Terms of Service

1. Agreement to Terms

These Terms of Service govern the engagement of SoilSmart Engineering (a division of SoilSmart Group) by any client or prospective client. By submitting an enquiry, signing a proposal, or accepting a quotation from SoilSmart Engineering, you agree to be bound by these terms. These terms are subject to Nigerian law.

2. Scope of Services

SoilSmart Engineering provides professional geotechnical investigation, structural assessment, environmental consulting, foundation design, regulatory compliance reporting, and construction monitoring services. The specific scope of work, deliverables, timeline, and fees for each engagement will be set out in a written Proposal and Letter of Engagement, which forms part of our contractual agreement with each client.

3. Quotations and Proposals

• All quotations are valid for 30 days from the date of issue unless otherwise stated.
• Acceptance of a quotation must be provided in writing (email is acceptable).
• Quotations are based on information provided by the client. Material changes to project scope may require a revised quotation.
• SoilSmart Engineering reserves the right to decline any engagement without obligation to provide a reason.

4. Payment Terms

• All fees are quoted and invoiced in Nigerian Naira (₦) unless otherwise agreed.
• A mobilisation deposit (typically 50% of the agreed fee) is required before fieldwork or report preparation commences.
• The balance is due upon submission of the final deliverable (report or design) unless a different payment schedule is agreed in writing.
• Invoices unpaid within 30 days of issue may attract a monthly interest charge of 2% on the outstanding balance.
• All bank charges and transfer fees are the responsibility of the client.

5. Client Responsibilities

The client is responsible for:

• Providing accurate and complete information about the project site, including any known hazards, underground services, or access restrictions.
• Obtaining all necessary site access permissions before fieldwork commences.
• Ensuring the site is safe for our personnel during investigation or monitoring activities.
• Reviewing and responding to draft reports within an agreed timeframe (typically 10 business days).

6. Deliverables and Intellectual Property

All reports, designs, drawings, and technical documents produced by SoilSmart Engineering remain our intellectual property until full payment is received. Upon final payment, the client is granted a licence to use the deliverables for the specific project described in the Letter of Engagement. Deliverables are prepared for the sole use of the named client and must not be used by, or relied upon by, any third party without our written consent.

7. Professional Liability

SoilSmart Engineering's services are provided with reasonable professional skill and care in accordance with accepted engineering practice in Nigeria. Our total liability to any client for any claim arising from professional negligence shall not exceed the total fees paid for the specific engagement giving rise to the claim. We are not liable for any consequential, indirect, or special losses. Any claim must be notified in writing within 12 months of the date of the relevant deliverable.

8. Cancellation

• Cancellation by the client after work has commenced will result in invoicing for all work completed to the cancellation date, plus any irrecoverable third-party costs (laboratory fees, equipment hire, etc.).
• Cancellation before mobilisation: the full mobilisation deposit is refundable less any costs already incurred.
• SoilSmart Engineering may terminate an engagement with immediate effect if the client is in material breach of these terms (including non-payment).

9. Confidentiality

Both parties agree to keep all project-related information confidential and not to disclose it to third parties without the prior written consent of the other party, except where required by law or regulatory authority. This obligation continues for 5 years after the completion of the engagement.

10. Force Majeure

Neither party shall be liable for delays caused by events beyond their reasonable control, including but not limited to natural disasters, civil unrest, government action, or severe weather conditions. The affected party must notify the other in writing within 5 days of such an event.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Nigeria. Any disputes shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be referred to arbitration in Abuja under the Arbitration and Mediation Act 2023 of Nigeria. The parties agree to keep arbitration proceedings confidential.

12. Contact

SoilSmart Engineering
Abuja, FCT, Nigeria
Email: soilsmartng@gmail.com
Phone: +2348085567005 | +2348165588554