(abridged) Ansham Associates Ltd Consultancy Terms and Conditions April 2016 on

 

Terms and Conditions (In relation to provision of consultancy services)

 

Status:

Ansham associates ltd. Is a registered company. 09845595

Unit 1, 83 Cheriton Road, Folkestone, Kent, England, CT20 1DG

 

The practice provides building design consultancy services, including but not restricted to; measured building surveys, architectural design work, drafting, completion of statutory applications, feasibility studies, site analysis, design development, technical building design, tender documentation production,contract administration, works inspections, and employers requirements production.

 

Quality

The practice operates a quality assurance procedure.

Details are available on request.

The consultancy agrees to apply reasonable and normal levels of skill and care in providing professional services expected of any professional of similar experience and qualification.

 

Information Issue (Delivery Policy):

The practice operates an essential paper use only policy and, in line with our environmental policy, prefers electronic communication. Issue of information will occur electronically within the agreed fee upto three times. Paper copies, or further issues will incur charges.

 

We will deliver services as per the terms stipulated within individual agreements unique to each project and client.

 

These terms will stipulate the time frame and content of the services being delivered.

We will release information electronically via email, normally in PDF format. If information fails to be delivered contact the consultancy via the client care information to report the failure. The consultancy will investigate and re-issue information via another medium if necessary within 48 hours.

 

Indemnity:

The limit for liability of any claim pertaining to professional services provided is £250,000 against the insurance policy covering ansham associates ltd for such claims.

 

Fees & Charges

Lump sum fees will be agreed for fixed and quantified work at the outset of every project.

 

Sums additional to original fee quotes may be chargeable for additional work to that originally agreed.

 

Additional work will be charged by the schedule attached to fee quotations and is standardised. It contains information on professional time and disbursements.

 

Invoicing

Invoices will be issued by ansham,

Cheques and returns should be made payable to “ansham associates ltd”

 

Invoices will be issued at a pre-agreed stage of the works; normally immediately prior to the submission of planning applications or immediately following the completion of preliminary work.

 

New clients will be required to make a deposit payment of minimum 50% prior to commencement of any works.

 

Invoices are payable strictly by return unless credit terms are agreed in writing. Interest will be charged at 3% above the Lloyds bank standard rate of interest on outstanding or late balances.

 

Projects will be suspended and resources re-assigned following 28 days overdue payment. If the client agrees to a suspension a remobilisation fee of 5% of the original total fee is chargeable for restarting the project and re-assigning resources following suspension due to non payment.

 

Projects may be terminated following 56 days of non payment and/or failure by a client to communicate instructions to the practice. The practice is under no obligation to issue part or fully completed works when fees are overdue beyond 56 days. Following termination, accounts may be referred to a third party legal representative who will commence proceedings to recover fees by legal action.

 

Clients unable to make payment return by the due date stated on the invoice: He/She should contact the practice immediately. Applications for extensions to payment terms, (i.e. credit) or payment by instalments may be available and will be considered on an individual basis.

 

Copyright

The practice reserves copyright on all works issued of original character. The practice implicitly does not grant licence for use of any material other than for the agreed original purpose.

 

If any client wishes to apply new purpose to work completed, he/she should contact the practice who will provide details of consideration payable for the granting of licence to use work for a specific purpose other than that originally intended.

 

Clients Rights of Termination

Clients may terminate service agreements with 14 days notice for any reason at any stage of works.

 

Following 14 days notice the consultancy will calculate the value of works completed to the date via the schedule of fees attached to all fee quotations. The practice will claim costs to the date of termination and additional costs incurred in terminating the works including re-assignment of resources. The practice will provide a final account/invoice as per normal invoicing procedure following 14 days after termination.

 

In case of instruction to terminate works, the practice is under no obligation to provide the client with part completed output, we consider that part completed works are not subject to our quality assurance procedure and therefore carry an unacceptable level of risk if they were to be issued.  The practice reserves full copyright on all partially completed works.

 

Our policy regarding Refund of Fees is outlined below in the section “refund of fees”

 

Practices’ Rights of Termination

The practice reserves the right to terminate a service agreement with 14 days notice for reasons including but not restricted to: failure by client to communicate promptly, make payments as required, adhere to/accept these terms and conditions, provide accurate information, act with reasonable professionalism.

 

Following 14 days notice the consultancy will calculate the value of works completed to the date via the schedule of fees attached to all fee quotations. The practice may claim costs to the date of termination only.

Refund of Fees and Settlement of accounts for unscheduled terminations.

In line with our standard terms and conditions, you may cancel any service agreement you have made with us with 14 days notice.

 

“Clients may terminate service agreements with 14 days notice for any reason at any stage of works.”

 

Following 14 days notice the consultancy will calculate the value of works completed to the date via the schedule of fees attached to all fee quotations. The practice will claim costs to the date of termination and additional costs incurred in terminating the works including re-assignment of resources.

