Terms and Conditions – Plans Direct Ltd
General
Terms
- Unless otherwise agreed, these terms of business apply to any future instructions with Plans Direct LTD.
- Your continued instructions will amount to your acceptance of these terms and conditions of business.
- Any fee proposal/quotations we provide you will remain open for a period of three months, after which we reserve the right to amend them to reflect current market conditions.
1. Architect’s Services
Plans Direct LTD (hereinafter referred to as “Plans Direct LTD” or “Architect”) shall:
1.1. Exercise reasonable skill and care in performing the services in accordance with the normal standards of the Architect’s profession.
1.2. Act as the Client’s representative and act fairly when dealing between the Client and any other party.
1.3. Provide advice on compliance with statutory requirements.
1.4. Co-operate with other persons appointed, integrate their work, and pass relevant information to them.
1.5. Make no material alteration to the Services or the approved design without the Client’s consent, except in an emergency or where required by statutory bodies.
1.6. Advise on progress in the performance of the Services and any issues that may affect the programme or quality of the project.
1.7. Subject to matters beyond Plans Direct LTD’s reasonable control, Plans Direct LTD shall use reasonable endeavours to perform the services in accordance with the agreed programme. The Architect cannot guarantee that any programme will be fully adhered to where external forces (e.g., Local Authority, Regulatory Bodies, Specialists) are involved.
2. Target and Cost
2.1. The Architect cannot guarantee that any target or budget cost, or timetable will be met, particularly where approvals from other parties (e.g., planning permission, building regulation approval, listed building consent) are required, nor can the Architect be responsible for the performance, work, or products of others.
2.2. The Architect shall not be liable if the project exceeds budget due to external factors beyond their control, including but not limited to regulatory approvals, unforeseen site conditions, or changes required by the Client.
3. Client’s Responsibilities
The Client shall:
3.1. Advise the Architect of their requirements and any subsequent changes.
3.2. Provide all necessary and relevant information to Plans Direct LTD in a timely fashion without charge.
3.3. Provide timely decisions, instructions, consents, or approvals necessary for the performance of the Services.
3.4. Participate in staged sign-offs during the design stage of the project.
3.5. Have the authority to issue instructions to the Architect, subject to the Architect’s right of reasonable objection.
3.6. Plans Direct LTD will rely on the information provided by the Client, and the Client shall be liable for any delays resulting from failure to provide accurate information.
3.7. Appoint and pay for any consultants or contractors required under separate agreements.
3.8. Pay fees within 28 days under any applicable Framework Agreement. Delayed payments may cause project delays.
3.9. Avoid dealing directly with contractors and avoid interfering with the Architect’s duties under the Building Contract where Plans Direct LTD is the Contract Administrator.
3.10. Hold the contractor responsible for completing the construction and ensuring health and safety on site.
3.11. Ensure sub-consultants provide copies of their Professional Indemnity Insurance.
4. Copyright and Licence
4.1. Plans Direct LTD retains copyright of all drawings and documents produced in performing the Services.
4.2. The Client has a licence to copy and use the drawings only for the purposes related to the project, provided all fees are paid.
4.3. Drawings prepared for Planning Applications are not to be used for construction stated to be used for construction on drawing.
4.4. Drawings produced for one Client are not transferable to another Client.
4.5. If fees are not paid, Plans Direct LTD may revoke the licence to use drawings.
4.6. Confidential business information must not be disclosed by either party without the other party’s consent.
5. Liability and Insurance
5.1. Plans Direct Ltd’s total liability under or in connection with any appointment, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by the Client for the services provided under this agreement, and in any case, shall not exceed £250,000.
5.2. Plans Direct Ltd’s liability is limited to the scope of services and areas defined in the proposal or appointment agreement.
5.3. No action or proceedings arising out of or in connection with this appointment shall be commenced against Plans Direct Ltd more than six years after the completion of the services or termination of the contract, whichever is earlier, except where a longer statutory limitation period applies, including, but not limited to, claims under the Defective Premises Act 1972 as amended by the Building Safety Act 2022.
5.4. The Architect shall maintain professional indemnity insurance appropriate to the nature and scale of the services until expiry of its potential liability, subject to market availability and on commercially reasonable terms. If such insurance becomes unavailable, Plans Direct Ltd shall notify the Client without delay.
