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TERMS & CONIDITIONS

Unless a Standard Form of Appointment is used, the following terms shall be the terms under which Clark Architecture and Design Ltd performs their services:

 

Entire Agreement

This agreement is to offer Clark Architecture and Design Ltd  (herein referred to as ‘The Architect’), to perform the consulting services described in the attached Scope of Services. On acceptance by the Client, the Architect is strictly limited to the attached proposal and these Terms and Conditions for Architectural Services, which when acknowledged in writing, is authorised to proceed. The Client is defined as the person or business entity signed in the Agreement, authorising the Architect to proceed.

 

This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing, to be executed by both Parties.

 

Services to be Performed

The services to be performed are described in the preceding Scope of Services and Fees. Unless otherwise specified in the Scope of Services and Fees or the Terms and Conditions, the Architect shall furnish all technical and professional services, including labour, materials, supplies, equipment, transportation and supervision to perform all tasks listed in the Scope of Services and Fees and in accordance with the target schedule.

 

The execution by the Architect of the role of Principal Designer under the Construction Design and Management Regulations 2015 will end at the same time our services conclude, unless otherwise agreed in writing in advance. To ensure clarity on this point, we will seek confirmation of your acceptance to proceed to the next stage of the project in writing (letter or email) at which time we will proceed with both our Architectural and Principal Designer service. At the time our involvement in the project terminates, we will provide or make available upon request, the pre-construction information of the project to that date. After which we will only undertake Designer duties under CDM 2015 on any advice given.

 

The duties of the architect will be undertaken with reasonable skill and care.

 

Client Responsibilities

The Client shall establish a project budget with reasonable contingencies that meets the project requirements. The project budget shall be established by the Client prior to the Architect proceeding with the Scope of Services and Fees.

 

Cost estimates – other than the indicative costs based on a meter squared rate, the Architect is not contracted to provide cost estimating services. The Client shall employ a contractor or construction cost estimating consultant to provide cost estimating services. The Architect and its consultants do not warranty, guarantee or certify the construction cost for the project or any part of the project.

 

The Architect assumes that the Client shall be the Project Representative, unless the Client notifies the Architect, in writing, that another Project Representative has been appointed within five (5) business days.

 

Compensation for the agreed works is set out below.

 

Compensation

The attached proposal describes the tasks, phases and compensation terms. Terms of payment and invoices shall be submitted upon completion of a stage or on a monthly basis: percentage complete at that time; or hourly rate. Payments are due upon the Client’s receipt of invoice. Amounts that are unpaid fourteen (14) days after the invoice date will bear interest of eight present (8%) per year, over the dealing rate of the Bank of England Rate, current at the date that payment becomes overdue, together with such costs reasonably incurred by the payee (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due under this Agreement.

 

Additional Services and Costs                  

All additional services shall be approved by the Client and the Architect in writing prior to proceeding. The following are additional services that are not specified above and are considered beyond the basic Scope of Services and Fees:

The following activities do not form part of the Services unless identified as ‘Other Services’ in writing:

  • Costing of the proposed works, other than a superficial costing based on an m² rate.

  • Models and special drawings.

  • Making submissions to and negotiating approvals by landlords, freeholders, etc.

  • Preparing a schedule of dilapidations.

  • Services in connection with Party Wall negotiations.

  • Negotiating a price with a contractor (in lieu of tendering).

  • Services in any dispute between the client and another party.

  • Services following damage by fire and other causes.

  • Services following suspension, termination of any contract or agreement with, or the insolvency of any other party, providing services to the project.

  • Services in connection with the government and other grants.

  • Master Planning.

  • Redesign to meet project budget costs. The Client is responsible to establish project budget costs and obtain required cost estimates, other than indicative costs as set out in the Scope of Services and Fees.

  • Interior Design Services.

  • Landscape design services.

  • Party representation in dispute or legal proceedings.

 

Fees for Additional Services

The Architect may provide additional services beyond those listed in the Scope of Services and Fees, by a negotiated sum or on an hourly basis. The Architect’s hourly rates are as outlined in your Scope and Fee  agreement

 

Hourly rates specified are valid for 1 calendar year (1 January – 31 December) and apply to all projects within that calendar year. These shall be reviewed annually and if deemed necessary, shall be increased on the first day of the subsequent year to reflect market conditions, employee benefits and salary compensation.

