Terms and Conditions
On approval of the quote by the Client the set terms and conditions as below will be adhered.
Active Architecture (The planning agent referred to as Agent) shall exercise reasonable skill, care and diligence in providing Architectural Services to the Client.
A binding agreement is confirmed by acknowledgment of these terms of Service or on acceptance of the quote provided to the Client from the Agent.
All Services provided by the Agent are under the understanding and information provided by the Client. This includes and is not limited to any other information that may be provided during the course of the Agreement.
The Client acknowledges that the Agent does not warrant in any way or form that planning consent will be granted or will be granted in any time-frame in respect of the services provided.
Building control drawings, structural specifications and calculations including Building Control applications are not covered by these terms of Service. This is separate and can be provided at an additional fee or referred to a third party. It will be at the sole discretion of the Client as to whom they wish to appoint as their structural engineer.
The Client understands that the Agent does not take responsibilities in terms of any party wall acts or agreements arising from any planning consent. This is the responsibility of the Client or owners of the property. Similarly the Agent does not take any responsibility in terms of building or site works resulting from any planning consents. This could be in terms of supervision, inspection or completion (Unless previously agreed in writing) All measurements (existing or proposed) to be confirmed on site by the responsible party carrying out the works to avoid errors.
For the services provided to the Client by the Agent the Client agrees to pay 50% of the quote value to the Agent on receiving the invoice which is non-refundable. The remainder balance will be due on the day of making the application or as previously agreed in writing by both Agent and Client. If multiple applications are made then separate payment terms can be agreed upon in writing. Any extra work not covered in the scope of works as agreed on the invoice will be charged at an hourly rate and will be informed to the Client prior to any commencement of works. This could be in the form of special drawings needed by the planner not usually covered under standard applications.
The Agent shall own all intellectual property rights including the copyright in the drawings and documents produced in providing the Services. No part of any design by the Agent may be registered by the Client without the written consent of the Agent. Providing that all fees and/or other amounts are paid, the Client shall have a licence to copy and use the drawings and documents only for purposes related to the planning phase of the Project. The Agent shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared.
In terms of liability and insurance, the Agents liability for loss or damage (resulting from the services provided) shall not exceed the amount of the Agents professional indemnity insurance providing the Agent has notified the insurers of the relevant claim or claims as required by the terms of such insurance. No employee of the Agent or any agent of the Agent shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services.
The Client may suspend or end performance of any or all of the Services and other obligations by giving at least seven days’ written notice and stating the reason for doing so. The Agent may suspend or end performance of any or all of the Services and other obligations by giving at least seven days’ written notice and stating the ground or grounds on which it is intended to do so. Such ground or grounds include, but are not limited to the Client’s failure to pay any fees or other amounts due by the final date for payment.
The Agent and Client both agree to indemnify and hold harmless the other Party, and its respective affiliates, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, expenses, legal fees or any other costs including injuries which result from or arise out of any act or omissions of the indemnifying party. This indemnification will survive the termination of this agreement.