Terms and Conditions of Business
- Sets out the basis on which SEAGREY Design Ltd will provide professional services
- Authorises us to do anything which in our opinion is reasonably, and lawfully necessary in furtherance of your instructions
- Will apply in full to any and all future instructions given by you to this practice, whether verbal or in writing. Instructions will be subject to the application of the stated hourly rates or fees as otherwise agreed.
- Unless otherwise agreed, and subject to the application of the appropriate/or stated hourly rate charges, will apply to any and all future instructions given by you to this firm, whether verbal or in writing.
- These terms constitute a legally binding contract, which you should enter into only if you are satisfied as to its meaning and effect. Although your continuing verbal instructions will amount to an acceptance of these terms and conditions, under certain circumstances, it may not be possible for us to start work on your behalf until our quotation has been accepted on line by you for us to keep on our file. Where necessary, we will act in good faith upon your verbal instruction in order to achieve a timely execution of those instructions. Where this is the case, your verbal instruction will be taken as binding, and equal in meaning to written instruction.
- Discuss brief with client
- Measured survey (excluding topography of land) of the property and relevant surroundings.
- Drawing up of survey to produce plans and elevations of existing property
- Design of proposals and production of proposed plans and designs for discussion and revision
- Production of revisions, or options of design if required to reach agreement of final scheme.
- Drawings encompassing all revisions as Final Scheme
- Submission to the Planning Authority including purchase of OS sheets and amendments as needed.
- Payment of fees to Local Authority, subject to advance payment being received.
- Preparing drawings for submission to Building Control if required – fees can be paid directly by Client, or by SEAGREY Design Ltd by arrangement.
Charges and Expenses
- SEAGREY Design Ltd charges will be calculated mainly by reference to the time actually spent by our professional staff, and other staff in respect of any work that they do on your behalf. This will include meetings with you and others (and time taken in travelling to and from those meetings), telephone calls, background reading, and working on papers, correspondence and emails, preparation of detailed design solutions, and the time spent travelling away from the office when this is necessary.
- Hourly rates quoted are exclusive of normal disbursements incurred in connection with the work, which are chargeable at cost. Time spent travelling in connection with the work is chargeable.
WE MAY REQUEST SOME, OR ALL OF THE AGREED FEE BE PAID IN ADVANCE OF WORK UNDERTAKEN. PAYMENT WILL BECOME DUE WITHIN 7 DAYS OF THE DATE OF ISSUE OF THE INVOICE.
- Invoices remaining unpaid beyond the 7 day period may incur a charge. Notice by telephone or in writing for any extension in payment time can be discussed, although not guaranteed. Decisions will be made on an individual basis
- If payment is not made within the stipulated time period we retain the right to withdraw any application made on your behalf, and will charge you to make additional applications
IT IS NORMAL PRACTICE TO REQUEST PAYMENT OF INVOICES FROM CLIENTS ON A MONTHLY OR LUMP SUM BASIS, DEPENDING ON THE TERMS AGREED AT THE QUOTATION STAGE. IF SUCH REQUESTS ARE NOT MET WITH PROMPT PAYMENT, DELAY IN PROGRESS OF THE PROJECT MAY RESULT. IN THE UNLIKELY EVENT OF ANY BILL OR REQUEST FOR PAYMENT NOT BEING MET, WE MUST RESERVE THE RIGHT TO STOP ACTING FOR YOU FURTHER. OVERDUE INVOICES WILL BE SUBJECT TO THE ADDITION OF INTEREST IN ACCORDANCE WITH THE APPROPRIATE ACT(S) AS MAY BE DESCRIBED ON THE INVOICE.
- SEAGREY Design Ltd may have to charge in advance for any fees needed for submission to Local Authority etc. and have no obligation to make these payments unless you have provided us with the funds in advance. We cannot guarantee that drawings will be passed, and planning permission be granted. If planning permission fee has been paid and the project ends up being classed as Permitted Development, then the fee will be deducted from final invoice.
- Deposit is a non-refundable and is usually paid on the day of the survey. If the client decides not to continue this deposit payment will not be returned.
- Any third-party contractor or consultant will be engaged and paid for by yourselves. We would of course help you to commission any such consultant and would provide them with the information they require.
- Printing costs for drawings other than A3 are not included as they are subject to outside suppliers.
- Payment is preferable by BACS (Bank) Transfer, however payment by cash or cheque is acceptable although there will an additional charge of £20 per payment to cover bank expenses. Unfortunately at this time I lack the facilities to take credit card payments.
We may have agreed with you a special charging arrangement as specified in the accompanying fee quotation. If for any reason the matter does not proceed to completion, we will be entitled to charge you for expenses incurred for work actually done by reference to the time spent.
Fees to be agreed after initial work package completed.
SEAGREY Design Ltd shall have the right to photograph the project and to use the photographs in the promotion of their professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
SEAGREY Design Ltd shall maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work, and in any case to a total of £2,000.000. Any such liability will expire after five years from completion of the services. Professional Indemnity Insurance cover shall be maintained for this amount until the expiry of our liability.
Certificates are available on request.
SEAGREY Design Ltd aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can then discuss how to resolve the issue. We ask that you let us know of anything you are unhappy with.
Storage of papers, documents and copyright information
- After completing the work, SEAGREY Design Ltd are entitled to keep all your papers and documents whilst there is any money owing to us for our charge and expenses. In addition, we will keep your project on file for you in storage for not less than 10 years. After that, storage is on the clear understanding that we have the right to destroy your file without further reference to you.
- If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge you for such retrieval. However, we may need to make a charge based on the time spent for producing stored papers or documents to you, or another, at your request, We may also make a charge for reading correspondence or other work necessary to comply with your instructions
All work undertaken by this practice on your behalf will be the subject of full protection under the Copyright Designs and Patents Act 1988. This practice will not specifically discharge copyright or grant licence in any piece of work to a third party, unless specifically actioned in writing. Copyright remains vested in us as the authors of the unique work, even after completion of the contract between us. SEAGREY Design Ltd owns full copyright until full fees are paid. The drawings then become ‘shared’ with the client.
The practice takes no responsibility for the misuse, or misappropriation of documents prepared by us. In the case outline planning applications drawn information provided shall remain the entire property of the originator, and copyright shall not be assigned to any other party, even after payment has occurred. Such copyright shall pass only when detailed plans suitable for a full planning application or working drawings have been prepared, and the contract for that work completed, and full payment made.
Data Protection Statement
For quotation purposes, your contact details will be retained for up to 2 years unless otherwise requested in writing. After completing any project work SEAGREY Design Ltd will retain project data on record for future reference for no less than 10 years. Personal data will be kept on file for contact purposes and will not be passed onto a third party without express permission of the client. After that, we have the right to destroy your data record without further reference to you.
You may suspend or end performance of the services and other obligations by giving at least 2 days written notice to SEAGREY Design Ltd and stating reason for doing so.
Any work carried out would have to be charged at a percentage of work completed in line with the agreed package.