 

Reimbursable expenses shall include, but not be limited to: printing, reproductions, bulk copying, photographic services, long distance telephone calls, postage, shipping, delivery, long distance travel expenses, lodging, meals and/or other project related out-of-pocket expenses. Items shall be reimbursed to the Architect at cost plus two and a half percent (2.5%), unless a specific cost is listed below:

Large format prints:      

SIZE

COLOUR

BLACK&WHITE

A0

A1

A2

A3

A4

£ 7.00

£ 5.50

£ 3.50

£ 0.75

£ 0.30

£ 1.15

£ 0.75

£ 0.60

£ 0.30

£ 0.15

Large format prints A0-A2 printed by third party, there is a min. cost for A2-A0 £5.00 plus £5.00 delivery fee.

 

Travel mileage rate: £0.45 per mile

 

We would expect to incur and pass on to you a charge of approximately £30.00 (including VAT) to purchase Ordnance Survey data in order to prepare location plan drawings that are necessary for the Planning and Building Regulation applications. If the cost is more than this, this will be confirmed with the Client in advance of purchase.

We have informed you that it might be necessary to appoint other consultants throughout the project, to ensure completion of the design. For example these may include, but are not limited to, structural engineers, mechanical engineers, kitchen designers, landscape designers, interior design consultants, audio/video consultants, lighting designers, etc.

The above consultants will be engaged and paid directly by yourselves. We would of course help you to commission such consultants and would provide them with any information that they require.

The Client is responsible for the payment of all fees for statutory application, including but not limited to, all types of Planning and Listed Building Applications, Building Regulations Application etc.

 

Copyright

The Architect shall own the copyright of the drawings and documents produced in performing the services and generally assert the Architect’s moral rights to be identified as the author of such work. 

Providing that all fees and/or other amounts properly due are paid, the Client shall have a licence to copy and use and allow other persons providing services to the project to copy and use the drawings and documents for purposes related to construction of the project or its subsequent use or sale; but may not be used for reproduction of the design for any part of any extension of the project or any other project.  The Architect shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared. Reuse and/or modification of any such documents, without the Architect’s written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold the Architect harmless from all claims, damages and expenses, including solicitor’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client.

No part of any design produced by the Architect may be registered by the Client without the written consent of the Architect. 

 

Publicity

The Architect and its consultants shall have the right to photograph the project and to use the photographs in the promotion of their professional service through publication, advertising, public relations, brochures, websites, or other marketing media.

 

Liability

Insurance – the Architect shall maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client in contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work and in any case limited to a total of £1,000,000. Any such liability will expire after six years from completion of the services. Professional Indemnity Insurance cover shall be maintained for this amount until the expiry of our liability. 

Certificates of insurance are available on request.

 

The Architect and the Client waive consequential damage for claims, disputes and other matters in question arising out of or relating to this agreement.

The Architect shall not be responsible for the identification, removal, testing and/or certification of removal for any hazardous substance including, but are not limited to, PCB, petroleum, mould infestation, hazardous waste, asbestos, lead, and any other similar substances. The Architect and the Client acknowledge that the Scope of Services and Fees does not include any items related to a Hazardous Environmental Conditions.

 

Disputes

The Architect aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue. However, either of us can refer the matter to adjudication or the courts in accordance with the following: 

In the event of any dispute or difference arising under the agreement, the parties may: 

  1. Attempt to settle the matter by negotiation or mediation; or,

  2. Start court proceedings to settle the dispute at any time; or,

  3. Have disputes decided within 21 days by an adjudicator appointed under the RIBA Adjudication Scheme for Consumer Contracts.

If appointed, the adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator.

Please also note that all work carried out by the Architect is under the supervision of an Architect, James Hough, who registered as such under the Architects Act 1997 with the Architects Registration Board (ARB) and is subject to the Architects Code: Standards of Conduct and Practice. The Client can refer any complaints to the ARB if the conduct or competence of the Architect falls short of the standards in the code. 

 

Suspension or Termination

The Client may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so. 

The Architect may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by the date when payment is due. 

If the reason for a notice of suspension arises from a default: 

  1. Once remedied, the Architect shall resume performance of the services and other obligations within a reasonable period; or

  2. Is not remedied by the defaulting party, the agreement will end by giving at least 7 days’ further written notice.

Where services are suspended by the Client and not resumed within 3 months, the Architect has the right to treat performance of the services affected as ended, on giving at least 7 days’ further written notice to the Client.

