Terms & Conditions

Last Updated 23 September, 2024

1. Engagement and Agreement

1.1 Acceptance of Quotation
By accepting the quotation provided by Architect Designs (hereafter referred to as “the Company”) and proceeding with your project, you agree to be bound by these Terms & Conditions (hereafter referred to as “the Contract”). This Contract forms a legally binding agreement between you (hereafter referred to as “the Client”) and the Company. Any amendments to these terms must be agreed upon in writing by both parties.

1.2 Scope of Services
The services provided by the Company are outlined in the accepted quotation and supporting documentation. These may include, but are not limited to, full-measured surveys, existing drawings, architectural designs, planning submissions, building regulations, structural calculations, and build-over agreements. Any additional services requested by the Client that fall outside the agreed scope will incur additional charges and will be subject to written agreement.

1.3 Timelines and Amendments
The Company will use reasonable efforts to meet the estimated timelines provided at the outset of the project. However, we cannot be held liable for delays caused by unforeseen circumstances, regulatory changes, third-party issues, or actions outside of our control. Should delays occur due to matters within our control, the Company will be granted a grace period of [10] business days to amend and rectify the situation.

2. Survey & Existing Drawings

2.1 Full-Measured Survey
The Company will conduct a full-measured survey of the property, capturing every relevant dimension and detail necessary for producing accurate drawings. The Client is responsible for ensuring that the property is accessible and safe for the surveyors. Should the property be inaccessible or unsafe, the Client must resolve these issues before the survey can proceed. Any delays or additional costs resulting from restricted access or unsafe conditions will be borne by the Client.

2.2 Existing Drawings
Following the measured survey, the Company will produce detailed existing drawings of the property as it currently stands. These drawings provide the basis for all future designs. The accuracy of these drawings depends on the information provided and the access granted. Any discrepancies or changes must be reported by the Client within [5] business days of receiving the drawings. Revisions due to incomplete or incorrect information may incur additional charges.

3. Architectural Designs & Reviews

3.1 Architectural Designs
The Company will produce bespoke 2D architectural designs based on the Client’s specifications and requirements. The Client is entitled to up to three rounds of revisions as part of the design fee. Any additional rounds of revisions beyond this will incur extra charges, which will be communicated and agreed upon before further work proceeds.

3.2 Amendments to Design
Any amendments outside the original scope of the brief, including those resulting from new information or regulatory changes, will be subject to additional fees. The Client must provide written approval for any amendments within [5] business days of receiving them. Delays in approval may affect the project timeline, and the Company is not liable for such delays.

4. Planning Submission & Management

4.1 Planning Management
The Company will act as the Client’s planning agent and manage the entire planning submission process. This includes preparing and submitting all necessary documents to the Local Planning Authority and handling all communications. The Client is responsible for paying any third-party fees associated with the planning application directly to the relevant authority. The Company will provide guidance on typical fees, but it is the Client’s responsibility to confirm and pay the correct amounts.

4.2 Planning Process and Approval
The planning approval process typically takes between 8-10 weeks, depending on the Local Planning Authority. The Company will use reasonable efforts to manage the process, respond to queries, and make reasonable amendments as required. However, the Company cannot guarantee planning approval, nor can we be held responsible for delays, rejections, or additional requirements imposed by the authority. Should the Client request amendments to the submitted plans, additional charges may apply.

4.3 Specialist Reports
If the Local Planning Authority requires additional specialist reports (e.g., flood risk assessments, heritage statements), the Company will source third-party consultants to provide these services. All costs associated with specialist reports will be the responsibility of the Client and paid directly to the third-party provider.

5. Technical Drawings & Compliance

5.1 Structural Calculations
The Company’s in-house engineers will prepare all necessary structural calculations to ensure the design’s safety and stability. These calculations are based on the information provided at the design phase. Should any unforeseen changes arise during construction that require amendments to the structural calculations, the Client will be responsible for the additional costs and any resulting delays.

5.2 Building Regulations Compliance
The Company will ensure that all plans are designed in compliance with the applicable building regulations. We will submit the required documents to Building Control on the Client’s behalf. The Company will act as the Client’s agent in all dealings with Building Control. However, the Company cannot guarantee approval by Building Control, and any changes or additional requirements imposed by Building Control will be the responsibility of the Client.

