Terms + Conditions
Our Standard Terms and Conditions of Business
(as from 1 January 2020)
Unless otherwise agreed, these terms of business apply to any future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.
Any fee proposal/quotations we provide you with will remain open for a period of three months, after which we reserve the right to amend them to reflect current market conditions.
1. APPOINTMENT
1.1 The Client appoints a’bear & ball architects as consultant for the Project and a’bear & ball architects accepts the appointment.
2. BASIC SERVICES
2.1 The basic services to be performed by a’bear & ball architects are described in the Commissioning letter/ Fee proposal.
2.2 If any additional services outside the scope of the services detailed in the Commissioning letter / Fee proposal are performed by a’bear & ball architects the Client shall pay for the additional services separately at rates firstly to be agreed in writing between the parties.
2.3 The services are those described within the signed Commissioning letter / Fee proposal.
2.4 The client contact’s full name, contact information and signature shall be provided where requested on the Commissioning letter which should be returned to a’bear & ball architects as soon as possible.
2.5 Services will not be commenced until a’bear & ball architects is in receipt of the client’s agreement and instruction to proceed, which will take the form of the signed Commissioning letter / Fee proposal.
2.6 Consumer Contracts Regulations- The Regulations now allow for a ‘cooling off period’ for domestic consumer clients which means that the consumer (the client) may cancel the contract without giving reason, at any time within the 14 days following the period when the contract is entered into (ie from the date of the signed commissioning letter) unless the client, where a prompt start on the project is required (ie within 14 days) has waived this right on the signed fee proposal form forming part of this commissioning agreement.
3. STANDARD OF CARE
3.1 a’bear & ball architects shall exercise reasonable skill and care in the performance of the Services in accordance with the normal standards of the profession.
3.2 a’bear & ball architects are bound by the Codes of both the RIBA and the ARB, and that copies of the Codes can be obtained from the websites of the relevant organisations.
4. CLIENT'S OBLIGATIONS
4.1 The client shall supply to a’bear & ball architects in a timely fashion, without charge, all necessary and relevant information in the possession of the Client or any of the Client’s Agents, consultants or contractors
4.2 The client shall give decisions and all necessary instructions, consents or approvals necessary for the performance of the Services.
4.3 a’bear & ball architects shall rely on such information provided by the Client as above. a’bear & ball architects shall not be liable for the consequences of any delays to the services arising from any failure by the Client to comply with these obligations.
4.4 The Client shall give notice to a’bear & ball architects of a designated person who is authorised to represent the Client in dealing with a’bear & ballarchitects and the scope of that person’s authority. Full name and contact information is required for this appointed person, to whom all documentation and fee accounts will be addressed.
4.5 The Client shall reply as soon as reasonably practicable to any request for a decision or approval in connection with a’bear & ball architectsservices. It is the policy of a’bear & ball architects to require the client to formally approve drawings and documents at the relevant stage of each Commission.
5. FEES & PAYMENT
5.1 The Client shall pay a’bear & ball architects the fees for the Services as set out in the Commissioning letter / Fee proposal.
5.2 We will submit an invoice on account for the fees and any expenses and disbursements due [plus VAT] monthly, or at completion of each work stage whichever is sooner.
5.3 Hourly fee rates are reviewed annually at the start of the calendar year and any changes notified to clients in writing. Unless otherwise agreed, all invoices are prepared using the current published fee rates.
5.4 All invoices shall be paid within 14 days from the invoice date. Any sums due and remaining unpaid at 30 days after the date of issue of an account from a’bear & ball architects shall bear interest in accordance with the provisions of Late Payment of Commercial Debts (Interest) Regulations 2002. Additional charges may be levied to cover the costs of administration and legal representation in relation to the recovery of such outstanding fees.
5.5 Any queries relating to invoicing must be made known to a’bear & ball architects within 7 days of receipt of the fee account.
5.6 If the Client wishes to withhold any amount becoming due to a’bear & ball architects the client must give notice to a’bear & ball architects before the due date for payment and the notice must specify each amount to be withheld and the reasons for so doing.
