Terms & Conditions of Engagement:
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1.0 Purpose of this page:
1.1 This document sets out the terms upon which we will be acting for you. The Terms shall apply to all services which you ask us to supply, unless we notify you in writing to the contrary.
1.2 The "service provider" is You Architecture Ltd.
1.3 The "Client” is the building owner/occupier or the person on their behalf who commissions services from us and their details are shown on the estimate/quotation letter.
1.4 The "Agreement” means the agreement between us and the Client including these Conditions of Engagement.
1.5 Any new Agreement will supersede the previously agreed terms.
1.6 For the purpose of this document, we/us/our shall mean You Architecture Ltd, and You shall mean the Client or the Individual or Organisation requesting works to be carried out.
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2.0 Services:
2.1 We issue you with a list of services in writing to be provided by us, and you will agree to the Services and any specific quality standards to be provided by us.
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3.0 Our responsibilities:
3.1 We shall carry out the agreed works in line with the agreed brief and schedule of services with care, diligence and skill to comply with your instructions.
3.2 If necessary or when requested, we shall keep you informed of progress in the performance of the services.
3.3 We shall not disclose to any other person Confidential Information unless disclosure is necessary for the proper performance of the services, or in order to take professional advice in relation to this Agreement or the services, or in order to obtain/maintain insurance coverage as required by this Agreement or disclosure is required by law or because of disputes arising out of or in connection with this Agreement.
3.4 We shall use all reasonable endeavours to integrate into the design, for which we are responsible, the surveys, designs or calculations of the other consultants, specialist contractors or subcontractors, provided that we shall not be responsible for the accuracy or errors within such surveys, designs or calculations.
3.7 If requested, we may act as the Client’s agent to apply for necessary and relevant statutory approvals (such as planning permission and building regulations approval) and will use all reasonable endeavours to obtain them, but cannot guarantee that such approvals will be obtained.
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4.0 Client’s responsibilities:
4.1 The client will provide us with clear, timely and accurate instructions that allow us to carry out our work properly.
4.2 The client will not ask us to work in an improper, unprofessional, risky, unsafe, unhealthy, unethical or unreasonable way or deliberately mislead us.
4.3 Co-operate with us at all the times to the benefit of your project and make necessary arrangement for any site visit/survey requested by us.
4.4 Provide us with all the required information, documents and explanation in a timely manner. Provide all the information in your possession, or reasonably obtainable, which is necessary for the proper and timely performance of the Services. We shall be entitled to rely on such information.
4.5 Provide us with any agreed funds we may request to carry out your project in a timely manner. Ensure on-time payment for our services as set out in this agreement.
4.6 Preserve documents relevant to your project. We shall have no responsibility to preserve such documents unless we agreed in writing to act as a document controller or similar to take care of your documents.
4.7 Give decisions and approvals and shall take such actions necessary for the proper and timely performance of the services.
4.8 Obtain all necessary permission and consents that may be required before the commencement of our services or the works on site. We accept no liability for any works carried out without or prior to relevant legal consents or permissions. Any delay or cost as a result of this will be the sole responsibility of the Client.
4.9 When required, appoint any other professional specialist services on the understanding that those fees shall be separate from, and additional to, those charged by us. We shall not be responsible or liable for the work of those other professional specialist services.
4.10 Ensure that a safe and healthy environment is provided for us to carry out our work. We must not be requested to carry out any task including a site visit, survey and meeting that might potentially cause risk to our health and safety. We reserve our rights to refuse to do such tasks or terminate the agreement if we feel it is risky, unsafe or unhealthy to continue working. In that case, alternative arrangements should be agreed on.
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5.0 Timescale and flow of work:
5.1 You shall provide us with a clear brief outlining your full requirements in writing for the avoidance of doubt. You shall supply/confirm a statement of your full requirements and shall advise the relative priorities of these requirements. This will form the basis of the project brief and our quotation. Any alterations in the scope of works shall change the quoted fees and any other terms agreed between the parties.
5.2 You shall send official instruction in reply to our estimate or quotation. This can be in the form of a signed letter or an email which both formats will bind the client to accept the terms and conditions herein.
5.3 You shall make necessary arrangement for the site visit/survey requested by us. We will accept no responsibility if safe and secure access is not provided for the part or entire building and you will be charged again if another visit/survey will be required as a result of this.
5.4 We shall provide you with the agreed services or drawings and endeavour to work in line with the agreed time scales but time shall not be of the essence in the performance of any services.
5.5 Upon submission of the draft drawings you will be given the opportunity to make any amendments to the drawings at this stage. For the avoidance of doubt, the schedule of amendments will need to be submitted to us in writing. The full list of amendments will be given to us in a single interval to avoid disturbance to the flow of work. This can be in the form of a letter or an email but must be contained in a single document and must be in writing. Any amendments to the drawings post this stage will be subject to additional charges as per our time charge listed below. All further amendments required by the client must be provided in writing.