5.5. Clients agree not to pursue any claims, whether in contract, tort, negligence, or otherwise, against individual employees, directors, consultants, or agents of Plans Direct Ltd. Any such claim shall be directed exclusively to Plans Direct Ltd as the contracting entity.
5.6. Plans Direct Ltd does not accept responsibility for the design, performance, or implementation of non-architectural elements carried out by third-party consultants or specialists. Responsibility for such elements rests with those directly appointed consultants. It is the Client’s responsibility to ensure that all consultants and specialists maintain adequate professional indemnity insurance and that their coverage aligns with extended statutory limitation periods, where applicable.
6. Target Cost of Construction
6.1. If cost estimates are required, it is recommended that the Client instructs a qualified Quantity Surveyor to provide a detailed cost analysis based on the specifics of the project. Should the Client wish Plans Direct LTD to provide an initial estimate, it will be based on the floor area and will not take into account the full project specifics, site conditions, or other external factors. This estimate is for guidance purposes only and should not be taken as the final cost of the project. Plans Direct LTD cannot guarantee that the target
cost will be met.
7. Limits of Liability
7.1. Plans Direct LTD is not responsible for advising on asbestos or other hazardous materials.
7.2. Plans Direct LTD is not responsible for advising on measures to prevent acts of terrorism.
8. Quality Management
8.1. Plans Direct LTD follows quality management procedures in accordance with professional standards and governing body codes.
9. Local Authority Dealings
9.1. The Architect cannot guarantee planning, listed building, conservation area consent, or any other approvals that may be required. This is not an exhaustive list, and other approvals or permissions may be necessary depending on the specifics of the project.
9.2. The Client may need to amend the scheme to comply with planning or design policy after submission to the Local Authority.
9.3. Plans Direct LTD will liaise with other consultants but cannot guarantee the time or extent of gathering supporting documentation for planning submissions.
9.4. Local Authority requirements for supporting documentation may vary. Additional third-party consultants may need to be appointed by the Client directly.
10. Building Regulation and Other Statutory Approvals
10.1. Plans Direct LTD cannot guarantee Building Regulation approval, as the outcome may depend on the interpretation of
different officers or changing regulations. Plans Direct LTD will not be liable for additional costs associated with regulatory changes, officer interpretation, or delays in the approval process.
10.2. Changes or additional work may be required during the project as a result of unforeseen site conditions, regulatory requirements, or statutory authority input. This includes, but is not limited to, alterations necessary to comply with Building Regulations, environmental constraints, health and safety, fire safety regulations, or any other statutory requirements.
10.3. Any additional statutory approvals, such as highways, drainage, or environmental permits, that are required during the
course of the project will be the responsibility of the Client, unless otherwise agreed. Plans Direct LTD will assist in coordinating third-party consultants where needed, but cannot guarantee approval or bear the associated costs.
11. Fees
11.1. Fees shall be calculated and charged as outlined in the Appointment Agreement.
11.2. Fees are payable upon receipt of the invoice.
11.3. Failure to pay fees may result in delays in the project.
11.4. Clients are responsible for paying statutory authority fees and consultant fees separately.
11.5. Under CDM 2015 regulations, Clients must appoint a Principal Designer and CDM advisor.
12. Late Payment Interest
12.1. Payment is due upon delivery of the invoice.
12.2. Interest will be charged on late payments in accordance with the Late Payment Commercial Debts (Interest) Act 1998.
13. Additional Work
13.1. Additional fees will be charged for extra work or delays beyond the Architect’s control.
14. VAT
14.1. All fees are exclusive of VAT unless otherwise stated. VAT will be charged at the applicable rate.
15. Expenses
15.1. The Client shall reimburse expenses, such as printing and travel costs, as itemised in the invoice.
16. Disbursements
16.1. Disbursements, such as payments to local authorities for planning submissions, are charged at net cost plus a handling fee.
17. Records and Documentation
17.1. Plans Direct LTD will maintain records of expenses and disbursements for review upon request.
18. Email Policy
18.1.
Unless otherwise stated, communication will be conducted by email. Clients are responsible for checking incoming emails for viruses.
19. Storage of Paper and Documents
19.1. Plans Direct LTD retains all documents until fees and expenses are paid in full.
19.2. The office operates a paperless policy, and documents will be stored electronically for six years after project completion.
20. Assignment of Agreement
20.1. Neither the Client nor the Architect may assign or transfer their rights without prior written consent.
21.Termination of Agreement
21.1.Either party may terminate the agreement by giving seven days’ written notice.
