Please read carefully

Terms and conditions:

The quotation and/or agreement is for the provision of Professional Services as Architect(s) to be carried out with reasonable skill and care and is subject to the following terms and conditions:

Legal basis of agreement:

The terms set out here will take precedence over any other or subsequent agreement. Any contract will be under English law. The appointment will be undertaken according to the current 'Architects Terms of Appointments' as published by the R.I.B.A. unless specifically agreed otherwise in writing. Should there be a discrepancy between the terms set out here and the RIBA terms of appointment those set out here will take precedence.

Quotations:

A quotation will be valid for instructions to proceed issued within three months from the quotation date. The right to amend the quotation for work initiated after that time is reserved. The fee has been calculated on the basis of information available at the time when the calculation was made. Changes to the brief may change the fee, particularly if they involve significant changes to the extent or character of the works, as may other relevant matters that become apparent at a later date.

Right of Cancellation:

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 there is a right of cancellation which applies in some but not all circumstances. There will be a right of cancellation where:

• The contract is agreed in a place other than our office, or offered in a place other than our office and the contract is agreed then or later;

• Where we agree the contract when we are not together (making the contract by telephone or email for example).

However if we visit your premises and leave a quotation with you, or send one to you later, allowing you to decide and enter into the contract when you are ready to do so then there is no right of cancellation.

Where there is a right to cancellation it will normally last for fourteen days. However if you explicitly instruct work to be carried out during the cancellation period you will be liable for payment for the work done even if you subsequently decide to cancel.

Regulation and Insurance:

Nick Baldry is registered as an Architect with The Architects Registration Board (the statutory regulator, who maintain a register of all persons entitled to use the title Architect within the United Kingdom). and is subject to the Architects Code of Conduct and Practice. Professional Indemnity Insurance is held at an appropriate level of cover. Details of the value of cover and provider can be provided on request. The work will be allocated to members of staff according to their skills, and not to a named person unless specifically agreed.

Fee calculation and payment:

The fee calculation is based on an estimated total floor area and complexity of the project. Account is also taken of the level of support that is likely to be required by the client. A gross fee has been calculated for stages 'Project Inception' through to 'Final Certificate'. This comprises a flat rate base fee plus a sum per square metre. The fee rates will remain in force for twelve months from the date of project inception. Thereafter they will be adjusted on the first day of January in each year to the Practice's current standard rates for work carried out after that date. The gross fee is divided into separate sums for each work stage. Fees are due for the work stages undertaken. Invoices will be issued at the end of work stages (e.g.: Feasibility, Planning, Building Regulations submission, production Information etc.). Interim invoices for fees may be issued at monthly intervals where the work extends over a long period. All invoices will be payable within fourteen days of issue.

Where payment is not received within twenty-eight days of invoice interest will be added at the current statutory rate and statutory compensation sums will also be charged where appropriate. If an invoice remains unpaid after due warning is given, all work on the project, and on any other project being undertaken on behalf of the client may be suspended. Where invoices are unpaid after three months, in part or in full, legal recovery action may be started with all associated costs being payable by the client. Additionally, where our work involves any certification for any purpose only certificates that have previously been issued, and paid for, will be valid and no further certificates will be prepared or issued unless specifically agreed in writing. The client will be responsible for any additional costs incurred by the Architect in the event that a cheque or other payment fails or a cheque is returned unpaid by the bank.

Any dispute of the amount or validity of an invoice must be notified before the payment due date (14 days from invoice). Other than in very exceptional circumstances, an invoice that has not been thus challenged will be deemed as agreed and accepted.

Any reduction or discount from our standard fees is conditional on fees being paid on time. If payment is not made within twenty-eight days of the invoice date the reduction or discount will cease to apply for that invoice and the payment due will revert to our standard charges applicable at the time. If two or more invoices for a project are not paid within twenty-eight of issue all reductions or discounts applied to that project will cease to apply, and any previously granted discounted amounts will become payable in full.

