not constitute project-specific engineering advice.

69.3 Illustrative videos or images must not be followed as lifting procedures unless incorporated into an approved project-specific document.

70. COMPLAINTS

70.1 Concerns should initially be submitted to:

70.2 Construct-Tech will investigate complaints reasonably and aim to resolve genuine issues promptly.

70.3 This clause does not restrict any statutory remedy available to a Consumer.

71. NOTICES

71.1 Contractual notices may be sent by email to the normal business email address used between the parties unless the contract requires another method.

71.2 Formal legal proceedings must be served in accordance with applicable procedural law.

72. ASSIGNMENT

72.1 A Business Client may not assign the contract without Construct-Tech's prior written consent, such consent not to be unreasonably withheld where appropriate.

72.2 Construct-Tech may assign the contract as part of a genuine business sale, restructuring or transfer, provided this does not materially reduce the Client's contractual rights.

73. WAIVER

73.1 Failure to enforce a contractual right immediately does not waive that right.

74. SEVERABILITY

74.1 If any provision is found invalid or unenforceable, the remaining provisions continue in effect.

74.2 The invalid provision shall, where legally possible, be interpreted or modified only to the minimum extent necessary to make it enforceable.

75. ENTIRE AGREEMENT – BUSINESS CLIENTS

75.1 For Business Clients, the contract constitutes the entire agreement concerning its subject matter.

75.2 Neither party relies on statements not contained in the contract, except that nothing limits liability for fraud or fraudulent misrepresentation.

76. CHANGES TO THESE TERMS

76.1 Construct-Tech may update these Terms for future Orders.

76.2 The version in force when an Order is accepted normally applies to that Order.

76.3 Material changes affecting an active subscription may be notified to the Client before taking effect where reasonably required.

76.4 Terms will not be retrospectively changed to remove accrued contractual rights.

77. GOVERNING LAW – BUSINESS CLIENTS

77.1 Contracts with Business Clients are governed by the law of England and Wales unless expressly agreed otherwise.

77.2 The courts of England and Wales have exclusive jurisdiction over disputes with Business Clients unless a different dispute-resolution mechanism is expressly agreed.

78. CONSUMERS

78.1 Where the Client is a Consumer, nothing in these Terms removes mandatory consumer protections.

78.2 Governing-law and jurisdiction provisions apply only to the extent permitted by mandatory consumer law.

79. DISPUTE RESOLUTION

79.1 The parties should first attempt in good faith to resolve a dispute through senior-level discussion.

79.2 Where appropriate, the parties may agree to mediation before commencing substantive court proceedings.

79.3 Nothing prevents either party seeking urgent injunctive or other protective relief where necessary.

80. CONTROLLED DOCUMENTS AND SAFE WORKING

80.1 Construct-Tech's digital systems, 3D content, QR technology, NFC technology, AI assistants and weather integrations are intended to improve access, communication and understanding.

80.2 They do not replace competent professional judgement.

80.3 For lifting operations, the latest approved Lift Plan, Schedule of Lifts, RAMS, Rescue Plan, manufacturer information and applicable site controls remain authoritative.

80.4 If actual site conditions do not correspond with the approved documentation, the operation must not proceed until the discrepancy has been assessed by an appropriately competent person.

80.5 No AI response, QR code, NFC tag, website, CGI image or digital interface constitutes permission to proceed with an unsafe operation.

2. ACCEPTANCE OF THESE TERMS

2.1 These Terms apply to all Services provided by Construct-Tech unless a separate written contract expressly states otherwise.

2.2 The Client accepts these Terms when it:

(a) accepts a quotation or proposal;

(b) issues a purchase order;

(c) instructs us by email, telephone, messaging service or other written communication to commence work;

(d) makes any payment;

(e) creates or uses an account for one of our digital services;

(f) scans, accesses or uses a service supplied under a subscription where these Terms have been brought to the Client's attention; or

(g) otherwise instructs us to provide Services.

2.3 Where there is a conflict, the following order of precedence applies:

(a) a specifically negotiated and signed contract;

(b) the relevant quotation, Statement of Work or Order;

(c) any applicable Data Processing Agreement or service schedule;

(d) these Terms.

2.4 Client purchase-order terms or standard procurement terms do not override these Terms unless Construct-Tech expressly agrees to them in writing.

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