5.6. We shall submit your application upon your approval of the drawings/documents and the necessary payments. We need your approval in writing in order to give us the authorisation to submit your application on your behalf.
5.7 In the event of an application refusal or withdrawal, a resubmission will be carried out at an extra charge; unless free resubmission is agreed in the original agreement. In this event, the brief must be identical to the original agreed brief.
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6.0 Payment schedule:
6.1 The amount of the fee, the payment schedule and dates for invoicing the fee shall be as outlined in the estimate/quotation.
6.2 You are required to pay a minimum of 50% upfront as a deposit upon instruction and prior to a measured site survey, unless otherwise agreed in writing. If the agreed fee is £500 or less, all fee will be payable upon instruction, unless otherwise agreed in writing.
6.3 We will send you a bill for full payment upon submission of our draft drawings, unless otherwise agreed in writing.
6.4 Our payment term is up to 15 days from the date of the invoice; Or, full payment should be made before making any final submissions; whichever is earlier.
6.5 In the event of our bills remaining unpaid for more than 15 days we reserve the right to cease all work on your project/s until payment is made. We accept no liability for any project delay or loss due to your late payments or delay in paying our fees.
6.6 Payments made later than 15 days from the deadline date of any given invoice are subject to a £25 administration charge per reminder. We shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment. Interest shall be charged at 5% above the Bank of England base rate from time to time.
6.7 Invoices that remain unpaid for a period of 8 weeks may be passed onto a Debt Collection agency which may carry out further action including but not limited to legal action. We reserve our statutory right to claim interest and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to agreed terms. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment.
7.0 Additional fees:
7.1 Our charges are based on the original agreed services/brief/quotation provided to you in writing. Any addition or variation to the Services and any additional time we spend on your behalf that does not form part of the agreed services/brief/quotation will be considered as additional work which will entitle us to charge you an additional fee. Our Charges for time spent on additional work are calculated based on hourly (60 minutes) unit. The hourly rates will be confirmed upon request and shall be agreed in writing.
7.2 In the event that we for reasons beyond our reasonable control incur extra work or loss and expense, we shall be entitled to additional fees calculated on a time basis as set out in this document unless otherwise agreed. Matters in relation to which we shall be entitled to additional fees include but are not limited to circumstances where:
7.2.1 We are required to vary any item of work commenced or completed pursuant to this Agreement.
7.2.2 We are required to provide a new drawing or revision after the Client has approved a drawing; Or provide amendments after the client has issued an agreed schedule of amendments as noted above.
7.2.3 We are required to make amendments to the agreed project brief, approved drawings or once the design has been submitted for a planning application.
7.2.4. The Services are delayed, disrupted or prolonged in circumstances outside of our control for reasons including but not limited to extended contract periods and delays to our work due to circumstances outside of our control.
7.2.5 We are required to submit additional planning applications, discharge conditions of planning consent and/or make an application for material or non-material amendments to planning consent.
7.2.6 We are required to carry out work related to party wall negotiations and information required for party wall awards.
7.2.7 We are required to carry out working drawings, specification and schedules for construction purposes to revise the approved design.
7.3 The fees related to the structural calculations, Building Control package, full working drawings, construction details, tender package, manhole application, Heritage report, Planning Statement, Energy Assessment, SAP Calculations/Assessment, condition discharge application, appeal application, tree report, arboricultural report, impact assessment, interior design, 3D model visualisation, design/technical coordination, contract administration, site inspection/supervision, project management/supervision, party wall matters as well as amendments after approval, if requested, are not included in our quote unless otherwise agreed in writing. Our fees shall not include local authority fees or charges associated with statutory approvals and other professional or specialist services.
8.0 Copyright:
8.1 We shall own the copyright in the original work produced in the performance of the Services and generally assert our moral rights to be identified as the author of such work. No part of any design by us may be registered, copied or reproduced. The Material may not be used for reproduction of the design for any part of any extension of the Project, and/or for any other project except on payment of a licence fee to be subsequently agreed.
8.2 The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by us (“the Documents”) shall remain vested in us. We shall not be held liable for any use of the Documents for any purpose other than that for which they were prepared and provided by us.
9.0 Liability:
9.1 We shall maintain professional indemnity insurance with a limit of £250,000 provided such insurance continues to be offered on commercially reasonable terms to us at the time when the insurance is taken out or renewed.
