Fluent Architectural Design Services Ltd – Terms & Conditions
1. Our Contract
1.1 These Terms and Conditions (“contract”) govern the supply of goods and services sold by Fluent Architectural Design Services (“we”, “our” and “us”) to the customer (“you” and “your”) and constitute the entire and only agreement between us in relation thereto.
1.2 Variations in these terms will not be recognised by us unless we have specifically accepted them in writing.
1.3 All orders placed by you are on the basis of these Terms and Conditions.
1.4 Orders are subject to acceptance by us at the point of our despatch of goods to you, or at the point of our provision of a service to at which point a legally binding contract is constituted between us for that ordered item. Where multiple items are listed on an order acceptance of the order shall be considered separately for each item. No contract shall be established between us until the point of despatch of an item or until our service has been provided or until we provide you with an official written Order Acceptance notification.
1.5 Our processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
1.6 Nothing in these terms shall affect your statutory rights.
2.1 The price payable for the goods and services you order is as set out on our web site at the time you place your order or as otherwise advertised or advised to you by us in writing.
2.2 We reserve the right to amend our advertised pricing at any time.
2.3 Occasionally an error may occur and our goods or services may be incorrectly priced in which circumstances
we shall not be obliged to supply the goods or services at the incorrect price.
2.4 Our goods and services must be paid for in full prior to the submission of any plans or documentation
provided by us to any third parties.
2.5 Value Added Tax (VAT) is charged on our goods and services.
2.6 Our prices include UK delivery.
3.1 We will endeavour to provide our goods and services quickly however time of delivery shall not be of the essence of the contract. We aim to deliver our goods and services within 14 working days of completing the survey and excludes time where we are waiting for information from you.
3.2 We deliver Plans electronically in PDF format. The time of delivery shall be considered as the time of postage/shipping, time of collection or the time at which electronic files are transmitted or made available to you from our server.
3.3 We use reasonable endeavours to ensure that electronic deliverables are virus free however we cannot accept responsibility for any infection by virus or malicious code. It is recommended that you check any electronic deliverables or website downloads.
4. Order Cancellation and Refunds
4.1 If you are a UK customer, you have a statutory right under the Distance Selling Regulations to cancel your order for a short time. You may do this by taking or sending by post, fax or e-mail a written notice of cancellation to our registered address. You have until the expiry of seven working days starting with the day after the goods are delivered, to exercise this right. This right does not apply to goods made to your own specification (e.g. plans or planning applications) nor does it apply to any services where we agree to provide that service prior to the end of the usual cancellation period (in this case the cancellation rights will end as soon as the service is provided).
4.2 If you wish to exercise your right to cancel, you must take reasonable care of the goods until you return them; and ship the goods to us in its original packaging or suitable alternative packaging at your expense and risk.
4.3 In addition to your statutory rights you may cancel your order for any goods or services at any time by advising us in advance of the dispatch of goods or provision of services by us. You may contact us via telephone, email or by writing to us at our registered address. An order shall not be considered cancelled until we have
issued an acknowledgement of the cancellation.
4.4 Orders for customised goods which have already been despatched or delivered by us or for services which
have already been provided by us cannot be cancelled.
4.5 Once you have notified us that you are cancelling your order or part there of then unless you have lost the
right to cancel, for example by damaging the goods or you have ordered goods or services which are customised for you, any money you have paid for your order will be refunded, apart from your expense of returning the goods and any fees paid to third parties (for example payment processing charges and map licence costs). Any refunds shall be credited within 30 days of our receiving your notification.
4.6 In the event that we are incapable of performing our obligations under this contract because of any event which is unavoidable and beyond our reasonable control we will give notice to you and do everything reasonably possible to resume performance. Upon giving of such notice the contract shall be suspended. If the period of default exceeds 15 days from the receipt of notice of the event the contract shall thereupon terminate unless the parties have agreed otherwise in writing.
4.7 We may cancel an order without giving cause by providing written notice and subsequently refunding any payments received for items or services that have not already been supplied.
5. Terms of Payment
5.1 We will normally process your payment at the point of order and in advance of the delivery of any goods or services to you.
5.2 Payment can be made by BACS or by cheque made payable to “Fluent Architectural Design Services” and delivered to our registered address.
5.3 Payment can be made by phone and are processed securely through WorldPay. A
5.3 Any sums remaining unpaid after the expiry of 7 days from the date of submission of our invoice shall bear interest thereafter, such interest to accrue from day to day at the rate of 8% per annum above the current base rate of our primary bank.
5.4 If we receive no contact within 30 days of the plans being issued the remaining balance will be issued minus our £75+ VAT application submittal fee.
6. Planning Authority and Building Control Applications
6.1 A fee is generally payable to the Local Authority for Planning Applications and Building Regulations Applications. The appropriate fee must accompany the application and will become payable by you direct to the Local Authority at the point of submission of the application. We may offer advice as to the fee we believe is due to the Local Authority however you are responsible for the payment of any Local Authority fees which become due.
