These terms and conditions apply to all fire safety services provided by Obelisk Fire Safety Ltd and to your use of our website, obeliskfire.co.uk. Please read them carefully. By instructing us, or by using our website, you agree to these terms.
Part A – Terms of Business
1About these terms
Obelisk Fire Safety Ltd is a company registered in England and Wales (Company No. 17480188). Our registered office is 159 Forest Road, Clipstone, Mansfield, Nottinghamshire, NG21 9DS. You can contact us at info@obeliskfire.co.uk or on 07407 156178.
Each contract between us is made up of these terms, our quotation and any written scope of works agreed for that instruction. If there is a conflict, the quotation or agreed scope takes priority over these terms for that instruction.
These terms apply in place of any terms set out in your purchase order or other documents, unless we agree otherwise in writing.
If you are a consumer, nothing in these terms affects your statutory rights.
2Definitions
In these terms:
- “we”, “us” and “our” mean Obelisk Fire Safety Ltd;
- “you” and “the Client” mean the person or organisation instructing us;
- “Services” means the services described in our quotation, which may include fire risk assessments, fire door inspections and surveys, and related consultancy;
- “Premises” means the building or buildings, or parts of them, named in the quotation;
- “Report” means any report, assessment, survey, schedule or other written output we provide as part of the Services;
- “Responsible Person” has the meaning given in the Regulatory Reform (Fire Safety) Order 2005; and
- “Accountable Person” has the meaning given in the Building Safety Act 2022.
3Quotations and instructions
Quotations are valid for 30 days from the date of issue unless stated otherwise.
Quotations are based on the information you give us, such as the type, use, size and number of floors of the Premises and the number of doors. If the Premises are materially different from what we were told, we will let you know and agree any change to the fee before carrying out additional work.
A contract is formed when you accept our quotation in writing (including by email or by issuing a purchase order) or when you instruct us to start work, whichever happens first.
4Our Services
We will carry out the Services with reasonable skill and care, using competent and suitably qualified assessors.
Unless the quotation states otherwise, fire risk assessments follow BS 9792:2025 for housing and PAS 79-1:2020 for other premises, and fire door inspections follow the relevant British Standards and recognised industry guidance.
We may use suitably qualified and insured associate consultants or subcontractors to carry out some of the Services. They will be bound by duties of confidentiality and will follow our quality procedures. We remain responsible for the work they carry out on our behalf.
Any timescales we give are estimates unless a fixed deadline has been agreed in writing.
5Your responsibilities
You agree to give us safe and timely access to all areas within scope, including plant rooms, roof spaces, risers and individual flats or rooms where these are included, and to arrange keys, access codes and any escort needed. Where required, you agree to tell residents, staff and other occupiers about our visit.
You agree to give us relevant information we reasonably ask for, such as previous fire risk assessments, fire strategies, building plans, maintenance and testing records for fire safety systems, and details of known defects or previous fire incidents.
You agree to tell us about any hazards on site, including asbestos, unsafe structures and restricted areas, and to make sure the information you give us is accurate and complete.
Instructing us does not transfer your legal duties to us. The Responsible Person, and where relevant the Accountable Person, remains responsible for fire safety at the Premises, for acting on our recommendations within suitable timescales, and for reviewing the fire risk assessment regularly and whenever there is a significant change.
6Site visits and safety
The health and safety of our assessors and the occupiers of the Premises comes first. Our assessors will carry identification and use suitable personal protective equipment.
We may stop or postpone a visit if it is not reasonably safe to continue, for example because of an uncontrolled hazard, aggressive or threatening behaviour, or the lack of safe access. We will explain why and agree a way forward with you.
Any areas we could not access will be recorded in the Report.
7Reports and limitations
Inspections are visual and non-destructive unless agreed otherwise in writing. We will not lift fixed floor coverings, open up the building fabric or remove door ironmongery. Hidden elements, such as fire stopping and cavity barriers, cannot be confirmed unless they are visible.
We do not test fire alarm, emergency lighting, sprinkler or other fire safety systems. We review the records you provide and comment on what we can see.
