TERMS & CONDITIONS
TERMS AND CONDITIONS
Definitions
In these Terms and Conditions, the following words have the following meanings:
"the Practice" means Piper Architecture Limited.
"the Client" means the person(s) or organisation instructing the Practice, as identified in the fee estimate.
"the Services" means the architectural and related services described in the fee estimate issued by the Practice, together with any variations agreed in writing.
"the Project" means the works to which the Services relate, as identified in the fee estimate.
"the Site" means the land or property to which the Project relates.
"Fee estimate" means the written fee proposal issued by the Practice and accepted by the Client, which forms part of this agreement.
1. Acceptance of Terms
1.1 These Terms and Conditions shall apply to all services provided by the Practice unless otherwise agreed in writing.
1.2 The Client shall be deemed to have accepted these Terms and Conditions by signing and returning them, providing written or verbal instructions to commence the Services, making any payment towards the Services, or otherwise permitting the Practice to commence work on the Project. Where the Services commence during the statutory cancellation period referred to in clause 10.2, clause 10.2 shall also apply.
2. Client Responsibilities
2.1 The Client shall provide a clear and accurate explanation of the project together with all information reasonably required by the Practice to carry out the services.
2.2 The Client shall ensure that all information provided, including drawings, surveys, reports and instructions, is accurate, complete and up to date. The Practice shall be entitled to rely upon such information unless otherwise agreed in writing.
2.3 The Client shall appoint, or instruct the Practice to appoint on their behalf, any specialist consultants reasonably required for the project. Fees for such services shall be additional to those charged by the Practice.
2.4 The Client shall ensure reasonable access to the site and any neighbouring land where required.
3. The Practice’s Responsibilities
3.1 The Practice shall provide the services described in the fee estimate with reasonable skill, care and diligence.
3.2 Where included in the agreed scope, the Practice will act as the Client’s agent in submitting applications for planning permission, building regulations approval and other statutory consents.
3.3 No guarantee is given that planning permission, building regulations approval or any other statutory consent will be granted.
3.4 The Practice is responsible only for the services set out in the fee estimate and no additional services unless agreed in writing.
3.5 The Practice is not responsible for the work, performance, or conduct of any contractor or third party carrying out construction works.
3.6 Any cost advice or budget estimates provided are indicative only and do not constitute a fixed or guaranteed construction cost.
3.7 The Practice shall not be responsible for delays caused by third parties, statutory authorities, utility providers, contractors, or other matters outside its reasonable control.
3.8 Designs and drawings are prepared using information available at the time.
3.9 Site Visits and Inspections
Unless otherwise agreed in writing, any site visits or inspections undertaken by the Practice are visual inspections only. The Practice shall not be responsible for identifying hidden defects, structural deficiencies, asbestos, contamination, underground services, or other concealed conditions that are not reasonably apparent during a visual inspection. Where further investigation is considered necessary, The Practice may recommend that the Client appoints an appropriate specialist consultant.
3.10 Client CDM Responsibilities
The Client acknowledges that they have statutory duties under the Construction (Design and Management) Regulations 2015 (CDM 2015), including ensuring suitable arrangements are in place for managing health and safety during the project.
The Client shall provide all relevant information reasonably required for CDM compliance and ensure that it is accurate and complete.
Where required, the Client shall appoint a Principal Designer and Principal Contractor in writing and ensure these appointments are made in sufficient time.
3.11 Principal Designer Appointment
Where the Practice is appointed in writing as Principal Designer under CDM 2015, it shall carry out the duties required under those Regulations in relation to the pre-construction phase of the project.
This includes taking reasonable steps to identify, reduce, and communicate foreseeable health and safety risks arising from design work.
Responsibility for construction methods, site safety, and day-to-day site management remains with the Principal Contractor.
Where no such appointment is made, the Practice shall have no responsibility for Principal Designer duties.
3.12 All CDM-related services are subject to the limitation of liability provisions set out in these Terms and Conditions.
3.13 Client Delays
The Practice shall not be responsible for delays arising from the Client's failure to provide instructions, approvals, information or access within a reasonable time.
4. Fees and Payment
4.1 The fee estimate is valid for 60 days unless otherwise stated.
4.2 Stage Payments and Deposits
Once a fee estimate is accepted by the Client, the Practice will issue a payment plan for the required stages of work. Work shall not commence until the relevant advance payment for that stage has been received.
4.3 Feasibility stage works are due on completion of this stage. Planning stage and Building Regulations fees are payable prior to submission.
4.4 Additional Stage Deposits
The Practice reserves the right to request an additional reasonable advance payment for any stage where the anticipated level of work, complexity, or project risk justifies it. Any such additional deposit will be notified to the Client in advance and agreed prior to work proceeding.
4.5 All fees are exclusive of VAT, which will be charged at the prevailing rate where applicable.
4.6 Invoices are payable within seven days of the invoice date unless otherwise agreed in writing.
4.7 Fees exclude local authority charges, statutory fees, and third-party consultant costs unless stated otherwise.
4.8 Interest may be charged on overdue invoices at 5% above the Bank of England base rate from the due date until payment is received.
4.9 Late Payment Administration Charge
Where an invoice remains unpaid 14 days after the due date, the Practice may apply a £50 monthly administration charge (or part thereof) to cover additional time and costs associated with managing overdue accounts. This is in addition to any interest charged.
4.10 Any changes to the agreed scope of services will be treated as a variation and may incur additional fees agreed in advance or charged at standard hourly rates. The Practice shall notify the Client where it considers instructions constitute a variation to the agreed scope before carrying out the additional work wherever reasonably practicable.