5.7 a’bear & ball architects reserves the right to suspend the services for non-payment of fees in accordance with clause 14.1.
5.8 In appointing a’bear & ball architects the client gives their authority to a’bear & ball architects to incur usual expenses and disbursements for the work undertaken. Disbursements and expenses are additional to the fee unless stated otherwise. Please refer also to our standard time charge and expense sheet.
5.9 a’bear & ball architects reserves the right to request payment on account prior to works being undertaken on behalf of the client.
5.10 a’bear & ball architects reserves the right to demand settlement of all due fees immediately prior to a) submission of planning application, b) submission of drawings of building regulations application/building notice, c) Issuing of drawings and documents for tender, d) the issuing of an architects final certificate.
5.11 VAT will be applied to all invoices at the prevailing rate.
6. STATUTORY APPROVALS
6.1 The client acknowledges that the a’bear & ball architects does not warrant that Statutory Approvals (Planning Permissions, Building Regulations Approvals and other third parties) will be granted, or if granted, will be granted in accordance with any anticipated time-scale.
7. INSURANCE AND LIABILITY
7.1 a’bear & ball architects shall maintain adequate professional indemnity insurance considered appropriate by the firm for so long as the Practice shall have any liability under this Agreement.
7.2 Such liability is limited to a period of not more than six years from completion of the services (or, if earlier, after practical completion of the construction of the project or such earlier date as prescribed by law) unless specifically agreed in writing prior to the signing of this Commissioning letter / fee proposal.
8. TARGET AND COST
8.1 a’bear & ball architects cannot guarantee that any target or budget cost, or the timetable will be met, particularly where approvals from other parties, such as planning permission & building regulations approval are required, nor the performance, work or the products of others.
9. COPYRIGHT
9.1 Copyright in all documents and electronically generated data produced by a’bear & ball architects belongs to a’bear & ball architects. The Client will have a royalty-free irrevocable licence to use such documents and data in connection with the Project, subject to payment of all fees due to a’bear & ball architects. However the client will not use them in connection with any other project nor will a’bear & ball architects have any liability to the Client for any use of such documents and data for purposes other than those for which they were provided.
10. CONFIDENTIALITY
10.1 a’bear & ball architects shall not disclose to any other person Confidential Information unless:
10.2 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 cover as required by this Agreement;
10.3 it is in the public domain other than due to wrongful use or disclosure; or
10.4 disclosure is required by law or because of disputes arising out of or in connection with this Agreement.
11. PUBLICITY
11.1 a’bear & ball architects may publish articles (with or without photographs) concerning the Services in relation to the Project, but only after receiving the approval of the Client (which will not be withheld unreasonably).
12. ASSIGNMENT & SUBCONTRACTING
12.1 When necessary, a’bear & ball architects reserve the right to outsource work. We shall take responsibility for the instruction of such services and payments of any fees, expenses or charges that are incurred.
13. TERMINATION
13.1 This Agreement may be terminated by notice:
13.1.1 By either party after giving reasonable notice in writing to each other stating the grounds for so doing and the services and obligations affected.
13.1.2 By either party if the other is unable to pay its debts when they fall due or an application for an administrator is presented to the court or a receiver or manager or trustee in bankruptcy is appointed or a resolution passed for its winding up;
13.2 Except where termination is due to the breach of contract or insolvency of a’bear & ball architects, the Client shall upon termination pay all fees and expenses due up to the date of termination plus expenses reasonably incurred by a’bear & ball architects which are directly attributable to termination.
14. SUSPENSION
14.1 If any account payable to a’bear & ball architects remains unpaid for a period in excess of 30 days then a’bear & ball architects reserves the right to suspend all services.
14.2 The Client may suspend the performance of any of the Services by giving reasonable notice to a’bear & ball architects.
14.3 If suspension of the Services continues for more than 180 days either party may give notice to terminate this Agreement.
14.4 Upon suspension by either party, a’bear & ball architects shall be paid all fees and expenses due up to the date of suspension, including any loss or damage caused to a’bear & ball architects by the suspension or any resumption of services.