 

Consumer’s Right to Cancel

The Client (domestic client procuring works exclusively for their own use and not for commercial gain) has the right to cancel this agreement for any reason by delivering or sending (including by electronic mail) a cancellation notice to the Architect at any time, within the period of 7 days, starting from the date when this agreement was made. 

The notice of cancellation is deemed to be served as soon as it is posted or sent to the Architect, or in the case of an electronic communication, on the day it is sent to the Architect. 

 

If the Architect was instructed to perform any services before the agreement was made or before the end of the 7-day period and the instruction or instructions were confirmed in writing, the Architect is entitled to any fees and expenses due before the Architect receives the notice of cancellation.

PRIVACY POLICY

GDPR (General Data Protection Regulation)

 

Fair Processing Notice         

Clark Architecture and Design Ltd  Fair Processing Notice describes the categories of personal data we process and for what purposes. We are committed to collecting and using such data fairly and in accordance with the requirements of the General Data Protection Regulations (GDPR). 

The Fair Processing Notice will become effective from 25 May 2018.

 

1. Introduction

We take your privacy seriously and you can find out more here about your privacy rights and how we gather, use and share your personal information – that includes the personal information we already hold about you now and the further personal information we might collect about you, either from you or from a third party. How we use your personal information will depend on the services we provide to you.

At Clark Architecture and Design Ltd  we make sure that we apply the best standards to protecting your personal information. if you have any questions about how we use your personal information we can be reached by emailing  Studio@clarkarchitecture.co.uk or by writing to Clark Architecture and Design Ltd. 3 Varden Street, Whitechapel, London E1 2AW.

See Your Privacy Rights below for more information about your rights and how we can help you.

This Privacy Notice provides up to date information about how we use your personal information and will update any previous information we have given you about using your personal information (also referred to as personal data). We will update this Privacy Notice if we make any significant changes affecting how we use your personal information, and if so we will contact you to let you know about the change.

 

2. About us

We are what is known as the ‘controller’ of personal information we gather and use. When we say ‘we’ or ‘us’ in this Privacy Notice, we mean Hough Architecture Ltd. Company.

 

3. Your privacy rights

You have the right to object to how we use your personal information. You also have the right to see what personal information we hold about you. In addition, you can ask us to correct inaccuracies, delete or restrict personal information or to ask for some of your personal information to be provided to someone else. You can make a complaint to us by emailing Studio@clarkarchitecture.co.uk or by writing to Clark Architecture and Design Ltd. 3 Varden Street, Whitechapel, London E1 2AW.

You can also make a complaint to the data protection supervisory authority, the Information Commissioner’s Office, at https://ico.org.uk.

To make enquires for further information about exercising any of your rights in this Privacy Notice please contact us by emailing Studio@clarkarchitecture.co.uk or by writing to Clark Architecture and Design Ltd. 3 Varden Street, Whitechapel, London E1 2AW

 

4. What kinds of personal information we use

We use a variety of personal information depending on the services we deliver to you. For all services, we need to use your name, address and contact details, to allow us to locate you and visit your land/ property. For some services we might need additional information, for example:

  • Bank details for payments

  • Information to allow us to check your identity and information about your credit history.

  • Proof of identity – anti money laundering

  • Fraud prevention, anti-money laundering and to meet legal obligations.

  • Any other information that is relevant to be able to provide the contracted services to you, meet or enforce a legal obligation or where it is fair and reasonable for us to do so.

 

Sometimes where we ask for your personal information needed to enter into a contract with you or to meet a legal obligation (such as a credit check), we will not be able to provide some services without that personal information.

 

5. How we gather your personal information

We obtain personal information directly from you, for example when you fill out an application or contract, in person or over the telephone

 

6. How we use your personal information

To provide you with any services we need to know your name, address and contact details.
We sometimes need to gather, use and share additional personal information for specific purposes, which are set out in more detail below.

  • To operate and administer our services, including dealing with your complaints and rectifying problems, we will use your contact details;

We use your information in this way because it is necessary to perform our contract with you and to meet our legal obligations.

  • To administer payments from you, we will use your contact details and the payment details that you have provided to us.

