1. Introduction

1.1. Unless otherwise agreed, these terms and conditions form the working contract (provision of service) between Darby Architectural Limited (hereinafter referred to as Darby Architectural) and the individual or company giving an instruction to complete work (hereinafter known as ‘The Client’). They set the basis upon which Darby Architectural shall provide their services to The Client and unless expressly agreed in writing and signed by a Director of Darby Architectural, these terms and conditions override any terms and conditions of The Client.

 

1.2. The contract takes effect by instruction via email, over the phone verbally or with a signature on the Instruction Form (either provided with this contract or with a previous quotation) by The Client or on The Client’s behalf. Where the Instruction Form is signed on The Client’s behalf, The Client confirms that:

 

1.2.1. The signatory has the authority to act on behalf of The Client and to commit The Client to the contract.

 

1.2.2. All details of The Client named in the Instruction Form are accurate and up to date; and

 

1.2.3. By the signatory signing the Instruction Form on The Client’s behalf, The Client accepts the proposal, the quotation and 
these conditions and agrees to be bound by the contract.

 

1.3 In the event that the Instruction Form is not signed by The Client or on The Client’s behalf, the proposal (outline of works), the quotation (outline of costs), and these Terms shall be considered accepted by The Client and the contract shall come into effect if Darby Architectural should start providing the services (activities and service provided by Darby Architectural) at the Client’s request. Any variation to these Terms (including any special condition set out in the Proposal) shall be inapplicable unless expressly agreed in writing and signed by a Director of Darby Architectural.

 

1.4 The Client’s continued instructions will amount to their acceptance of these terms and conditions as they are updated. The latest version of these terms and conditions will be available via our website, or by request verbally or by email.

 

2. Governing Law and Jurisdiction

2.1. The contract shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

3. Third Party Rights

3.1. This contract does not create any right enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

4. Confidentiality

4.1. The data we collect on The Client is for the legitimate business interest of completing the works and may include contact 
information you will have provided to us, and possibly, photographs, videos, architectural drawings and/or other documents 
related to the project. Any data we hold is not only held securely and confidentially, but with the legitimate interest of being held for six years after completion for insurance purposes. After this time your data may be deleted. Your data will only ever be shared with confidential third parties with your explicit permission and with information you supply.

4.2. Neither Darby Architectural nor The Client shall disclose to any third party any confidential information of or about the other received during the contract, except for information in the Public Domain other than through a breach of these Terms or any other obligation of confidence.

5. The Company

5.1. Trading Address: Darby Architectural Limited, 84 Westbourne Street, Hove, East Sussex, England, BN3 5FA

5.2. Registered Company Address: Darby Architectural Limited, 84 Westbourne Street, Hove, East Sussex, England, BN3 5FA

5.3. Registered Company Number: 11680982
5.4. Registered VAT Number: 343569580
5.5. Telephone: 01273 884923
5.6. Email: hello@darby-archi.com
5.7. Website: www.darby-archi.com

 

6. Darby Architectural’s Obligations

6.1. Darby Architectural shall exercise all reasonable skill, care and diligence in providing the services to The Client in accordance with the proposal.

6.2. Darby Architectural intends to employ the methods, procedures, techniques, personnel, and sources of information set out in the proposal but reserves the right to vary these at its discretion. Any significant variations will be undertaken in consultation with the client.

6.3. There may be occasions where unforeseen circumstances dictate that additional services may be required to effectively complete the agreed work in the proposal. Darby Architectural will consult with The Client prior to any additional service being undertaken and an additional instruction will be provided and will provide an addition to these terms.

7. Insurances

7.1. Darby Architectural undertakes to maintain insurance cover for Public Indemnity and Public Liability Insurances during the course of providing the services to The Client under the contract. Details of those insurance policies will be made available by Darby Architectural to The Client upon request.