9.2 We accept no liability for any matters related to Party Wall Act 1996 or CDM Regulations 2015.
9.3 The Client acknowledges that we do not warrant that permissions and other approvals from third parties or Local Authorities e.g. planning permission, building control approval, freeholder consent, structural engineer, fire consultant, acoustic engineer will be granted at all, or if granted, will be granted in accordance with the specified requirements, expected result or anticipated time-scale; or without conditions requiring discharge; or without the requirement of amendments.
9.4 We will not hold any responsibility whatsoever for any works, materials, goods or workmanship carried out by any other consultants, or companies, contractors, sub-contractors or persons not employed by You Architecture, including but not limited to, party wall surveyors, structural engineers, fire consultants, acoustic engineers, M&E engineers and building contractors etc.
9.5 We shall not be responsible for the work of, or design by, the building contractor nor for any failure of the building contractor to complete the building work in accordance with the terms of the building contract.
9.6 We shall have no liability for the works that should be carried out, designed, supplied and installed by specialists or subcontractors as per specified in the drawings.
9.7 We shall have no liability for the measured survey and its accuracy. Upon your request, we can provide survey drawings that are usually sufficient for planning purpose. However, you are advised to hire a specialist surveyor with specialist equipment if you need a very accurate survey, especially for construction purpose.
9.8 If any variation is made to our design without our permission or if the drawings are used for a purpose outside its specific intended purpose, we accept no liability for the entire design.
9.9 The client is solely liable for any works carried out without the statutory approval of the relevant authorities or third parties. We accept no liability for any unauthorised works or any breach of planning conditions and requirements. Any delay or cost as a result of this will be the sole responsibility of the client.
9.10 No employee of You Architecture Ltd, including any officer or director of a company or a member or any agent of the company, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from the performance of the Services.
9.11 We shall have no liability to the Client under this Agreement after the expiry of three years from the completion of our services.
10.0 Suspension or Termination:
10.1 Both parties may suspend the performance of any or all of the Services or other obligations prior to those Services being carried out by giving not less than 7 days’ notice and specifying the Services affected.
10.2 The Termination Notice shall not take effect for a further seven days to provide the opportunity for the other party to respond to such Termination Notice. If after these additional seven days, the reasons for the Termination cannot be set aside through written agreement, the Agreement will be terminated and the termination will take effect without any further action or notification.
10.3 We may suspend performance of the Services and/or other obligations stating the reasons for doing so in the event that:
10.3.1 The Client fails to pay any fees or other amounts due by the final date for payment.
10.3.2 The Client is in material or persistent breach of the obligations under this Agreement.
10.3.3 The Client (or anyone of them if there is more than one) is adjudged to bankrupt or enters into a voluntary arrangement with creditors.
10.3.4 We are prevented from or impeded in performing the Services for reasons outside of our reasonable control; Or force majeure.
10.3.5 We are requested to provide services in an improper, illegal, unprofessional, risky, unsafe, unhealthy, unethical or unreasonable way; or when we are deliberately misled by the client; or when we believe it is a risk to our health and safety if we continue the works.
10.4 In the event of suspension or termination whether by the client or by us all fees and expenses incurred up to the date of the termination will be payable to us by the client. The fees of the works that are carried out will not be refundable.
11.0 Expenses and Disbursements:
11.1 All drawings will be issued in PDF Format. You are also entitled to (upon request) one set of the completed drawings in hard copy in A3 format. We strictly do not issue CAD/DWG Version of any of our drawings.
11.2 Unless agreed otherwise in writing, our fees do not include expenses such as fees payable to the local authority, external consultants, other third parties or any other necessary expenses e.g. OS location maps, utility searches, travel and parking that are incurred in connection with your project, which will be charged to you as separate items on our bills. We will, however, seek your authority before incurring any additional costs unless they are non-exceptional items (printing, postage, parking, travel and the like). You will be responsible for any fees payable to the Local Authority, Planning Authority, Building Control Authority, building contractors, external specialists, professional consultants and third parties e.g. structural engineers, planning consultants, fire consultant, acoustic specialist etc that may be required during the performance of the services in order to proceed with the project.
11.3 Our set charges for additional expenses are as follows:
Prints Black & White: A1 £3 each, A2 £2 each, A3 £1 each, A4 £0.5 each. Prints Colour: A1 £10 each, A2 £5 each, A3 £3 each, A4 £1 each, travel £2.5 / mile.
12.0 No Third Parties:
12.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.0 Governing Law:
13.1 This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
14.0 General:
14.1 We will ensure the works will be carried out in a professional manner and to a high standard. We always try our best, work to the best interest of our clients and make all possible efforts to achieve the best possible result. However, you would appreciate that the Local Authority will make the final decisions, and we are not able to warrant any final approval. We hope you find the above satisfactory and should you need to discuss further, please do not hesitate to contact us.
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By using any of our services you confirm to have read and agreed to our terms and conditions.