  • For financial management and debt recovery purposes, we will use your contact details;

We will give information to and receive information from third parties where that is necessary to recover debts due by you to us, for example, other banks, debt recovery agents, our accountants, our solicitors, credit reference agencies and sheriff officer or bailiff services. This might include passing personal information about you to a third party who we have transferred your debt to, and who will then contact you directly to collect that debt. If your debt is transferred to a third party you will be advised of the identity of that third party.
We use your information in this way because it is necessary to perform our contract with you, to exercise our legal rights, and because it is fair and reasonable for us to do so.

  • To carry out market research and analysis to develop and improve our products and services we will use information about how you have used our services, such as which services and RIBA Stages.

  • To market products and services to you from us we will use the contact details you have provided to us; and information we have gathered from your use of our other products and services to form a profile of you which we will use to assess what other services would be most beneficial for you.

Personal information requirements for Business Customers

For business customers, we will use personal information about key individuals in the business, so we can operate and administer the services which we provide to the business – to do this we will use:

(a) personal information about key individuals who are either a sole trader of the business or are a proprietor, director, company secretary, shareholder, partner, member, committee member, trustee, controller, beneficial owner or authorised signatory to the account of the business.

(b) the personal information we use about key individuals is as set out in section 6, and we may use it for any of

the purposes described in section 6. We may hold personal information on key individuals for the purposes of operating and administering services which we provide to the business, as well as for the purposes of debt recovery purposes, and to make credit decisions about the business.

Personal information on key individuals is obtained directly from the key individual, from the business to which the key individual is linked with, from the key individual’s dealings with any member of BP Architecture.

 

7. Our legal basis for using your personal information

We only use your personal information where that is permitted by the laws that protect your privacy rights. We only use personal information where:

  • we have your consent (if consent is needed);

  • we need to use the information to comply with our legal obligations;

  • we need to use the information to perform a contract with you; and/or

  • it is fair to use the personal information either in our interests or someone else’s interests, where there is no disadvantage to you – this can include where it is in our interests to contact you about services, market to you, or collaborate with others on a project or to improve our services.

Where we have your consent, you have the right to withdraw it. We will let you know how to do that at the time we gather your consent. See section 10 keeping you up to date, clause 10.2 for details about how to withdraw your consent to marketing.

 

8. Sharing your personal information with or getting your personal information from others

We will share the necessary elements of your personal information with members of your project team to allow them to be able to provide the contracted services to you, meet or enforce a legal obligation or where it is fair and reasonable for us to do so. See section 6 How we use your personal information for more information about how we do this. We will only share your personal information to the extent needed for those purposes.

Who we share your personal information with depends on the services we provide to you and the purposes we use your personal information for.

The personal information we have about you is information you have given to us, or gathered by us in the course of providing services to you.

 

9. How long we keep your personal information for

How long we keep your personal information for depends on the products and services we deliver to you. We will never retain your personal information for any longer than is necessary for the purposes we need to use it for.

We keep the personal information we use for up to twelve years after the completion of a project. In some circumstances we will hold personal information for longer where necessary for active or potential legal proceedings, to resolve or defend claims, and for the purpose of making remediation payments.

 

10. Keeping you up to date

We will communicate with you about services we are delivering using any contact details you have given us – for example by post, email, text message, social media, and notifications on our website.

Where you have given us consent to receive marketing, you can withdraw consent, and update your marketing preferences Calling us directly on 0203 940 2680, emailing  Studio@clarkarchitecture.co.uk or by writing to Clark Architecture and Design Ltd. 3 Varden Street, Whitechapel, London E1 2AW.

 

11. Your online activities

We use cookies to track your use of our website www.clarkarchitecture.co.uk. We may use cookies to provide tailored marketing messages when you are on our website, if you have given us consent.

Find out more about cookies

A cookie is a small file which is sent to your browser and stored on your computer’s hard disc and helps us understand and track your use of our websites and where we can improve the information and services provided. We use cookies solely to gather information on IP addresses, to analyse trends, administer the website, track your movements on the website and gather broad demographic information for aggregate use.

 

For information about blocking the use of cookies, please refer to the instructions/help screen on your internet browser. Please note that you may not be able to use or access certain parts of the website or online services if you block the use of all cookies.

 

 

Calling us directly on 0203 940 2680, emailing  Studio@clarkarchitecture.co.uk or by writing to Clark Architecture and Design Ltd. 3 Varden Street, Whitechapel, London E1 2AW

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