21.2. Plans Direct LTD may terminate the agreement if the Client fails to remedy a breach or in the event of insolvency.
22. Dispute Resolution
22.1. Disputes should be resolved through negotiation or mediation before court proceedings or adjudication.
23. Architect’s Continuing Liability
23.1. Plans Direct LTD is subject to disciplinary action by the Architects Registration Board for professional misconduct.
24. Principal Designer under CDM 2015
24.1. Plans Direct Ltd will not act as Principal Designer under the Construction (Design and Management) Regulations 2015 unless formally appointed in writing by the Client for that role.
24.2. The Client is legally responsible for appointing a competent Principal Designer where a project involves more than one contractor. In the absence of such an appointment, the Client may themselves be held liable for the duties of the Principal Designer under CDM 2015.
24.3. Plans Direct Ltd does not accept responsibility for the duties of the Principal Designer unless appointed explicitly and separately in writing. Should Plans Direct Ltd be deemed to have assumed the role by operation of law, the Client will be notified in writing and a separate agreement, including scope, fees, and responsibilities, will be required before any such duties are undertaken.
24.4. Plans Direct Ltd’s role as Principal Designer, if appointed, will be limited strictly to the pre-construction phase unless otherwise agreed in writing.
24.5. Upon commencement of construction, the Principal Contractor shall be responsible for managing health and safety risks during the construction phase, as required under CDM 2015.
25. LiDAR Scan
25.1. All property surveys conducted by Plans Direct Ltd are performed using a LiDAR 3D scanner. This technology captures detailed surface data of the property and provides high-resolution images for analysis and reference. The measurements captured during the scan form the basis for any drawings produced by Plans Direct Ltd. While the LiDAR scanner provides a high level of detail, the resulting measurements are subject to certain tolerances and should not be assumed to be 100% accurate due to environmental factors, limitations of the technology, or obstructions present during the scan.
25.2. LiDAR scanners capture surface data only and do not penetrate through materials/surfaces. The data provided represents only the visible and accessible surfaces at the time of the scan. In addition to surface data, the scan may also include photographic virtual tours of the entire property or the areas scanned. Clients are advised to remove or secure any confidential or sensitive information or materials before the scan. Plans Direct Ltd will not be responsible for any damages or the exposure of confidential information as a
result of the photographic virtual tour.
25.3. LiDAR scans are subject to a tolerance level, and accuracy may vary based on specific site conditions and Environmental factors.
25.4. Environmental conditions (e.g., lighting, weather, dust), surface reflectivity, obstructions, and site changes can affect
measurement accuracy.
25.5. Contractors are responsible for verifying all measurements provided by the LiDAR scan on our drawings. Any critical
measurements for construction or design must be independently verified by the contractor on site.
25.6. Clients must report any discrepancies in the LiDAR data to Plans Direct Ltd immediately. We will review the issue and
conduct additional scans or provide assistance as needed. Plans Direct Ltd will not be liable for delays due to unreported errors.
25.7. Plans Direct Ltd does not guarantee absolute precision in the data. Supplementary tools and techniques should be used for
critical measurements.
25.8. Plans Direct Ltd is not liable for damages or inaccuracies resulting from reliance on LiDAR data within tolerance ranges or
data not independently verified.
25.9. By using the LiDAR scanning services, the client acknowledges these terms and agrees to independently verify critical
measurements.
26. Services Provided by Others
26.1. The following services are to be provided by others, and the appointment of these consultants is to be between the Client and consultants directly. This list is not exhaustive, and other consultants may be required depending on the specifics of the project:
- Structural Engineering Services.
- Mechanical and Electrical Engineering Services.
- Quantity Surveying Services.
- Topographical Surveyors.
- Highways Consultants.
- Flood Risk Assessments.
- BREEAM Assessments/EPC’s/SAP Calculations.
- Party Wall Surveyors.
- Noise Consultants.
- Ground Investigation/Remediation Consultants.
- Landscape and Arboriculture Consultants.
- Asbestos Specialists.
- Ecological/Bat Surveyors.
27. Local Authority Fees
27.1. Local Authority fees for both Planning/Building Regulations and onsite inspection fees are the responsibility of the Client or contractor, not Plans Direct Ltd.