5.3 Build-Over Agreement
If a Build-Over Agreement is required by a water authority, the Company will handle the submission of the necessary documents. Any third-party fees associated with this process, including water authority and Building Control fees, are the responsibility of the Client. These fees must be paid before submission to avoid delays in the process.

6. Payment Terms

6.1 Fees and Invoicing
The Company will issue invoices in stages, according to the agreed project timeline. The Client will be invoiced for the measured survey and production of existing drawings upon commissioning the project. Further fees for design, planning management, building regulations compliance, and structural calculations will be invoiced as each phase is completed.

6.2 Third-Party Fees
The Client is responsible for all third-party fees, including planning application fees, specialist reports, and Building Control fees. The Company will provide estimates for these services, but the Client must settle all third-party invoices directly with the service providers unless otherwise agreed.

6.3 Late Payments
All invoices are payable within 14 days of issue, unless otherwise stated. Any late payments will accrue interest at a rate of 8% above the Bank of England base rate, compounded monthly. In cases of genuine financial difficulty, the Client must notify the Company within [10] business days to discuss a reasonable payment plan. Failure to make payment within 30 days may result in the suspension of services.

7. Client Responsibilities

7.1 Provision of Information
The Client must provide accurate, complete, and timely information throughout the project. Any omissions, inaccuracies, or delays in providing necessary information may lead to delays or additional costs, for which the Company will not be held liable.

7.2 Site Access and Conditions
The Client is responsible for ensuring that the property is safe and accessible for surveys, inspections, and construction activities. Any unforeseen site conditions (e.g., structural issues, hazardous materials) must be communicated to the Company immediately, and any delays or additional costs arising from such conditions will be the responsibility of the Client.

7.3 Client-Requested Changes
Any changes requested by the Client after the approval of designs or submission of documents to planning or Building Control will incur additional charges. These changes must be agreed upon in writing before further work can proceed.

8. Limitation of Liability and Warranty

8.1 Limitation of Liability
The Company is not liable for any indirect, special, or consequential damages arising from the provision of services, except where such exclusion is prohibited by law. Our liability for any claim or series of related claims is limited to the total fees paid by the Client for the services provided. This limitation does not exclude or limit liability for personal injury, death, or damages caused by gross negligence or wilful misconduct.

8.2 Third-Party Services
While the Company may recommend third-party consultants, such as structural engineers or surveyors, we are not liable for their performance. The Client must address any disputes or issues directly with the third-party provider.

8.3 Warranties
The Company warrants that all services will be performed with reasonable care and skill. However, no warranty is provided for factors beyond our control, including regulatory changes, planning rejections, third-party delays, or unforeseen site conditions.

9. Termination and Dispute Resolution

9.1 Termination by Client
The Client may terminate the Contract at any time by providing 30 days’ written notice. The Client will be liable for all work completed and expenses incurred up to the date of termination. Any outstanding fees must be settled before the termination becomes effective.

9.2 Termination by the Company
The Company reserves the right to terminate the Contract if the Client fails to meet their obligations, including non-payment or failure to provide necessary information. The Company will provide written notice of termination, allowing the Client [10] business days to remedy the breach. If the breach is not resolved, termination will take effect immediately.

9.3 Dispute Resolution
In the event of a dispute, both parties agree to engage in mediation before pursuing legal action. If mediation fails, the dispute will be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes arising from this Contract.

10. General Provisions

10.1 Confidentiality
Both parties agree to maintain the confidentiality of all information exchanged during the project, except where disclosure is required by law or agreed upon in writing.

10.2 Force Majeure
The Company will not be held liable for delays or failures to meet obligations due to circumstances beyond our control, including but not limited to natural disasters, strikes, or regulatory changes. Both parties agree to work together to revise timelines and responsibilities in the event of force majeure.

10.3 Consumer Cancellation Rights
The Client has the right to cancel this Contract within 14 days of signing, without giving any reason. If services have begun during this period with the Client’s consent, the Client will be liable for payment for the services provided up to the point of cancellation.

10.4 Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Contract will be subject to the exclusive jurisdiction of the courts of England and Wales.