15. RESOLUTION OF DISPUTES & GOVERNING LAW
15.1 If a dispute arises, the parties, acting in good faith, will endeavour to resolve the dispute by direct negotiation, adjudication or mediation.
15.2 Therefore any unresolved dispute shall be finally settled by arbitration. The arbitrator shall be appointed by the President of the Royal Institute of British Architects.
15.3 This Agreement shall be governed by the laws of England.
16. NOTICES
16.1 Every notice under this Agreement shall be in writing and sent by first class mail, by hand or by facsimile to the address of the recipient shown in this Agreement, or to another address of which notice has been given under this clause.
17. ENTIRE AGREEMENT
17.1 This Agreement is to be read with the commissioning letter attached to form the entire agreement between the parties and together they supersede any previous arrangements or agreements between them relating to the Project.
18. INDEPENDENT CONTRACTOR
18.1 a’bear & ball architects is an independent contractor and nothing in this Agreement shall create a partnership, agency or any other relationship between the parties.
19. GOVERNING LAW
19.1 The law applicable to this Agreement shall be the law of England.
20 GDPR PRIVACY POLICY
20.1 Privacy is important to us. Our Privacy Policy covers what data we collect and how we use it, disclose, transfer and store your information.
20.2 Information We collect:
We collect information about you if you make an enquiry as a potential client, or we do business with you as a Client, Consultant, Contractor, Sub Contractor, Supplier, Manufacturer
20.3 Use of Information:
Any information we collect may be used to:-
i. Respond to you via your supplied contact details, you may choose to be contacted via email, or post
ii. Respond to you about projects by email or telephone
iii. The information you provide us with will be used to personalise our services to suit your individual or company’s needs, for instance we Design Buildings to suit our Client’s needs and aspirations.
iv. To improve our website - we aim to improve our website and the information we publish so that it provides information on our projects and the services we provide.
From time to time we may send emails or correspondence about our practice, news, or service information
Personal Information We Use:
We use a variety of personal information depending on the services we deliver to you. For all our services we need your name, address, contact details, to allow us to locate your premises /land. For some services we might need additional information for example:-
i. Bank details for payments.
ii. Information to allow us to check your identity and information about your credit history
iii. Proof of identity – and money laundering
iv. Fraud prevention, and to meet legal obligations
v. Any other information that is relevant to be able to provide the contracted services to you, meet or enforce legal obligation or where it is fair and reasonable for us to do so.
On some projects we may ask for information relating to medical or disability conditions for instance where we are designing buildings that need to be tailored to suit those needs, and the needs of occupants and visitors to a building we are designing.
20.5 Protection of Information:
Enquiries submitted via our website form: (from our contact page)
Data is not stored on our website. This data is transferred via the form and emailed to us to allow us to respond to specific project enquiries.
20.6 Disclosure of Information:
We do not sell, trade or otherwise transfer to other parties any personal information.
this does not include trusted third parties who act as regular consultants, or who assist us in the operation oof our business, website, or services we provide to you.
Such trusted third parties may have access to personally identifiable information on a need to know basis and will be contractually obliged to keep your information confidential.
We may also release your information when we believe it appropriate to comply with the law, or protect other rights, property or safety.
20.7 Consent and Legal Basis:
By appointing this practice and the services we provide you are consenting to us contacting you and using the information you provide us to carry out the Services you are appointing us to carry out.
20.8 We only use your personal information where permitted by law. Where:-
1. We have your consent (if consent is needed)
2. We need to use the information to comply with our legal obligations
3. We need to use the information to perform a contract with you: and/or
4. It is fair and reasonable to use your personal information either in our interests or someone else’s interests where there is no disadvantage to you. This can include where it is in our interests to contact you about services, market to you, or collaborate with others on a project or to improve our services.
Where we have your consent, you have the right to withdraw it.
Further details relating to our privacy policy can be found on our website.
21 CONTACTING US
21.1 If there are any questions about our Privacy Policy or the Services we are providing you may contact the practice at:
The Studio, Suite 4, Enterprise Centre, Units 41/42, Shrivenham Hundred Business Park, Majors Road, Watchfield, Oxfordshire, SN6 8TZ or by telephoning 01793 228 811.