Where the quotation allows for a sample of flats, rooms or doors to be inspected, our findings are representative of the sample and are not an exhaustive record of every part of the Premises.
Findings reflect the conditions seen, and the information provided, on the date of our visit. We cannot be responsible for changes to the Premises, their use or occupancy after that date.
A Report is not a certificate that the Premises are safe or fully compliant with legislation, and it is not a guarantee that a fire will not occur. It is not a structural survey, an asbestos survey or a design approval.
Recommendations are prioritised by risk. Suggested timescales for action are our professional opinion and are for you to consider in managing the Premises.
Reports are normally issued electronically within the timescale stated in our quotation. Printed copies are available on request.
Please tell us of any factual errors in a Report within 30 days of receiving it. We will correct genuine factual errors at no extra cost.
8Quality checks
Every Report is checked against our quality procedures before it is issued. Reports are written and checked by an assessor with experience of validating other assessors’ fire risk assessments under BAFE SP205-1.
Where an associate consultant or subcontractor carries out any part of the Services, we review their work before the Report is issued to you.
We welcome feedback on every Report, and we use it, together with regular reviews of our own work, to keep improving our service.
9Fees and payment
Our fees are as set out in our quotation and are exclusive of VAT, which will be added at the applicable rate where chargeable. Travel and expenses are included unless the quotation states otherwise.
Unless agreed otherwise, we will invoice on completion of the Services or issue of the Report. Larger or ongoing instructions may be invoiced in stages.
Invoices are payable within 30 days of the invoice date unless agreed otherwise in writing.
We may ask for a deposit, or for payment in full in advance, for new clients, large instructions or where credit checks make this appropriate.
If you dispute any part of an invoice, you must tell us in writing within 14 days of the invoice date, giving your reasons. You must pay the undisputed amount by the due date.
If payment is late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (for business clients) and may suspend further work, including the release of Reports, until the account is settled.
10Cancellation and rescheduling
You may cancel or rearrange a site visit free of charge by giving us at least 48 hours’ notice (not counting weekends or bank holidays).
If you cancel or rearrange with less than 48 hours’ notice, we may charge 50% of the fee for that visit.
If you cancel or rearrange with less than 24 hours’ notice, we may charge 100% of the fee for that visit.
If we attend and cannot carry out the Services because access is not provided, the Premises are not ready, or it is unsafe to proceed for reasons outside our control, this will be treated as a cancellation with less than 24 hours’ notice. The cost of any return visit will also be chargeable.
If you cancel an instruction after work has started, you will pay for the work carried out and the costs incurred up to the date of cancellation.
If we need to cancel or rearrange a visit, we will give you as much notice as possible and agree a new date at no extra cost.
11Consumer clients
If you are a consumer (an individual acting outside your trade or business) and the contract is made at a distance or away from our premises, you have the right to cancel within 14 days of the contract being formed without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you ask us to start work during the cancellation period, you will pay for the Services provided up to the time you cancel. You will lose the right to cancel once the Services have been fully completed. Nothing in these terms affects your rights under the Consumer Rights Act 2015.
12Ownership and use of Reports
We own the copyright in our Reports, templates and methods.
Once our invoice has been paid in full, you have a non-exclusive, perpetual licence to use and copy the Report for the purpose of managing fire safety at the Premises. This includes sharing it with insurers, the Fire and Rescue Service, the Building Safety Regulator, managing agents, contractors and residents.
Reports are prepared for the Client only. No third party may rely on a Report unless we have agreed this in writing, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
You must not alter a Report, or use it for a different building, or for the same building at a later date, without our agreement.
13Confidentiality and data protection
We will keep information about you and the Premises confidential. We will only share it with those who need it to deliver the Services, or where we are required to by law or by an enforcing authority.
If we identify a serious and imminent risk to life, we may share relevant information with the Fire and Rescue Service or another appropriate authority. We will tell you that we have done so unless we are prevented from doing so.
Where we process personal data on your behalf, such as residents’ personal emergency evacuation needs, we act as your processor under the UK General Data Protection Regulation and only on your documented instructions. Personal data we control ourselves is handled in line with the Data Protection Act 2018 and our Privacy Notice.