Scheme alterations or abandonment:

Where significant alterations are made, or required to be made to a project by the client or third party after a stage has been completed, or substantially completed, additional sums may be payable for any such repeated work. These will be calculated as a percentage of the originally agreed fee for the relevant work stages with the percentage being derived from a reasonable estimate of the proportion of work to be redone. Where the amount of work cannot be reasonably assessed fees may be charged on an hourly rate basis, although this will be avoided as far as possible. If a project is abandoned for any reason, or if it cannot be undertaken or completed as a consequence of matters not fully within the Architects control, fees for all work done up to that time will be payable. Where a work stage is partially completed a proportion of the fee will be payable as determined by the Architect having made a reasonable and fair assessment of the work done.

Copyright:

Copyright of all designs, drawings or parts thereof (including any made prior to acceptance of the quotation) remain with the originator unless specifically agreed otherwise in writing. The client for any project will hold a transferable licence to use the design, drawings, documents and the intellectual property contained therein to undertake the project for which they have been prepared. It is not transferable to another site, for multiple uses (whether on the same or other site(s)), or for subsequent projects or developments without the express written permission of the copyright holder. The licence may be given, sold, leased or otherwise transferred to allow the project to be undertaken as if done so by the original client. The copyright licence is not valid unless this contract has been agreed and all properly due fees have been paid.

Should fees remain outstanding after a period of four months from invoice date, you will have no right to an automatic renewal of any copyright licence to use our drawings, documents, design or other intellectual property, upon payment of the outstanding amount.

Construction (Design and Management) Regulations etc.:

You are advised that the client for a development project has responsibilities under the Construction (Design and Management) Regulations, whether or not it is notifiable. This includes provision of adequate site information including that relating to buried services and obstructions. The client is also responsible for ensuring that those involved in the project are allowed adequate time and resource to carry out their duties with regard to safety matters.

Under the prevailing CDM regulations clients undertaking works as part of any business must appoint a Principal Designer before any significant design work is undertaken (this includes sketch design schemes). Domestic clients are not normally required to appoint a Principal Designer, with the builder taking on this role by default, although they may do so if they choose when they must do so in writing.

Members of the practice will not be permitted to enter a site that is dangerous, or that has been closed on safety grounds. Should a closure notice be issued by HSE or another person we will immediately cease all work connected with that site, including all communication, until such time as the closure notice is lifted by the person imposing it. Work will only resume work if the practice is satisfied that measures have been put in place to ensure that the site strictly observes best safety practice. Failure of a client, or his contractor to notify the Practice of a site closure, including the reasons for the said closure will terminate our contract immediately. Similarly reopening the site without written confirmation from the HSE or other person of equivalent qualification experience and knowledge will also immediately terminate our contract.

Fees to third parties:

Fees payable to the Local Authority, including those for Planning and Building Regulations applications, are not included nor are those that may be required for works undertaken by other consultants (e.g.: Structural Engineers, Thermal Performance Assessors, Sustainability Assessors, Quantity Surveyors, Party Wall Surveyors, and others not listed here). Should the works require the appointment or use of any such consultant(s) they will be employed directly by the client. The client will also be responsible for the payment of all such fees directly to the relevant body, company or person.

Complaints:

Should you have any complaint this should be addressed in the first instance to the senior Architect in the practice who will seek to reach an agreed resolution with you. Should you be dissatisfied with the response, and the complaint be serious and involve competence, probity and/or professional conduct, you may refer it to The Architects Registration Board (8 Weymouth Street, London, W1W 5BU).

Clients details:

The address for correspondence provided by the client will be deemed as the correct address for all correspondence and invoicing unless clearly advised otherwise in writing. Any change of address or other contact or invoicing arrangements must be advised in writing as soon as possible and certainly no more than fourteen days after the change occurs. If making an agreement on behalf of a company, charity, voluntary body or other organisation the signatory declares that he/she has the necessary authority to do so.

We will hold certain client information for the purposes of carrying out our work. This will normally be limited to contact details and our billing information. On occasion we may hold a limited amount of additional information. This will only be available to those within the practice. We may pass on contact information to other consultants who have an involvement in the client's project, or to the Courts should legal action be necessary. You are asked to confirm your acceptance of our use of your data.

Instruction to proceed:

Any instruction written or verbal to proceed with work on this project will be deemed as an acceptance of these terms and the establishment of a contract between ourselves.