8. Communication

8.1. Any communication to be given under the contract shall be in writing and/or sent by email or forwarded by first class prepaid post to the receiving party at its business address as last notified in writing to the other party. Communication shall be deemed to have been given on the date of the email or on the day following when the notice was posted.

 

9. Fees

9.1. Darby Architectural will provide a fee proposal to client in advance of works commencing.

9.2. In the absence of a fee proposal being provided, works are done so on the understanding that services will be offered at the 
current market rate.

9.3. If works become protracted, or the parameters of the project change during the process of the works then the client understands that fees will be adjusted to suit and additional fees may be incurred.

9.4. Unless otherwise stated within the fee proposal, one design/layout has been allowed for with minor amendments only.

9.5. If during the progress of obtaining permits for elements such as planning, building control etc, adaptations to the design/layout to achieve approval are required additional fees may be incurred. n.b. please see ‘Planning’ & ‘Building Control’ sections.

9.6. Unless otherwise agreed, further works will be charged at our current hourly rate for the following:

9.6.1. Director
9.6.2. Assistant Architect
9.6.3. Architectural Assistant
9.6.4. Draftsman

9.7. Fee proposals assume continuity between work stages, in accordance with the timing of each applicable stage. If a period of more than 60 days passes between work stages where the client has actively ‘put on hold’ the project, previously agreed fees 
will be subject to review.

 

10. Payment Terms

10.1. Invoices will be issued electronically by email, via Xero. Paper versions are available if requested in advance, however, will incur a surcharge of £2.50 + VAT to cover admin and postage costs.

10.2. Invoices will be raised for associated work stages upon completion that relevant stage. 

10.3. On rare occasion, we may issue invoices in advance for certain types of work. We will advise the client if this is the case at that time.

10.4. Invoices are payable on presentation, or on or before the date identified on the invoice.

10.5. All fees do not include:

10.5.1. VAT, which will be charged to The Client at the prevailing rate; and

 

10.5.2. Any reasonable expenses incurred by Darby Architectural in providing the service to The Client, which will be charged to The client at cost.

10.6. Our preferred method of payment is BACs, to the following account details:

10.6.1. Account Name: Darby Architectural Limited
10.6.2. Account Number: 31552338
10.6.3. Sort Code: 23-05-80
10.6.4. SWIFT BIC: MYMBGB2L
10.6.5. IBAN: GB35MYMB23058031552338

10.7 The option to pay by card is available, however the client is liable to pay any additional fees incurred by the service provider when using this payment method. This option is available via the ‘Pay Now’ button on invoices.

10.8 Darby Architectural reserves the right to request cleared funds prior to the release of any documentation or execution of any works throughout the duration of your instructions.

10.9 Please note we do not accept cheques for the payment of invoices. 

10.10 Invoice reminders will be automatically sent by Xero to remind the client of their outstanding balances.

10.11 Failure to settle invoices in a timely manner may result in works being put on hold until cleared funds are received.

10.12 Failure to settle invoices in a timely manner may result in applications to external bodies to be either put on hold, or in some instances withdrawn. If this occurs, the client is liable to pay the outstanding balance for works completed, as well as any 
applicable or duplicated fees for resubmissions of applications.

10.13 Failure to settle invoices in a timely manner may result in works on other projects being put on hold until cleared funds are
received.

10.14 Failure to settle invoices in a timely manner may result in requests to external consultants to suspend works relating to those projects.

10.15 Failure to settle invoices in full may result in action being taken to recover outstanding balances, interest accrued and any further costs involved in retrieving balances.

10.16 If a late payment occurs, then late payment charges will be incurred as follows:

10.16.1 £40 for invoices up to £999.99
10.16.2 £70 for invoices from £1000 to £9999.99
10.16.3 £100 for invoices on £10,000 or more

10.17 In addition, ‘statutory interest’ (which is 8% plus the current bank of England base) will be charged on overdue balances. This is set by late payment legislation https://www.gov.uk/late-commercial-payments-interest-debt-recovery

11. Parking

11.1. Parking should be made available to us on site where practical.

11.2. Parking in controlled parking zones will be charged at cost for our time on site, on occasion there may be more than one care in attendance.