4.11 The Practice reserves the right to suspend the performance of any services where any invoice remains unpaid beyond the agreed payment terms. Any programme dates or deadlines shall be extended accordingly and the Practice shall not be liable for any resulting delay or additional costs incurred by the Client.
4.12 Travel expenses will be charged at £0.45 per mile.
4.13 Hourly Rates
Technician – £45/hour
Surveyor – £45/hour
Senior Technician – £50/hour
Director – £75/hour
4.14 Printing Charges
Printing and copying charges apply as below (per side):
A4 b/w = 15p
A3 b/w = 30p
A2 b/w = 75p
A1 b/w = £1.50
A4 laminate = + 30p
A4 colour = 30p
A3 colour = 75p
A2 colour = £1.50
A1 colour = £3.00
A3 laminate = + 60p
5. Copyright and Use of Documents
5.1 All drawings, designs, reports and documents remain the intellectual property of the Practice.
5.2 Upon full payment, the Client is granted a licence to use the documents solely for the project for which they were produced.
5.3 Until all fees due under this agreement have been paid in full, the Client shall have no licence to use the drawings, designs or other documents prepared by the Practice.
5.4 Documents may not be used for other projects without advance written permission.
5.5 The Practice may use project material for marketing purposes unless agreed otherwise.
5.6 Documents, drawings and specifications issued by the Practice are prepared solely for the purposes of the project identified within the fee estimate and shall not be relied upon for any other purpose without the prior written consent of the Practice.
6. Limitation of Liability
6.1 The Practice maintains Professional Indemnity Insurance appropriate to its services.
6.2 The total liability of the Practice shall not exceed £1,000,000 or the level of Professional Indemnity Insurance in place at the time of the claim, whichever is lower.
6.3 The Practice shall not be liable for any indirect or consequential loss, including loss of profit, opportunity, or business interruption.
6.4 No claim may be brought more than six years after completion of the services.
6.5. Third Party Rights
Nothing in this agreement shall confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
7. Termination
7.1 Either party may terminate this agreement by giving seven (7) days’ written notice.
7.2 The Practice may terminate immediately where invoices remain unpaid for more than 30 days.
7.3 Upon termination, the Client shall pay for all work completed and reasonable work in progress up to the termination date.
7.4 Subject to payment of all outstanding sums, deliverables completed up to termination will be provided to the Client.
7.5 Termination does not affect rights or obligations already accrued.
8. Complaints and Disputes
8.1 The Practice is committed to providing a high standard of service. If the Client is dissatisfied with any aspect of the Services, the Client should raise the matter in the first instance with the project technician, either verbally or in writing, as soon as reasonably possible.
8.2 If the matter is not resolved informally, the Client should submit a formal complaint in writing (by letter or email) to Lyndon Piper (Director), setting out the nature of the complaint.
8.3 The Practice will acknowledge a formal complaint within 7 days of receipt, and will provide a full written response, or a timescale for one, within 28 days of receipt.
8.4 If the Client remains dissatisfied following the Practice's written response, and the complaint cannot be resolved by direct discussion, either party may propose that the matter be referred to mediation or another form of alternative dispute resolution, by agreement between the parties.
8.5 The Client agrees to provide such information as is reasonably required to allow the Practice to investigate any complaint or insurance claim.
8.6 Nothing in this clause affects the Client's statutory rights.
9. Data Protection and Communications
9.1 The Practice processes personal data in accordance with UK GDPR and the Data Protection Act 2018.
9.2 The Client accepts the risks associated with electronic communication and document transfer.
10. Force Majeure
10.1 Neither party shall be responsible for delays or failure caused by events outside reasonable control.
11. Consumer Cancellation Rights
11.1 Where applicable, the Client may have statutory cancellation rights under the Consumer Contracts Regulations 2013.
11.2 Where the Client requests the Practice to commence the services during the statutory cancellation period, the Client acknowledges that, if the contract is cancelled, they may be liable to pay for services supplied up to the date of cancellation in accordance with the Consumer Contracts Regulations 2013.
12. General Provisions
12.1 Assignment
Neither party may assign or transfer any of its rights or obligations under this agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
12.2 Entire Agreement
These Terms and Conditions, together with the fee estimate and any documents expressly referred to within them, constitute the entire agreement between the Practice and the Client and supersede all previous discussions, correspondence, negotiations or understandings relating to the services.
12.3 Variation
No variation of this agreement, including these Terms and Conditions or the accompanying fee estimate, shall be effective unless made in writing and signed by (or agreed in writing by, including by email, between) authorised representatives of both parties. This clause governs variations to these Terms and Conditions. Variations to the scope of Services are dealt with under clause 3.10.
12.4 No Waiver
No failure or delay by either party in exercising any right or remedy under this agreement shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of a right or remedy prevent any further exercise of that right or any other right or remedy. Any waiver must be given in writing and signed by the waiving party to be effective.
12.5 Severability
If any provision of this agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect. Where possible, the parties shall seek to replace any deleted provision with a valid provision that achieves, to the greatest extent possible, the original intent of the deleted provision.
12.6 Notices
Any notice required under this agreement shall be given in writing by email or post to the last notified address of the receiving party. Notices sent by email shall be deemed received on the next working day, provided no delivery failure notification is received.
12.7 Governing Law
This agreement shall be governed by and construed in accordance with the laws of England and Wales.
12.8 Jurisdiction
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement.