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, cost, 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 and annually, if required under the Framework Agreement.
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 and area concerning the proposal.
5.3. No action shall be brought against Plans Direct LTD after six years from
the date of the contract.
5.4. The Architect shall maintain professional indemnity insurance until the
expiry of their liability.
5.5. Clients agree not to pursue any claims, whether in contract, tort, or otherwise, against individual employees, directors, or agents of Plans Direct LTD. Any claim related to services provided shall be directed exclusively to Plans Direct LTD as the contracting entity.
5.6. Liability for non-architectural design elements rests with the consultants or specialists responsible for their design and implementation. Plans Direct LTD does not accept liability for elements designed or instructed by parties not under their direct contract. Clients are responsible for ensuring that all consultants and specialists provide appropriate professional indemnity insurance coverage that aligns with the extended liability periods specified by the Building Safety Act 2022.
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 unless appointed in writing by
the Client.
24.2. If the Client fails to appoint a Principal Designer and the project
involves multiple contractors, Plans Direct LTD may automatically assume the
role of Principal Designer. If this occurs, the Client will be informed, and
additional fees may apply.
24.3. Plans Direct LTD’s role as Principal Designer, whether appointed or
assumed, will be limited to the pre-construction phase.
24.4. Following the Building Control approval, the Principal Contractor will be
responsible for managing health and safety risks during construction.
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.