Terms and Conditions
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1. Introduction
Welcome to Design-3. These terms and conditions govern the relationship between Design-3 and the Client (referred to as "you" or "Client"). By engaging our services, you agree to be bound by these terms and conditions.
2. Services
2.1. Design-3 agrees to provide architectural and design services as outlined in the project proposal and agreement.
2.2. Any additional services required will be subject to additional charges and must be agreed upon in writing.
2.3. The delivery of the project will rely on various consultants, including but not limited to: Planning Consultant, Quantity Surveyor, Structural Engineer, Acoustician, Highways Consultant, M&E Engineer, CDM Co-ordinator, and Contract Administrator (if the build is procured on a traditional contract).
2.4. Design-3 is not responsible for the structure of the building. A Structural Engineer will be appointed on all projects to sign off the structure of the property.
3. Consultant Engagement
3.1. Should we need to engage further consultants, we will inform you in writing prior to this.
3.2. Design-3 is not responsible for the performance and appointment of these consultants. All consultants on the design team are to be employed directly by the Client.
4. Fees and Payment
4.1. By approving the project quote, it automatically turns into an invoice.
4.2. You have 30 days to pay the invoice from the date of approval.
4.3. All payments must be completed before any planning submissions are made.
4.4. Changes to the drawings will incur additional charges at a rate of £55 per hour.
5. Exclusions
The following are not included in our scope of work unless explicitly agreed upon:
5.1. Any site investigation work, including specialist reports or a topographical survey.
5.2. Planning conditions and Building Regulation application fees.
5.3. Any testing or specialist reports required by Building Control.
5.4. Any contract administration during the construction phase.
5.5. Extraordinary planning negotiations, including multiple working amendments resulting from design changes instigated by parties other than Design-3.
6. Sub-Contracting
6.1. Design-3 does not sub-contract any part of the works.
6.2. We do not take responsibility for the performance and appointment of other consultants.
7. Change in Scope of Works
7.1. Should the scope or complexity of works change, our fee will be amended and agreed upon prior to further work.
7.2. This ensures that our fees reflect the complexity of the project and the level of service required.
8. Professional Indemnity Insurance
8.1. Design-3 carries the appropriate level of indemnity insurance cover in line with the requirements of the Architects Registration Board.
9. Structural Responsibility
9.1. Design-3 is not responsible for the structure of the building.
9.2. A Structural Engineer will be appointed on all projects to sign off the structure of the property.
10. Termination
10.1. Either party may terminate the agreement by providing 30 days' written notice.
10.2. In the event of termination, you will be responsible for payment of all services provided up to the termination date.
10.3. Any drawings that have been started or completed will require payment
11. Limitation of Liability
11.1. Design-3 shall not be liable for any indirect, incidental, or consequential damages arising from the performance of services.
11.2. Our liability for direct damages shall be limited to the fees paid by the Client for the specific project.
12. Governing Law
12.1. These terms and conditions shall be governed by and construed in accordance with the laws of [Your Jurisdiction].
12.2. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
13. Miscellaneous
13.1. If any provision of these terms and conditions is found to be unenforceable, the remaining provisions will continue in full force and effect.
13.2. These terms and conditions constitute the entire agreement between Design-3 and the Client and supersede all prior agreements and understandings.
Acceptance
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.