28. Site Visits and Inspection
28.1. Site visits and inspections are excluded from all quotations unless specifically agreed otherwise.
29. Additional Work and Services
29.1. Any services outside the scope of the agreed client brief, including changes to proposals after the submission of a planning application or for Building Regulation approval, will be subject to additional fees. These fees will be agreed upon after discussing the changes with the Client and may be charged either as a set fee or on an hourly rate basis, depending on the nature of the work required.
29.2. If further involvement is required, Plans Direct LTD reserves the right to submit a revised fee proposal with written mutual agreement with the Client.
30. 3D Modelling and Animation Exclusion
30.1. 3D modelling and any animation work is excluded from the agreed fees unless otherwise specifically agreed.
Terms and Conditions for Housing Inspection Reports
101. Definitions
101.1. Business Day: A day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
101.2. Charges: The charges payable by the Customer for the supply of the Services.
101.3. Commencement Date: The date on which the Contract between the Customer and Plans Direct Ltd comes into effect.
101.4. Contract: The agreement between the Customer and Plans Direct Ltd for the supply of Services in accordance with these Terms.
101.5. Customer: Any individual or business that seeks to use the service provided by Plans Direct Ltd under this Contract.
101.6. Order: The Customer’s request for Services.
101.7. Services: Refers to the preparation of either on-site or online housing inspection reports for immigration purposes in accordance with this Contract.
102. Basis of Contract
102.1. The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.
102.2. The Order is deemed accepted when Plans Direct Ltd issues written acceptance or proceeds with fulfilling the Order. The Contract shall come into existence at this point (the Commencement Date).
102.3. These Terms apply exclusively to the Contract and override any other terms the Customer or Plans Direct Ltd might seek to impose or incorporate.
103. Supply of Services
103.1. On-Site Inspection Reports: Plans Direct Ltd will provide a qualified inspector to assess the property in person. The assessment will evaluate the property for immigration purposes, ensuring it meets required standards.
103.2. Online Inspection Reports: The Customer is responsible for providing accurate information, including room dimensions, photographs, and property details. The accuracy of the online report depends solely on the data provided by the Customer. Important: Online reports may not be acceptable for certain legal or regulatory purposes. It is the Customer’s responsibility to confirm with their legal representative whether the online report will be accepted before purchasing our services. Plans Direct Ltd accepts no liability if the online report is not accepted for its intended purpose.
103.3. All reports are valid for 12 weeks from the date of issue. Plans Direct Ltd cannot guarantee acceptance of the report by UKVI or UKBA after this period or if the Customer fails to provide accurate information.
104. Customer’s Obligations
104.1. For on-site reports: The Customer must ensure access to the property at the agreed time. All residents must be present and have valid identification available. If any residents are unavailable, their photographic identification must be provided.
104.2. For online reports: The Customer must ensure all information provided (such as room sizes and photographs) is accurate and up to date.
104.3. Failure to provide accurate information may result in the report being inaccurate, for which Plans Direct Ltd will not be held responsible.
105. Charges and Payment
105.1. The Charges for the Services will be as outlined in the Order. Payment is required either in advance or at the time of the assessment.
105.2. In the case of on-site reports, payment is due on the day of the property inspection. For online reports, payment is required prior to the report being generated.
105.3. All fees are exclusive of VAT unless stated otherwise.
106. Amendments and Revisions
106.1. For both on-site and online reports, revisions due to errors made by Plans Direct Ltd will be free of charge.
106.2. Revisions due to errors or omissions made by the Customer (e.g., incorrect information or room dimensions) will incur an administrative fee of £25.
106.3. Clients are advised to review the report immediately upon receipt. Errors reported after 14 days from the report issue date will incur a revision
fee.
107. Cancellation and Termination
107.1. On-Site Reports: If the Customer cancels the appointment less than 12 hours before the inspection, a 50% cancellation fee will apply.
107.2. Online Reports: Cancellations within 24 hours of submitting the booking form will incur a 50% cancellation fee if the report has already been processed.
107.3. Plans Direct Ltd reserves the right to terminate the Contract if the Customer breaches any of these Terms.
108. Liability and Limitation
108.1. The inspection reports are intended solely for immigration purposes and should not be used for any other purpose unless otherwise agreed in writing.
108.2. Plans Direct Ltd’s liability is limited to the value of the report and does not extend to any legal costs, application fees, or any other expenses related to the immigration process.
108.3. Plans Direct Ltd shall not be responsible for any errors or omissions in the report resulting from inaccurate information provided by the Customer.
109.
Governing Law
109.1. These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.