Terms & Conditions

ProFire Compliance Limited
Company Number: 16320796

Registered in England and Wales
Effective Date: 18^th March 2025

DEFINITIONS

The definitions and interpretations listed below shall apply:

Client: The organisation indicated in the schedule.

Document: Includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.

Services: The services to be provided by the supplier to the client.

Supplier: The organisation indicated in the schedule.

Significant findings: Significant hazards and risks to persons that were found by the assessment; precautions already in place to protect persons from fire; and preventive and protective measures (i.e. general fire precautions or fire safety measures) that will be taken to address the hazards and risks identified by the risk assessment.

Site representative: Individual nominated by the client to assist the fire risk assessor.

Supplier’s representative: The supplier’s manager for the services.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1. Introduction

These Terms of Business (“Terms”) govern the provision of fire safety services, including fire risk assessments, by ProFire Compliance Limited (“we”, “us”, or “our”) to the client (“you” or “Client”). These Terms, together with any written quotation or scope of work, form the entire agreement between the parties.

By instructing us to proceed with services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

 2. Scope of Services

Life safety

The supplier will carry out a fire risk assessment to meet the requirements of relevant national life safety legislation. The supplier will inspect the site, discuss fire safety provisions with on-site staff and prepare a risk assessment report.

The fire risk assessment report will detail the significant findings of the assessment. Where necessary, the report will provide recommendations for additional measures the assessor deems necessary, to reduce or maintain risk from fire at a tolerable level.

As part of the requirement for the supplier to undertake this assessment, it would be necessary for the client to arrange for suitable access to all areas required to be inspected. This includes the provision of suitable facilities to gain access to ceiling voids etc., as needed during the inspection itself.

This does not imply that the assessor will inspect every void etc, but may simply sample selected locations.

This scope of services does not make provision for any client meetings, beyond the inspection, to discuss the assessment report and associated findings.

Design of any recommended facilities will be carried out by others or upon a new agreed scope of services.

Once the fire risk assessment inspection and report is completed and issued to the client, then this scope of services will be complete.

This scope of services and the fire risk assessment methodology within it, is intended to assess measures that facilitate the protection of people from fire. It may inherently assess property protection issues and business continuity to some extent, but that is not the primary purpose of the assessment proposed.

Property protection and business continuity

Should the client wish to broaden the scope of this assessment to cover both property protection and business continuity issues, then a separate scope of services can be provided.

PROPOSAL

Any proposal claiming to be in accordance, compliance or conformity with this standard scope of service shall be accompanied by a schedule, based on the schedule contained in this document.

The information contained in the schedule provided with the proposal shall contain, as a minimum, the information contained in the schedule in this document.

The nature and extent of any deviation from the standard scope of service shall be clearly indicated in the schedule.

DOCUMENTATION

There is no single correct means of documenting a fire risk assessment, nor are there specific definitive requirements within legislation for the content of a documented fire risk assessment, only that the ‘significant findings and any group or individual at risk are recorded. The supplier will therefore make a judgement as to what constitutes ‘significant findings and occupants especially at risk. However, the findings should include measures taken in the premises to satisfy the relevant fire safety legislation, and all additional measures that are recommended to be taken by the fire risk assessor.

The report only addresses those parts of the property which were accessible at the time of the visit, and all recommendations included within this report are solely based upon the evidence seen at the time of the inspection.

Risk assessment is a subjective process, and no assurances can be guaranteed that subsequent inspections undertaken by enforcing authorities will not result in a different evaluation of the level of fire risk.

The supplier will provide a risk assessment report. The report will identify the principles of the approach to fire safety which has been adopted for the premises. It is intended that the fire risk assessment reports should, among other things, be used as a reference document, when changes or maintenance are carried out in the premises.

The supplier’s standard fire risk assessment reports will adopt a structured approach to the fire risk assessment, which largely follows the principles in PAS 79: 2020 and covers the nine steps to fire risk assessment established in PAS 79. A summary of the nine steps contained in PAS 79 are provided in Annex 1 (at the end of this document) for information but does not form part of this scope.

This does not imply that the sample template for recording significant findings contained with PAS 79 need be used.

Should the client have any preference for an alternative scope of the fire risk assessment or the structure or layout of the report, then this is to be discussed and agreed with the client prior to commencement of work and clearly defined within the schedule.

