Terms & Conditions
General Terms and Conditions of service
In this document the words below shall have the following meanings:
• Agreement means these Terms & Conditions together with the terms of any applicable service specification or contract;
• Client means the organisation or person who purchases services from Tholos Architects Ltd;
• Intellectual Property Rights means all patents, registered and unregistered design, copyright drawings, sketches, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
• Service Specification means a statement of work, fees assessment, quotation or other similar document describing the services to be provided by the supplier;
• Supplier and THO mean Tholos Architects Ltd.
1.1 These Terms & Conditions shall apply to all contracts for the supply of services by the supplier, to the client.
1.2 Before the commencement of the services the supplier shall submit to the customer a quotation which shall specify the services to be performed and the fees payable. The client shall notify the supplier immediately If the customer does not agree with the contents of the service specification. All service specifications shall be subjects to these Terms & Conditions.
1.3 Unless otherwise stated, any quotation, service specification or similar is valid for a period of 30 days from the date shown on the document.
1.4 The supplier shall use all reasonable endeavours to complete the services within the estimated time frames but time shall not be of the essence in the performance of any services.
1.5 The supplier is not responsible for delays or losses due to delays generated from third parties, including but not limited to Planning approvals, Appeals, other client's appointments.
1.5 Tholos Architects Ltd. is covered by a Professional Indemnity Insurance with minimum limit of £500,000.
2. PROJECT ACCEPTANCE AND DESIGN FEES
2.1 The quotation or offer is to be accepted (via link) by the client to indicate acceptance and should be returned to the supplier on the provided system. Alternatively, the client may send an official confirmation in writing in reply to quotation which binds the client to accept the supplier's terms and conditions herein. No work on a project will commence until the quotation has been accepted and the deposit has been paid by the client.
2.2 Fees for design services to be provided by the supplier will be set out in the quotation that is provided to the client.
2.3 Where the services supplied rely on third party documentation, the supplier is not to be held responsible for delays or extra work which may be generated from incorrect or inaccurate information.
3. CUSTOMER OBLIGATIONS
To enable the supplier to perform its obligations under this Agreement the client shall:
3.1 Cooperate with the Supplier and provide the information required within reasonable time.
3.2 Provide the supplier any information reasonably required by the Supplier;
3.3 Pay any fees, charges and expenses occurred, in relation to the execution of the services, as specified in section 5.
3.4 Appoint or engage other Client Appointments as required by the project to perform other works and services, under separate agreements, and require them to collaborate with Tholos Architects.
3.5 Hold the other Client Appointments and the Contractors responsible for their respective works, and not the Supplier.
4. ALTERATIONS TO THE SCOPE OF WORK
4.1 The parties may at any time mutually agree upon and execute new service specifications.
Any alterations in the scope of work to be provided under this Agreement shall be set out in the service specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
4.2 The client may at any time request alterations to the service specification by notice in writing to the supplier. On receipt of the request for alterations the supplier shall advise the client by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
4.3 Where the supplier gives written notice to the client agreeing to perform alterations on terms different to those already agreed between the parties, the client shall, within 3 working days of receipt -or such other period as may be agreed between the parties- advise the supplier by notice in writing whether they wish to proceed or not.
4.4 Where the supplier gives written notice to the client agreeing to perform alterations on terms different to those already agreed between the parties and the client confirms in writing that they wish the alterations to proceed on those terms, the service specification shall be amended to reflect such alterations to proceed on those terms, the service specification shall be amended to reflect such alterations and thereafter the supplier shall perform this Agreement upon the basis of such amended terms.
5.1 An initial deposit invoice will be sent ahead of project commencement and further invoices will be sent at regular intervals or at work stages depending on the scope and scale of project work.
5.2 Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits may be agreed prior to commencement of works or during the contract duration.
5.3 Payment of balance is due in its entirety before submission of the package to the Local Planning Authority.
5.4 Fees below £ 5000 require the full payment in advance of services being provided, unless agreed otherwise in writing.
5.5 Invoices shall be paid within 7 days unless otherwise specified, or the works will be suspended.
5.6 Interest shall be added to all amounts remaining unpaid thereafter at the statutory interest rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts Regulations 2013.
5.7 Payments may be made by BACS, credit/debit card or cash.
5.8 Cryptocurrencies are not accepted.
5.9 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to agreed credit terms. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment.
5.10 The supplier reserves the right to withhold submission of design work services (as specified in the contract agreement) and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this a Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes.
6. CLIENT DEFAULT
6.1 An account shall be considered default if it remains unpaid for 31 days from the date of invoice, or following a returned cheque. Customers whose accounts become default agree to pay the supplier reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6.2 The client shall pay the supplier interest thereon at the statutory interest rate in case of default (see para 5.6).
7. CHARGES FOR ADDITIONAL SERVICES AND EXPENSES
7.1 For time-based work our current rates are applicable. Travel time to job sites and meetings etc. may be charged.
7.2 Additional site inspections, meetings, detailing drawings requested not included in the Fee proposal would be charged on hourly rate basis.
7,3 The expenses occurred during the execution of the contract will be charged to the client, plus a discretionary 5% handling fee on the value net of VAT.
8.1 Cancellation of orders can be made notifying the supplier in writing to the company’s email address: firstname.lastname@example.org
8.2 A Domestic Client has the right to suspend or terminate part or all of the Services by giving the Supplier at least 7 days of written notice upon stating an acceptable reasons for doing so.
8.3 The Supplier may suspend or terminate performance of any or all of the Services or obligations by giving the Client at least 7 days of written notice upon stating the reasons for doing so.
8.4 The client will then be invoiced for all the work completed. The balance of money due must be paid within 14 days.
8.5 In the event of cancellation, the client shall be liable for charges corresponding to the work completed during the cancelled stage, billed at an hourly rate of £80 +VAT for Domestic Clients, £125 +VAT for Commercial Clients, or the hourly rate defined in the contract.
The total amount paid by the client at the commencement of the cancelled stage shall be deducted from the final invoice, with any surplus funds retained and not subject to refund.
8.6 Any cancellation which is not formally confirmed in writing and received by the supplier within 14 days of such instruction being issued will be liable for the full cost of the project up to and including the stage at which the project is cancelled.
9. DESIGN PROJECT DURATION
9.1 Any indication given by the supplier of a design project’s duration is to be considered by the customer to be estimation. The supplier will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback.
10. COPYRIGHT AND LICENCE
10.1 The Supplier shall own all the intellectual property rights, including copyright in the drawings and documents produced to provide the Services and the moral right to be identified as the author of such works.
10.2 The Client shall be licenced to use all the documents and drawings issued to them, after the fees and amounts due have been paid and exclusively for the purposes of constructing and using the project or selling the associated property.
10.3 The drawings and documents produced by the Supplier cannot be used for reproduction of the design or any extension of the project or any other project without the Supplier's written consent.
10.4 Other client appointments shall be deemed to be permitted to use the drawings and documents under a sub-licence issued by the Client, either if the drawings and documents are issued on behalf of the Client or by the Client directly.
10.5 The Supplier shall not be liable for using the drawings and documents for any use other than the purpose for which they were prepared by the Supplier.
11. By appointing the Supplier, the Client accepts these Terms & Conditions issued by email/post together with the quote. A contract between the parties may supersede these General Terms and Conditions.
12. We reserve the right to update these General Terms and Conditions at any time.
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