1. General
1.1 “the Company” is ACADDS (East Anglia) Ltd, Registered in England & Wales (No. 08313095), and has its Registered office at Unit 4B, Boldero Road, Bury St Edmunds, Suffolk, IP32 7BS and is represented by “the Designer” as the sole share-holder of the Company who undertakes specific Architectural work as commissioned by the Client on behalf of the Company.
1.2 “the Client” is a home owner/occupier who commissions services from the Company.
1.3 “the agreement” means the agreement between the Company and the Client including these Conditions of Engagement.
2. Company services
2.1 The Company will provide the Client with a list of services to be provided by the Company and the Company and the Client will agree the services and any specific quality standards to be provided by the Company.
2.2 The Company nor the Designer will act as a contract administrator under the building contract, and will not be responsible for the giving of instructions to the building contractor nor the issue of certificates.
3. Client’s responsibilities
3.1 The Client will provide a clear explanation of the project and any relevant information the Company needs to carry out his services.
3.2 The Client will provide the Company with clear information about the Client’s budget and required timescales for completion of the Companies services and the project.
3.3 The Client (unless otherwise stated) agrees that the Company can appoint on the Clients behalf any other professional specialist services required to carry out the duties of the Company. The fees for these consultants shall be separate from, and additional to, those charged by the Company, and are to be settled by the Client directly. The Company shall not be responsible or liable for the work of those other professional specialist services.
3.4 The Client will be available at all reasonable times throughout the project in order to give prompt consideration to the Companies advice and the Companies queries and to provide prompt responses.
3.5 The Client will take on full responsibilities under CDM 2015 regulations.
4. Companies responsibilities
4.1 The Company will advise the Client regarding a realistic timetable for the implementation of the project and shall inform the Client of methods to ascertain the estimated costs of the building work.
4.2 Where the Company considers other consultants, specialist contractors or sub-contractors are required to undertake part of the design work, the Company shall advise the Client of this requirement. The Company unless otherwise requested by the Client will appoint other contractors as necessary to carry out the Companies duties on behalf of the client, however the agreement for payment of these consultants will be the responsibility of the Client.
4.3 The Company shall integrate into the design for which he is responsible the designs of the other consultants, specialist contractors or sub-contractors.
4.4 The Company, if specifically instructed to do so by the Client, shall make such periodic inspections of the building works as he considers reasonably necessary to check the progress of the works and to see that the building contractor is generally complying with the design contract documents.
4.5 The Company shall not be responsible for the work of the building contractor nor for any failure of the building contractor to complete the building work in accordance with the terms of the building contract.
4.6 The Company shall act in a fair and impartial manner between the Client and the building contractor, but will not be used for administering the building contract.
4.7 Where this forms part of the Agreement, the Company will act as the Client’s agent to apply for any necessary statutory approvals (such as planning permission and building regulations approval) but does not guarantee that such approvals will be obtained.
4.8 The Company shall carry out his duties and obligations and provide the services with reasonable skill and care.
4.9 The Company will advise the Client of their duties under CDM 2015 (as necessary), and will act as the Principle Designer for the project unless instructed otherwise.
5. Fees
5.1 The amount of the Companies fee and dates for invoicing the Companies fee shall be agreed between the Company and the Client.
5.2 The Client shall pay the invoiced fees within 14 days of the date of the Companies invoice, unless otherwise agreed.
5.3 The Companies fee shall include VAT which shall be charged to the Client in addition to Companies fee, if the Company is registered for VAT.
5.4 The Companies fees shall not include local authority fees or charges associated with statutory approvals and other professional or specialist services unless clearly stated in the quotation.
5.5 The amount of any expenses (including but not limited to printing, photography, hotels, travel and subsistence) to be charged to the Client in addition to the Companies fee shall be agreed between the Company and the Client.
5.6 The Company shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment. Interest shall be charged at 5% above the Bank of England base rate from time to time.
5.7 If the Client changes the services to be provided by the Company:
5.7.1 Any increase to the services will entitle the Company to charge the Client an additional fee. Such additional fee shall be provided in writing by the Company and agreed between the Company and the Client as soon as possible.
5.7.2 Any reduction to the services will entitle the Client to a reduction in the Companies fee. Such reduction shall be provided in writing by the Company and agreed between the Company and the Client as soon as possible.
6. Copyright
6.1 The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by the Company (“the Documents”) shall remain vested in the Company. As long as the Company has received the payment of any fees properly due and owing, the Company grants a licence to the Client to copy and use the Documents for the purposes of the project only (excluding any extension of the project). The Company shall not be liable for any use of the Documents for any purpose other than that for which they were prepared and provided by the Company.
6.2 The Company reserves the right to use all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by the Company (“the Documents”) in any publicity and advertising material. Photographs of project will be subject to Clients approval. All reference to Clients name and full postal address will be removed for any publicity material.
7. Duration of Companies liability
7.1 The Designer has no direct liability to the Client, and the Company shall have no liability to the Client under the agreement after the expiry of one year from the completion of the services.
8. Termination
8.1 Either the Client or the Company may terminate the agreement by giving the other fourteen days written notice of termination of the agreement. No reason needs to be given for terminating the agreement.
8.2 The agreement shall terminate immediately if:
8.2.1 the Client (or any one of them if there is more than one) is adjudged to bankrupt or enters into a voluntary arrangement with creditors;
8.2.2 the Company stops trading due to the death of the Designer.
8.3 Upon termination of the agreement, the Client will pay the Companies fee for those services provided up to the date of termination of the agreement.
9. Disputes
9.1 If the Client and the Company are themselves unable to resolve any disputes between them arising out of the agreement:
9.1.1 the Client or the Company can start Court proceedings;
9.1.2 the Client or the Company can refer the dispute to an independent Arbitrator.
10. Law
10.1 The laws of England and Wales apply to the agreement.
11. General Data Protection Regulations – Privacy Policy
11.1 The Privacy policy has been produced to conform with the new General Data Protection Regulations (GDPR) (EU) 2016/679 that replaces the 1995 Data Protection Directive. GDPR is a regulation in EU law on data protection and privacy for all individuals within the European Union.
11.2 The Company will collect as agreed by the Client the following personal data only; Name, Address, Email Address, Phone Number(s) and photos for the use during the project.
11.3 The Company will never request sensitive data from its Clients such as racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, health data or data concerning a natural person’s sex life or sexual orientation.
11.4 The Company due to its requirement to determine the purpose and means of processing personal data will be classified as a Data Controller.
11.5 If the Company acts on behalf of the Client and either uses the collated personal data or passes this data to a third party they will be classified as a Data Processor.
11.6 The Company will use the collected data for Planning and Building Regulation control application forms and all subsequent supporting documents during the project.
11.7 The Company will only pass collected data to third party consultants for appointment and invoicing purposes in accordance with item 4.2 of these Conditions of Engagement.
11.8 The collection and storage processes of data by third party consultants in accordance with GDPR is not the responsibility of ACADDS (East Anglia) Ltd.
11.9 Storage of the collected data (excluding photos) will be held by the Company in offline project folders for as long as is necessary, and in accordance with requirements for Insurance purposes.
11.10 The Client at any time can request copies of the collected data to be sent to them either electronically or via post.
11.11 The Client can at any time request that the collected data is not to be used or is destroyed. The Company will notify the Client if the destruction or limitation of this data would restrict any works being carried out in support of the Clients project.
11.12 The Company will not use any collected data (excluding photos) for publicity material as agreed by the client and in accordance with Item 6.2 of these Conditions of Engagement.
11.13 The Client has the right to raise any concerns it has with the Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/ ,if you believe that your data protection rights have not been adhered to.
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