Duties of the client/employer

The supplier will require relevant information about the premises, the processes carried out in the premises, and the occupants of the premises. This information will be obtained by interviewing the client, the client’s representative or the site representative. This information may be obtained from documents and/or through interview prior to carrying out, or in some measure during, the physical inspection of the premises.

The client’s representative will need to be afforded the time and access to enable the assessor to inspect all necessary areas and ask all relevant questions on the day of assessment. Failure to afford this information will hinder the production of the report and increase the time incurred in undertaking the FRA.

METHODOLOGY

On receipt of the client’s instruction to proceed, a representative of the supplier will contact the client’s representative and agree or confirm:

• Time date and place of the fire risk assessment.
• The identity and contact details of the site representative.
• Any special arrangements concerning health and safety which may include, but not be limited to, health and safety procedures, required personal protective equipment (PPE) and site safety induction.

On completion of the risk assessment site visit, the fire risk assessor will debrief with the client’s representative (where present) before leaving the site.

A report will be compiled and forwarded to the client’s representative.

The fire safety standards on-site will be measured against a benchmark which may be based upon approved Codes of Practice, British or European Standards, Government or Agency Standards documents or Industry Standard documents.

The report may incorporate digital photographs where appropriate or where required by the client.

INCLUSIONS

The documented fire risk assessment issued to the client by the supplier shall include the following:

• The identity of the duty holder / responsible person.
• The exact location and extent of the premises that has been assessed. Where the client has more than one site, more than one premises on a site or occupies only part of a site or premises, the documented fire risk assessment should contain sufficient detail to ensure that the client and any interested party can identify the location covered by the fire risk assessment.
• The date(s) on which the premises were visited by the assessor and the assessment was carried out.
• The identity of key individuals from whom information was obtained as part of the assessment.
• The criteria and recommended date by which the assessment should be reviewed.
• The significant findings.
• An overall assessment of risk.
• Information required by relevant legislation.
• A list of actions arising from the assessment indicating the severity and urgency, and an indication of the timescale in which each action should be completed.
• A unique reference identifier.

The fire risk assessment shall identify all the important aspects of fire safety on the premises in the report, with sufficient supporting commentary to enable the client or the client’s representative, to comprehend the level and adequacy of life safety provision/s that should be provided on the premises. The fire risk assessment shall have considered and documented the following:

• The nature of the premises and the processes carried out on the premises.
• Size, height, construction and use of premises.
• Occupants of the premises, including those especially at risk in the event of fire. This should include but not be limited to the public, people with disabilities and those who are especially at risk because of the nature of the work they do.
• Previous fire incidents on or near the premises including the cause, where known, and any lessons drawn from the incident.
• Involvement of enforcing authorities which result in additional duties being placed on the persons responsible for the premises.
• Arrangements with the emergency services.
• Information about potential causes of fire which should include, but not be limited to:
  
  • Electrical faults.
  • Portable heaters etc.
  • Hot works.
  • Housekeeping
  • Other significant ignition sources or process hazards
• Process fire risks excluded from the scope of the fire risk assessment
• An appropriate overall risk matrix taking in to account the likelihood and consequence of fires arising from these causes and qualifying the overall risk
• Means for detecting fire and giving warning to occupants.
• Means of escape from the premises (including provisions for disabled persons)
• Fire safety signs and notices
• Emergency escape lighting.
• Means to limit fire spread and development of fire.
• Means for fighting fire.
• Other relevant firefighting systems and equipment; if provided.
• Maintenance of facilities to assist fire fighters.
• Emergency action plan.
• Staff training and fire drills.
• Testing and maintenance of fire protection measures.
• Record keeping.
• Cooperation and coordination with other occupiers of the premises and neighbouring premises.
• Action plan.
• An appropriate review period expressed.

The forgoing list does not imply that the exact headings would be used or that they would be presented in the same order.

Access

• Where readily accessible, unless specifically excluded, the assessor will inspect all parts of the premises. Where relevant, this will include outbuildings, external stores and outdoor service premises. Voids, cupboards, ducts and service risers will be sampled.
• Any part of the premises to which the assessor does not gain access shall be identified in the documented fire risk assessment.
• Should dangerous conditions be encountered during the assessment, or hazardous practices observed, the assessor will bring the matter to the attention of a duty holder as soon as possible, where possible before leaving the site. The assessor will not intervene or take any steps personally to resolve the situation.

