TERMS AND CONDITIONS

 

INTRODUCTION

Outlined are MODH DESIGN LTD Terms and Conditions for general architects services.

OVERVIEW

Unless otherwise agreed, these terms of business apply to any future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.

  • Please note:  Clients commencing works before Planning or Building Regulation Approval do so at their own risk.

  • Duty of Care: Modh Design Ltd shall perform their services exercising all reasonable skill, care and diligence in  the discharge of the services agreed.

  • Code of Conduct:  This Practice strictly adheres to Architects Registration Boards: Standards of Conduct and Practice. 

  • Modh Design also adhere to the RIBA Code of Professional Conduct.

 

FEES

  • Any fee proposal/quotations we provide you with remain open for a period of three months, after which we reserve the right to amend them to reflect current market conditions. Time schedule availability will adjust to suit current workload if appointment confirmation is delayed following receipt of initial Fee Proposal.

  • We reserve the right to terminate this contract with the Client in the case of non-payment of our fee if payment has not been paid within four weeks of the date of invoice.

  • We reserve the right to request fees due from the Client on a regular basis (normally monthly) to reflect the amount of work carried out.

  • Invoices are generally raised on a monthly basis and often stage fees can be invoiced over a number of months. Invoice proportions will be determined based on percentage work undertaken each month.

  • Our payment terms are within 28 days from the date of invoice. It is normal to pay fees on a staged basis as set out above. If the stage were quite long, however, then we would reserve the right to invoice on an interim basis, subject to your agreement.

  • Our quotation outlines our services for the entire project based on the current project brief and budget amount. Should the budget or project requirement deviate greatly from the original scheme we may require a review of our estimate to suit, we will of course raise and agree this well in advance should this arise.

  • Invoices will be sent out electronically unless you make a specific request for paper copies to be issued.

  • Modh Design are VAT registered (VAT. No. 334719102)

  • Time charges for Architectural Services deemed outside the remit indicated in the above quotations are charged on an hourly rate to be agreed by all parties prior to undertaking services. Rates are as follows: Architect-£100/hr. Assistant Architect-£85/hr.  Architectural Technician-£80/hr. Interior Architect-£75/ hr.

 

COPYRIGHT LICENCE AND MARKETING 

  • The Architect owns the copyright in the drawings and documents (including material in electronic AutoCAD/DWG format) produced in performing the Services, this shall remain vested in Modh Design Ltd.

  • The Client shall have a licence to copy and use the PDF or JPEG Format drawings only for purposes related to this Project providing that all fees and/or other amounts due are paid in full.

  • The Client will only have a licence to use drawings for their intended purpose, i.e., drawings prepared for a Planning Application would only be valid for this purpose and should not be used for construction, as it will be necessary to add additional information to the drawings for the purposes of Building Regulation Approval, other Regulatory Approvals and Construction information etc.

  • Drawings produced for one Client are not transferable to another Client as our Appointment would rest with the original client.

  • In the event of the Client being in default of payment of any fees or other amounts due, Modh Design will revoke the licence herein granted. Modh Design shall not be liable for the use by any person of such drawings or other documents for any purpose other than that for which the same were provided by Modh Design Ltd.

  • Neither party shall disclose to any other person any private or confidential information concerning the business of the other party unless so authorised by the other party.

  • Marketing material. We may from time to time use images of the designs which we have created for you on our website and social media for marketing purposes (please note that details of the site and your own personal details will not be disclosed). You will provide us with reasonable access to the site for a period of two years after we have finished providing you with the services in order to enable us to take photographs of the site for the purposes described in this clause. You can notify us at any time if you would prefer, we didn’t use images of the services which we have provided to you, and we will cease to use them.

 

BUDGET AND COSTINGS

  • The Architect cannot guarantee that any target or budget cost, or the timetable will be met, particularly where approvals from other parties, such as planning permission, building regulation approval, listed building and conservation consent are required, nor the performance, work or the products of others.

  • The Target Cost for a new build based on the floor area of a property of size /type set at current cost/m2 standard construction basis will be identified in the early design process if applicable/required. For more detailed costing services and Construction Cost, we will advise the client to appoint a Quantity Surveyor.

 

APPOINTMENTS, RESIGNATION, SUSPENSION OR ENDING THE AGREEMENT AND TERMINATION

  • All sub-consultants to be appointed and paid directly by client.

  • The Client or the Architect can suspend or end performance of any or all the Services by giving at least 7 days’ written notice of the intention and stating the reason for doing so.

  • If the reason for the notice arises from a default and the recipient does not remedy the matter, the agreement will end on expiry of the notice period.

  • Where Services are suspended by the Client and not resumed within 3 months the Architect shall have the right to treat performance of the Services affected as ended on giving written notice to the Client.

  • Where services are suspended or terminated, we will be entitled to keep any papers, drawings, and other documents, whilst there is money owing to us for our fees and expenses.

  • If at any stage you do not wish us to continue doing work or suspend working for a period, you must tell us clearly in writing. In the event of any termination the Client shall pay Modh Design a fair and reasonable amount on account of the fees due under clause section 9 commensurate with the Services performed to the date of such termination and any outstanding expenses.

 

EXCLUSIONS

  • Our fees do not include Local Authority Submission or Inspection Fees.

  • Our fees do not include for detailed interior design and assume that you will be involved in the selection of fixtures and fittings, tiling layouts, cabinetry, sanitary ware, kitchens, and tiling layouts etc. 

  • Statutory Service Enquiries such as Water, Gas, and Electricity etc.

  • Drainage Maps & Drainage Survey Requests

  • Building Regulations or Approved Inspector Fees

  • Environmental, Water, Sound Testing, SBEM, SAP & EPC reports

  • Engineering & Specialist Consultants Fees

  • Site & Building Measured Surveys

  • Tree Surveys, Tree Reports Ecology Reports

  • Construction Design Management CDM2015 

  • Local Authority Contributions

  • Party Wall Surveyor

  • Dropped Kerb Applications

  • These services can be arranged if required where we can obtain services estimates on your behalf, All subconsultants to be appointed and paid directly by client.

 

LIABILITY AND INSURANCE

  • We confirm that we maintain sufficient Professional Indemnity Insurance cover for this type of project.

  • We are required to set the limit of our liability to you in contract, tort or statutory duty for any one claim or series of claims arising from one event on any project by the Architects Registration Board

  • All other consultants and all other contractors and sub-contractors appointed in connection with the project in question shall have provided contractual undertakings on terms no less onerous than those set out to the client in respect of the carrying out of their obligations.

  • Client appointed consultants and any specialist advisers shall maintain professional indemnity insurance in an amount sufficient to cover the Consultants liabilities hereunder, and public liability insurance. 

  • We shall maintain professional indemnity insurance cover for this project until the expiry of our liability. We would be pleased to provide documentary evidence of our professional indemnity insurance, if required.

  • Professional liability will relate to Architectural Design Items, any liability for other design elements will be carried by other appointed Consultants, or Specialist manufacturers and the like. 

  • Modh Design Ltd is not responsible under this agreement or otherwise for advising on matters wholly, partly, directly or indirectly arise out of or result from asbestos or other deleterious material (including without limitation the costs of testing for, monitoring, abatement, mitigation, removal, remediation or disposal of any products or waste that contain such deleterious materials).

  • Modh Design Ltd is not responsible under this agreement or otherwise for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in controlling preventing, supressing or any way relating to an act of terrorism.

  • Modh Design Ltd is not responsible under this agreement or otherwise for designing or advising on or otherwise taking measures to prevent or mitigate the effect of COVID 19 or other Pandemic in relation to Government Lockdown or restrictions which may impact on the projects works.

 

DISPUTE RESOLUTION, COMPLAINTS PROCEDURE

  • Modh Design Ltd, reputation is underpinned by our commitment to delivering an excellent service to our clients. If you have a complaint to make, this note sets out the procedure to be followed in respect of our architectural services.