6.2 Local Authorities may accept payment from you by cheque or by telephone. We may facilitate this payment by inclusion of your cheque alongside applications submitted on paper or by the provision of Local Authority payment reference information to you to allow you to submit payment direct to the Authority.
6.3 Where a Planning Application is submitted on your behalf under no circumstances can we guarantee that it will be granted. We cannot refund fees for our goods or services where Planning Applications are not granted.
6.4 Certain types of work may not require planning permission as it may be a “Permitted Development”. Fluent Architectural Design Services is not able to advise whether or not planning permission is required however we may, on your behalf obtain a written statement from the Local Authority that confirms planning permission is not required or we may offer our opinion to facilitate your discussions with the Authority. Where Fluent Architectural Design Services has already produced Planning Application Plans (or draft plans) no refund of our fee will be offered if the Local Authority subsequently determines that Planning Permission is not
6.5 We will issue you with a proof copy of your plans and request your approval of those plans prior to submission
to the Local Authority. You must confirm that these plans meet your requirements (including design and dimensional requirements) or advise of any errors, omissions or changes that you require. Fluent Architectural Design Services will update the plans in response to your comments and resubmit a further proof copy for your approval.
6.6 In the unlikely event that we are unable to update any plans to meet with your requirements then you may terminate the contract and any fees paid for the production of those plans will be refunded less a charge to cover the production of the draft plans of 50% of the fee agreed for the services ordered. We may also terminate the contract in these circumstances in which case we will refund the entire fee agreed for those plans.
6.7 We will correct any errors or omissions in our plans which are required for them to be accepted for consideration by the Planning Authority.
6.8 Should the Planning Authority request additional plans or maps which were not explicitly included within our offer to you then additional work beyond the scope of our existing contract may be required. In this situation we will provide you with a quotation for the additional work and request your instructions before proceeding further.
6.9 We do not offer a warranty, guarantee, representation or opinion as to the cost or practicability of construction of any of our designs.
6.10 Fluent Architectural Design Services do not accept any liability for your compliance with any legislation during the build process (including, but not limited to, Party Wall Regulations, Health and Safety Legislation, the Construction Design and Management Legislation or Right to light issues.
6.11 Fluent Architectural Design Services are not Structural Engineers. Where structural calculations or services are requested we will arrange the services of a qualified structural engineer on your behalf at additional cost.
7. Additional Work
7.1 Our fees include reasonable consultation where necessary but do not provide for any protracted negotiations (for example with Statutory Authorities). Any additional work related to these matters will be charged on a time basis to be agreed in advance with you.
7.2 Additional work may be required where we are involved in extra work and expense for reasons beyond our control. This may include for example the revision of drawings and specifications once they have been prepared due to changes in your brief or instructions or due to statutory requirements. Additional Local Authority fees may also be payable.
7.3 You will not be charged for any additional work unless this work and the fee for it has been agreed with you in advance.
7.4 Should an additional site visit be required after the finalisation of the plans a fee of £100 + VAT will be charged.
8. Copyright and Design Rights
8.1 The copyright of all documents and drawings prepared by us will remain the property of Fluent Architectural Design Services. We may use any plans or documents produced by us for advertising or other purposes including online and print media.
8.2 We may provide you with a non-exclusive royalty free licence to use documents and drawings produced for you which solely contain our Intellectual property for any purpose excluding resale to third parties.
8.3 We use mapping data provided under licence from third parties. Where this data is incorporated into drawings
produced for you the drawings will be provided under the terms and conditions of that third party licence. These conditions will limit your use of the drawings and the numbers of copies (electronic and paper) which you may produce or retain (typically you will be limited to one copy). If you do not accept the terms of the third party licence then you must return all the licensed items to us unused immediately and without retaining or distributing the items. Additional licences can be obtained for an additional fee.
8.4 You shall be liable for and shall indemnify us against all losses, liabilities, actions, claims, costs and expenses (including legal costs and expenses) which are suffered by us as a result of your infringement or alleged infringement of any third-party license.
9.1 We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question. Nothing in this is however intended to limit any rights (including statutory rights) you may have as a customer under applicable local law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Privacy and Personal Information
10.1 We will not pass your information to third parties except where:
10.2 We are submitting information to the Local Authority on your behalf with regard to Planning or Building Control Applications.
10.3 We provide your information to third party print services suppliers who may deliver printed copies to us or
directly to you.
10.4 You request us to do so.
10.5 We have a statutory duty to provide information.
10.6 It is a necessary part of our delivery of the goods or services to you.
11. Trusted Builders
11.1 We shall accept no liability for the work conducted by third-party building companies recommended by ourselves.
11.2 The contract entered into is between the building company and the client and we shall not accept any liability for breach of contract from either party
12. Feedback and Complaints
12.1 If you have any feedback or a complaint please write to us at our registered address.
13.1 This contract shall be subject to English Law and to the jurisdiction of the Courts of England and Wales.