EXCLUSIONS

Unless clearly stated to the contrary, the fire risk assessment will be non-intrusive. That is to say the assessor will not:

• Make any holes.
• Apply any tools (e.g. screwdriver, hammer, crowbar).
• Carry out any functional test of fire protection measures (e.g. operate smoke vents or emergency lighting).
• Provide or use access equipment (other than short step ladders)
• Carry out any measurements other than approximations of distance (e.g. sound pressure levels of fire alarms).
• Take or analyse any samples (e.g. any part of the fabric of the premises, fire resisting materials or combustible/flammable materials).
• Enter into any private dwelling in the case of flats, apartments, maisonettes or similar dwellings, other than as necessary to report properly on measures required under the relevant fire safety legislation (e.g. the fire resistance of flat entrance doors). Depending on the scope of the fire risk assessment and the legal jurisdiction, this may exclude houses in multiple occupation.

This scope of services does not include follow-up meetings.

Where the fire risk assessor identifies a need for alterations or modifications to the premises, passive fire protection or active fire protection, the fire risk assessment will not include detailed method statements or a formal scope of services.

The fire risk assessment will not encompass property protection and business continuity issues.

The fire risk assessment will not include the production of drawings and will not include the marking up of plan drawings unless specified in the schedule.

The fire risk assessment will not include consideration of process related risks covered by COSHH and DSEAR legislation.

HEALTH & SAFETY CONSIDERATIONS

The client will remain responsible for the health and safety of the assessor, while the assessor is on the client’s premises.

The client will provide the assessor with relevant information about significant health and safety hazards and control measures, including the presence of asbestos.

The assessor shall, where necessary, provide basic PPE including hard hat, high visibility jacket or waistcoat and protective footwear. The client shall provide PPE appropriate for all other hazards including, but not limited to, ear defenders, fall arresters, breathing apparatus and floatation aids.

Where safety training is required, on-site the client shall inform the supplier prior to any contract being agreed and provide the training free-of-charge.

During the assessment, all site safety rules, and control measures will be observed. No activities will be undertaken by the risk assessor that will create either additional hazard or raise the risk level from any existing hazard on-site.

The assessor may refuse to enter any area where the assessor suspects that their health and safety may be at risk. The assessor will, as far as is practical, inform the site representative of the nature of the hazard. The assessor will not enter the area until or unless the hazard is removed or the assessor is satisfied that the risk has been reduced to a tolerable level. The assessor will state on the risk assessment report, those areas not inspected or assessed and why.

QUALITY

The supplier should be able to demonstrate that they are capable of providing fire risk assessments of a consistently high standard. This would be demonstrated by at least one of the following:

• The supplier organisation being listed on the FIA Fire Risk Assessors Register, preferably.
• The supplier organisation being third party certificated to an appropriate scheme by a UKAS accredited certification body.
• The individual carrying out the fire risk assessment being third party certificated to an appropriate scheme by a UKAS accredited certification body; or
• The individual carrying out the fire risk assessment being listed on an appropriate professional body register.

A supplier who is listed on the FIA Fire Risk Assessors Register would have signed the FIA Code of Practice. After October 2014, suppliers listed on the FIA Register will be certificated by a UKAS accredited certification body.

A supplier who has obtained quality assurance certification of organisations or individuals offering life safety fire risk assessment services through a UKAS accredited certification body, would have demonstrated technical and management competencies to undertake life safety fire risk assessments as required by, The Regulatory Reform (Fire Safety) Order 2005, the Fire (Scotland) Act 2005, and the Fire and Rescue Services (Northern Ireland) Order 2006 and is currently listed as a certificated company.

The supplier shall clearly indicate on the schedule, which of the methods they have used to demonstrate quality and competency:

• UKAS accredited organisation certificated under a TPC scheme, by a UKAS accredited certification body.
• The fire risk assessors are certificated by a UKAS accredited certification body.
• Other Individual TPC scheme.
• The supplier’s risk assessors are listed on a professorial fire risk assessors’ register.
• Other organisation TPC.
• None of the above.

In addition to the above, the supplier shall provide documentary evidence where this is requested by the client.

The Fire Risk Assessment Competency Council (on which are represented major stakeholders in the field of fire safety) and the FIA, recommend that the use of suppliers that are able to demonstrate by the means set out in the points above.

INSURANCES

Professional Indemnity Insurance

The supplier undertakes and warrants that it currently maintains in force, professional indemnity insurance, without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom, up to a limit in respect of each and every claim of not less than one million pounds, and that provided such insurance is available on reasonable commercial terms and rates in the insurance market, it shall maintain such insurance until 18 months after practical completion of the works.

Public liability insurance

The supplier undertakes and warrants that it currently maintains in force public liability insurance, without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom, up to a limit in respect of each and every claim of not less than one million pounds, and that provided such insurance is available on reasonable commercial terms and rates in the insurance market.

Employers’ liability

The supplier undertakes and warrants that it has at all material times maintained and currently maintains in force, employers’ liability insurance, without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom in accordance with United Kingdom law.

CONFIDENTIALITY AND THE CLIENT’S PROPERTY

The supplier will keep confidential all matters related to the client’s commercial activity.

3. Client Responsibilities

You agree to:

• Provide unrestricted access to all relevant areas, including communal spaces, stairwells, plant rooms, and locked service areas;
• Ensure a competent site representative is present during the assessment to facilitate access and answer operational questions;
• Supply all relevant documentation, including floor plans, fire safety certificates, maintenance records, previous FRAs, and evacuation strategies;
• Notify us in advance of any known hazards, safety risks, or obstructions;
• Acknowledge that failure to provide access or information may result in an incomplete report and limit our ability to identify significant risks;
• Accept responsibility for implementing the recommendations outlined in the final report in a timely and appropriate manner.

We accept no liability for matters concealed, inaccessible, or not disclosed at the time of inspection.

4. Fees and Payment Terms

• Fees will be agreed in writing in advance of service delivery.
• Invoices are issued upon completion of services and are payable within 14 calendar days.
• At the company’s sole discretion, the final report may be withheld until full payment is received
• Late payments may incur statutory interest at 8% per annum above the Bank of England base rate, under the Late Payment of Commercial Debts (Interest) Act 1998.
• We reserve the right to withhold delivery of final reports or suspend further work pending payment of overdue invoices.

All fees quoted are exclusive of VAT unless stated otherwise.

5. Report Use and Limitations

• Reports reflect the conditions found at the time of inspection and are valid only on the date of assessment.
• Reports are for the client’s internal use only and must not be shared with third parties without our prior written consent.
• No warranty is given that the premises comply with current legislation. Our reports are based on professional judgment, not legal determinations.
• Assessments are non-intrusive and do not involve destructive testing or inspection of concealed spaces unless explicitly agreed.
• We are not responsible for the implementation, verification, or certification of remedial actions unless contracted to do so separately.

6. Data Protection and Confidentiality

6.1 Compliance

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

6.2 Data Collected

We may collect and store:

• Client contact information
• Site access details and layout drawings
• Fire logbooks, certificates, and incident reports

6.3 Lawful Basis and Use

Data is processed for:

• Fulfilling contractual obligations
• Legal compliance and insurance purposes
• Internal record-keeping and service improvement
• We do not share data with third parties except as strictly necessary to perform our services or meet legal obligations.

6.4 Confidentiality

All client information is treated as confidential and will not be disclosed unless:

• You give explicit consent;
• Required by law or regulatory body;
• Necessary to defend a legal claim

6.5 Data Security

All data is securely stored in encrypted cloud-based systems (see screenshot). Access is limited to authorised personnel only. Devices used are password-protected and comply with current cybersecurity best practices.

6.6 Data Retention

• Reports and project files are retained for up to 6 years from the date of service to comply with legal and insurance requirements.
• Personal data not essential to legal recordkeeping is deleted or anonymised.

6.7 Data Subject Rights

You have the right to access, correct, or request deletion of your personal data and may lodge a complaint with our Data Protection Officer at: info@profirecompliance.com

7. Insurance and Limitation of Liability

• We hold adequate Professional Indemnity Insurance and Public Liability Insurance for the services provided.
• Our total liability to you for any claim (including negligence or breach of contract) is strictly limited to the total amount paid for the relevant service.
• We accept no liability for:
  • Indirect, consequential, or economic loss;
  • Fire safety works implemented by third parties;
  • Hazards not visible or accessible at time of inspection.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or any liability that cannot be excluded by law.