  • Often, complaints are the result of misunderstandings. In the event of a complaint relating to our services the first step is to contact us at our offices at Studio 1, New Barn Farm, Sun Hill, Calbourne, Isle of Wight. PO30 4JA. Where the complaint is initially made orally, you will be asked to send a written summary of your complaint.

  • Once Modh Design Ltd has reviewed your written summary of the complaint, we will contact you in writing within fourteen days to inform you of our understanding of the circumstances leading to your complaint. You will be invited to make any comments that you may have in relation to this. Within a further twenty-one days we will advise you of the outcome of our investigation and inform you what actions have been or will be taken.

  • If you remain dissatisfied with any aspect of our handling of your complaint, it may be referred to the Royal Institute of British Architects: RIBA Professional Standards Office (Tel: 0207307 8566, Email: adjudication@ inst.riba.org) or the Architects Registration Board (8 Weymouth Street, London W1W 5BU, Tel: 020 7580 5861). • In the event of a dispute or difference arising under this Appointment, this should be in writing. We hope we shall be able to settle the matter by negotiation or mediation. Alternatively, either of us can start court proceedings to settle the dispute at any time.

  • Or either of us can have disputes decided within 21 days by an adjudicator appointed.

  • The parties shall attempt in good faith to settle any dispute of mediation

 

GDPR PRIVACY POLICY

  • This relates specifically to data collected via this website or in person. Please contact us if you need other information. This privacy policy sets out how Modh Design Ltd uses and protects any information that you give Modh Design Ltd when you work with us as your Architects or Graphic Design Consultants. 

  • Modh Design Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy statement. Modh Design Ltd may change this policy from time to time by updating this Document.

  • Information Collected: We collect data from visitors to this website using WIX analytics and the contact page when you email us with an enquiry to hello@modhdesign.co.uk or via a telephone enquiry. We also collect your details when we met you in person following our initial consultation. 

  • If you are a client or contractor when you submit your data to us by email or in person this is collected and is used by us in a variety of ways. We take your privacy very seriously and we will have your data stored in several other places for the purposes of invoicing along with statutory and legal requirements to deliver your project, including the following:

    • Internal record keeping.

    • Working alongside the relevant consultants for your project

    • Local Authority Planning, Building Regulations application submissions etc

    • Construction Design Management Pre-Construction Documents

    • Tendering submission packages

    • Building Contract Documents

    • Providing and personalising our services

    • Dealing with your enquiries and requests

    • Sending email submission confirmation, contract communications, account statements and order tracking.

    • We may use your information i.e. photos or drawings for our own advertising purposes via awards submission, website, Facebook or other social media, brochures or presentation to prospective client but all following a written consent request to you.

    • In all cases our aim is that it is clear what you are opting into, and you will have given your consent for us to use your data. More generally, we do not pass on your data to any third party without consent. If you would not like us to pass on your data, please email hello@modhdesign.co.uk.

  • From time to time, we may also use your information to contact you for own market research and service feedback purposes

  • Where your Data is Stored?:We are committed to ensuring that your information is secure, your data is stored includes names, email addresses, telephone numbers and postal address which is stored on our Outlook account and is also backed up on multiple remote hard drives. In this instance, Outlook is the data processor and Modh Design Ltd is the data controller. Outlook is a security-hardened cloud-based online data storage subscription service.

  • In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We have regular IT support and maintenance to ensure all protection of your data is reasonably in place.

  • Disclosure, opt out and deletion of your data Disclosures: We will not share your data with third parties unless we are obliged to disclose personal data by law, or the disclosure is necessary for purposes of national security, taxation and criminal investigation, or we have your consent. Please be aware that planning application information is open to the public to view and comment on however we can pre-agree to omit applicant’s names where requested. If you have any concerns, please see your local authority’s privacy policy.

  • More details: You have the right to see the data we have collected about you. If you have any requests concerning your personal information or any queries regarding these practices, please contact us at hello@modhdesign.co.uk