Last Updated: 24 March 2025

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the ProtectMyBuild website www.protectmybuild.co.uk (the “Website”) and the services provided by ProtectMyBuild (“we,” “us,” or “our”). By accessing or using our Website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.  

2. Definitions

• “Client” means a homeowner who uses our services.
• “Builder” means a contractor or building company engaged by a Client.
• “Project” means a construction or renovation project undertaken by a Client.
• “Escrow Account” means the ring-fenced client account held by ProtectMyBuild.
• “Escrow Agreement” means the separate agreement between ProtectMyBuild, the Client, and the Builder governing the terms of the escrow service.
• “Services” means the escrow, project management, and dispute resolution services provided by ProtectMyBuild.
• “ADR” means Alternative Dispute Resolution.

3. Acceptance of Terms

By accessing our Website or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. You agree to abide by these Terms and all applicable laws and regulations.  

4. Services

ProtectMyBuild provides the following Services:

• Escrow Service: We hold Project funds in a secure Escrow Account and release them to the Builder according to the terms of the Escrow Agreement.
• Contract Management: We assist Clients and Builders in creating a clear and comprehensive construction contract. We can provide a professionally drafted contract.
• Project Management Support: We offer guidance and support throughout the Project, helping to ensure it stays on track and that communication between the Client and Builder is clear.
• Dispute Resolution: We facilitate communication between Clients and Builders to resolve disputes. If a dispute cannot be resolved amicably, we provide access to a formal ADR process through our partnership with CEDR www.cedr.com . Please note that there may be additional costs involved with ADR and mediation, which we will explain fully upfront.

5. User Responsibilities

You agree to:

• Provide accurate and complete information when using our Website and Services.
• Comply with all applicable laws and regulations.
• Not use our Website or Services for any unlawful or prohibited purpose.
• Not interfere with the operation of our Website or Services.
• Not attempt to gain unauthorised access to our systems or data.
• Cooperate fully with ProtectMyBuild in the provision of the Services.
• Comply with Anti-Money Laundering Regulations, including providing proof of ID.

6. Fees and Payment

Our fees for the Services are subject to quotation.

A detailed breakdown of our fees will be provided to you before you engage our Services. All fees are payable in accordance with the terms of the Escrow Agreement.

7. Escrow Agreement

The Escrow Agreement is a separate and legally binding contract between ProtectMyBuild, the Client, and the Builder. It governs the specific terms of the escrow service, including the deposit of funds, the payment schedule, and the dispute resolution process. The Escrow Agreement takes precedence over these Terms in the event of any conflict regarding the escrow service itself.

8. Intellectual Property

The content on our Website, including text, graphics, logos, and software, is the property of ProtectMyBuild or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or modify any content from our Website without our prior written consent.  

9. Disclaimer of Warranties

Our Website and Services are provided “as is” and “as available” without any warranties of any kind, express or implied. We do not warrant that our Website or Services will be uninterrupted, error-free, or secure. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not provide any warranty regarding any building or construction works.  

10. Limitation of Liability

To the fullest extent permitted by law, ProtectMyBuild shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Website or Services; (ii) any conduct or content of any third party on our Website; (iii) any content obtained from our Website; and (iv) unauthorised access, use, or alteration of your transmissions or content. Our total liability for any claims arising out of or relating to these Terms or our Services shall not exceed the amount of fees you have paid to us in the 12 months preceding the claim.  

11. Termination

We may terminate your access to our Website and Services at any time, with or without cause, and with or without notice. You may terminate your use of our Services by providing written notice to us. The Escrow Agreement will govern the handling of any remaining funds in the Escrow Account upon termination.  

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.  

13. Dispute Resolution

If a dispute arises between you and ProtectMyBuild, we encourage you to contact us first to attempt to resolve the issue amicably. If we are unable to resolve the dispute through direct negotiation, the dispute shall be resolved in accordance with the dispute resolution process outlined in the Escrow Agreement, which includes access to mediation and, if necessary, arbitration through CEDR www.cedr.com

14. Changes to these Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our Website and updating the “Last Updated” date. Your continued use of our Website or Services after any such changes constitutes your acceptance of the new Terms.  

15. Cancellation

You have the right to change your mind and cancel within 14 days of instructing us.

16. Contact Us

If you have any questions about these Terms, please contact us at:

ProtectMyBuild
FORT DUNLOP, FORT PARKWAY, BIRMINGHAM. B24 9FE
INFO@PROTECTMYBUILD.CO.UK
0121-726-9020