8. Cancellation, Rescheduling & Access Failure

• Cancellations with less than 48 hours’ notice may be charged at 50% of the agreed fee.
• If we attend site and are unable to complete the assessment due to lack of access or documentation, a call-out charge of up to 75% of the full fee may apply.
• Requests to reschedule must be made in writing at least 2 business days in advance.

9. Conflicts of Interest

We will act with integrity and impartiality in all engagements. If a conflict of interest arises, we will:

• Immediately notify the client;
• Take appropriate steps to eliminate the conflict or withdraw from the engagement if necessary.

10. Complaints

Complaints should be made in writing to: info@profirecompliance.com

We aim to:

• Acknowledge complaints within 5 working days
• Provide a full written response within 14 working days or advise if further time is required

11. Force Majeure

Neither party shall be liable for delay or failure to perform their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, strikes, pandemics, or government restrictions.

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

13. Acceptance of Terms

By instructing ProFire Compliance Limited, you acknowledge that you have read and accepted the scope of services outlined above and accept the attached Terms of Business issued by ProFire Compliance Limited.

ANNEX 1 (INFORMATIVE) – NINE STEPS TO FIRE RISK ASSESSMENT

Step 1: The first step is to obtain relevant information about the premises and the occupants of the premises. Where persons present in the premises include staff who provide assistance or care for vulnerable persons, the number, roles and availability of staff over the course of any 24 h period (particularly during the night) needs to be determined. Information about previous fires is also of value, particularly where the organization has multiple sites with common operations. Much of the relevant information can usually be obtained by interviewing a relevant representative(s) of the management, prior to carrying out a physical inspection of the premises. At that stage, it is important that relevant information is obtained about the occupants of the premises, particularly those especially at risk in the event of fire. For example, in supported housing, it would be necessary to obtain information about the residents’ disabilities, and about the availability of staff to assist residents, if necessary, in the event of fire. Other than in the case of small, simple premises, the fire strategy for the building (if a documented fire strategy exists) is likely to be of value to the fire risk assessor. The term “fire strategy”, in this context, includes the fire safety information that, for a modern building, is included in the package of information that, in England and Wales, is handed over to the dutyholder as part of compliance with Regulation 38 of the Building Regulations 2010 [22].

Step 2: The second step is fire hazard identification and the determination of existing measures for the elimination or control of the identified fire hazards. This normally involves a combination of interviewing the management and inspection of the premises

Step 3: The third step is to make a (subjective) assessment of the likelihood of fire. This is based primarily on the findings of step two. However, the assessment of the likelihood of fire also takes into account any relevant information obtained in step one.

Step 4: The fourth step is to determine the physical fire protection measures relevant to the protection of people in the event of fire. The relevant information can, again, be obtained partly from the initial discussion with management, but is primarily obtained by inspection of the premises, so that the level of fire protection can be determined.

Step 5: The fifth step is to determine relevant information about fire safety management.  This primarily involves discussion with management, but might also involve examination of documentation, such as records of testing, maintenance and training of staff (where present).

Step 6: The sixth step is to make a (subjective) assessment of the likely consequences to occupants in the event of fire. This assessment needs to take account of the fire risk assessor’s opinion of the likelihood of various fire scenarios, the extent of injury that could occur to occupants in these scenarios, and the number of people who are likely to be affected. This assessment is principally based on the fire risk assessor’s findings in steps four and five but takes account of information obtained in step one.

Step 7: The seventh step is to make an assessment of the fire risk and to decide if the fire risk is tolerable.  The fire risk is assessed by combining the likelihood of fire and the consequences of fire.

Step 8: The eighth step is to formulate an action plan, if this is necessary to address shortcomings in fire precautions in order to reduce the fire risk. Even if fire risk is assessed as tolerable, there is often a need for minor improvements in fire precautions.

Step 9: Thereafter, in the ninth step, a period of time after which the FRA is to be reviewed needs to be determined (assuming that earlier review is not necessitated by changes to the premises and that there is no reason to suspect that the FRA is no longer valid).