The practice will provide a final account/invoice as per normal invoicing procedure following 14 days after termination.

A typical account settlement scenario might be be:

You have instructed us to complete a planning application on your behalf, of fee value £2,000.

You choose to cancel after 4 weeks for personal reasons.

We in this time have completed approximately 40% of the work required.

We will charge you 40% of the fee + 10%. for costs relating to de-mobilisation of resources.

If you were a new client and had paid 50% in advance. You will have nothing to pay. A statement will be issued to this effect.

If you were a repeat client and had not yet paid any sums towards your project, we would issue an invoice for £1,000 (40%+10%=50% of £2,000).

A typical refund scenario might be be:

You have instructed us to complete a planning application on your behalf, of fee value £2,000 and paid us a 50% deposit (£1000 as a new client).

You choose to cancel after 2 weeks for personal reasons.

We in this time have completed approximately 10% of the work required.

We will charge you 10% of the fee + 10%. for costs relating to de-mobilisation of resources. (i.e 20% of £2,000=£400)

We would refund £600-00 to you with a statement outlining this.

 

Other instances in which a refund may be provided are at the discretion of the consultancy and include but are not limited to: In the event the consultancy breaches its own terms and conditions. In the event that the consultancy withdraws its offer of service when a deposit has been paid. In the event the consultancy wishes to settle a client care issue.

 

Completion of previously cancelled, partially completed services.

The practice may at its discretion choose to complete partially completed projects at a later date by new agreements. These projects may carry varying terms and conditions to the original works. Completion of works will be subject to acceptance of a new fee quotation. The practice may if appropriate subtract sums previously invoiced for part complete works from new fee quotations.

 

A typical scenario might be be:

12 months following your cancellation of your original planning application,, that was 50% complete, you decide you wish to complete the work.

We will provide you with a new fee quotation at current rates of service for that time. This quotation will be for the works as would be required as if it were a new project. We then may subtract the fees previously received if appropriate.

We may provide a new quotation of £2,500 and offer a discount of £1,000 in view of the previously terminated and partially complete work. This mean a new fee of £1,500 would apply to the project.

 

The new work would be subject to updated (if applicable) terms and conditions and a new contractual agreement.

CDM

Be aware of your statutory obligations under CDM 2015. You must appoint a suitably qualified person to act on your behalf if you cannot act for yourself. If you are acting as designer or principle (example: clients who obtain planning permission prior to engaging ansham) then you are also responsible for handing over the CDM file to ansham upon appointment.

 

Client Obligations – Contingencies

We advise all clients that they should hold a 20% contingency in view of construction sums in order to deal with any errors, omissions or other unexpected costs that may arise through construction. Where any client has failed to provide the requested research such as searches, surveys or investigations, they will solely be responsible for any and all costs arising through absence of information. We will refer any losses to this provision as is normal practice.

 

Our Rights to withdraw offer of providing services

The business reserves the right to cancel or withdraw any offer of commencing work at their discretion without compensation to the client for any reason prior to the commencement of works.

 

Rights of third parties

Any agreement does not purport to give rights to any third parties.

 

Confidentiality

The following details of projects will not be deemed confidential: Contract Value and/or Fee Value, Location, General Description, Client, Photography and or communicative drawings, visualisations, images. This data may be used by the practice without consent for future marketing purposes, publication on websites, both our own and third party, as well as for submission into competitions. Data that will be kept strictly private in accordance with our privacy policy includes but is not restricted to:

 

Personal details,

documentation pertaining to fees and billing (except the contract value/fee value), any information agreed by arrangement to be kept confidential. All data including that deemed confidential may be used for any activity relating to the business activities of the practice but no other reason.

 

Construction, Contracting & Design and Build

OF EXTREME IMPORTANCE to clients who have instructed ansham to appoint or carry out site work on their behalf.

 

  1. Ansham will never give a fixed timeframe or budget unless this is explicitly set out in written terms for works.
  2. Ansham is unable to guarantee timescales or budgets where they are being delivered by subcontractors.

Generally works will be subcontracted by ansham therefore the performance of others and variables of site and circumstances cannot be warrantied by ansham.

  1. The need to keep a contingency is essential and the need for this fund to be available to ansham is an essential client responsibility.

Generally this requirement is in line with normal practice and provides for to ensure completion of projects where unforeseen matters need to be dealt with.  

  1. Generally ansham will only provide design and instruction services and not seek to project manage site works or act as contractor in any capacity however where we are explicitly appointed to provide such a service (i.e. to design and build) we will charge a premium fee over and above the value of any such contract as follows.

Our fee premium for any such work will be minimally 15% of the contract value as agreed.

 

Jurisdiction

The practice operates under UK law.

 

Client Care

For any type of customer service enquiry please contact us by email or telephone. For full details email: enquiries@ansham.com

 

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