14Liability and insurance
We hold professional indemnity and public liability insurance. Details are available on request.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
We will not be liable for any loss of profit, revenue, business, rent, contracts or goodwill, or for any indirect or consequential loss.
We will not be liable for any loss arising from inaccurate or incomplete information you provide, from areas we could not access, from defects that were concealed or could not be found by a non-destructive inspection, or from failure to act on our recommendations.
Subject to clause 14.2, our total liability to you for each instruction, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the amount stated in the quotation or, if no amount is stated, to the total fees paid or payable for that instruction.
15Ending the contract
Either of us may end the contract immediately by written notice if the other commits a serious breach and fails to put it right within 14 days of being asked to, or becomes insolvent.
If the contract ends, you will pay for the work carried out and the costs incurred up to that date.
Clauses 12, 13, 14 and 24 continue to apply after the contract ends.
16Non-solicitation
During the contract and for 12 months after it ends, you must not directly engage any associate consultant or subcontractor who worked on your instruction without our written agreement.
17Events outside our control
We will not be liable for any delay or failure to perform caused by events outside our reasonable control, such as severe weather, illness, transport disruption or restrictions on access. We will let you know as soon as possible and agree a new timescale.
18Complaints
If you are unhappy with any part of our service, please contact us at info@obeliskfire.co.uk or on 07407 156178.
We will acknowledge your complaint within 5 working days and aim to give you a full response within 20 working days.
Part B – Website Terms of Use
19Using our website
Our website is provided free of charge for general information about our services. By using it you agree to these terms. If you use it on behalf of an organisation, you confirm you have authority to accept these terms on its behalf.
Content on the website is general information only. It is not professional advice about your particular premises and must not be relied on in place of a suitable and sufficient fire risk assessment or advice from a competent person.
While we try to keep the website accurate and up to date, we do not guarantee that it is complete, accurate or current, or that it will be available without interruption or free from errors or viruses. We may change or withdraw any part of it without notice.
20Prohibited uses
You must not use the website, or any content on it:
- for any unlawful purpose, or to encourage others to carry out unlawful acts;
- to infringe our intellectual property rights or those of anyone else;
- to harass, abuse, defame, intimidate or discriminate against anyone;
- to submit false or misleading information, including through our contact or enquiry forms;
- to upload or transmit viruses or other malicious code;
- to send spam, or to phish, crawl or scrape the website; or
- to interfere with or get around the website’s security features.
We may suspend or stop your access to the website if you breach this clause.
21Intellectual property
All content on the website, including text, images, logos and design, belongs to Obelisk Fire Safety Ltd or our licensors. The Obelisk Fire Safety name and logo are our trade marks. Names and logos of accreditation and membership bodies belong to their respective owners.
You may view, download and print pages for your own reference. You must not copy, republish or use any content commercially without our written permission.
22Links to other websites
Our website may link to other websites, such as legislation, government guidance or industry bodies. A link does not mean we endorse that website. We are not responsible for the content or practices of other websites, and you follow links at your own risk.
23Website liability and indemnity
Subject to clause 14.2, we will not be liable for any loss arising from your use of, or inability to use, the website or reliance on any of its content.
If you use the website in the course of a business, you agree to indemnify us against any liabilities, losses and costs, including reasonable legal fees, arising from any third-party claim caused by your breach of these terms or your misuse of the website.
Part C – General
24General
We may update these terms from time to time. The version in force when you accept our quotation applies to that instruction. Changes to the website terms take effect when posted on the website.
For each instruction, the quotation, any agreed scope and these terms form the entire agreement between us.
If any part of these terms is found to be invalid or unenforceable, it will be amended to the minimum extent needed or removed, and the rest of these terms will continue to apply.
If we do not enforce any of our rights straight away, we may still enforce them later.
These terms, and any dispute arising out of or in connection with them (including non-contractual disputes), are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
25Contact us
Obelisk Fire Safety Ltd, 159 Forest Road, Clipstone, Mansfield, Nottinghamshire, NG21 9DS
Email: info@obeliskfire.co.uk | Phone: 07407 156178