12. Copyright

12.1. Darby Architectural shall own all intellectual property rights including the copyright to the original work produced in the 
performance of the Services and generally asserts Darby Architectural’s moral rights to be identified as the author of such work. 
No part of any design by Darby Architectural may be registered by The Client without the consent of Darby Architectural in 
writing. 

12.2. The Client shall have a licence to copy and use drawings, documents and all other such work produced by or on behalf of Darby Architectural in performing their services, hereinafter called the ‘Material’. Material can be in digital or paper format. The Material may be used for the completion of the project and for the operation, maintenance, repair, reinstatement, alteration, promotion, leading, and/or sale of the project. The Material may not be used for the reproduction of the design for any part of any extension of the project, and/or for any other project by any other party except on agreement by Darby Architectural. This agreement may involve a license fee as specified in this document or subsequently agreed.

12.3. Copying or use of the Material by any other person shall be deemed to be not permitted under any circumstance, without the written confirmation and agreement of Darby Architectural. In cases where consent is granted for the sub-licensing of the material is granted, Darby Architectural shall not be responsible if the Material is modified other than by or with the consent of Darby Architectural or used for any purpose other than the purpose for which it was prepared.

12.4. Provided that:

12.4.1. If it is agreed to make any permitted use after the date of the last service performed under this agreement:
12.4.2. Darby Architectural, following a request from The Client, shall confirm the degree of completion of the Material; and
12.4.3. The Client shall pay to Darby Architectural a licence fee of 30% of the original design fee or a reasonable licence fee as agreed at that time.

12.5. If at any time The Client is in default of payment of any fees or other amounts properly due (to Darby Architectural or any other consultant involved through Darby Architectural’s instigation), Darby Architectural may suspend further use of the license and any sub-licenses on giving several days’ notice of the intention of doing so. Use of the licence may be resumed on receipt of such outstanding payments.

12.6. The Client obtains or ensures that any third party obtains a necessary license and pays any fees arising for access to any software used to produce any of the Material.

13. Planning

13.1. Darby Architectural cannot guarantee planning consent will be granted for any scheme. Darby Architectural will provide non binding advice to clients in respect of their proposals and will endeavour to ensure that the advice given is reflective of current 
policies, permitted rights and other factors.

13.2. Application time periods will be explained to clients to suit the type of application submitted; however, these time frames are offered as statutory periods plus our latest understanding on the average length of applications and not guarantees for the receipt of a decision. Often, applications overrun the given time periods due to reasons beyond our control and Darby Architectural cannot be held accountable if this occurs.

13.3. Validation requirements of planning applications can vary between Local Authorities. We endeavour to provide all documents at the point of submission, however on occasion the Local Authority may ask for additional information or documents that can delay the validation process. If this occurs, it may become necessary to appoint third-party consultants (for example, Ecologists) – any fees associated with these third-party consultants are to be paid by the client.

13.4. Planning applications will be submitted via the industry standard ‘Planning Portal’. All application and admin fees are payable by the client, payment details will be provided to the client at the time of submission. Please note, applications will not be transferred from the Planning Portal to the Local Authority for validation checking until the fee has been paid. Therefore, any delays in paying the application fee will result in a delay in validation checking. Furthermore, failure to pay an application fee within seven days of submission will result in the expiration of payment links. Darby Architectural reserves the right to charge an additional administrative fee for the additional time spent regenerating payment links.

13.5. Whilst we endeavour to advise and design with a view to receive a favourable decision, on occasion the Local Authority may request amendments or changes to the scheme to enable them to approve it. If this occurs, Darby Architectural will take a 
proportionate approach to additional charges. If we feel the changes warrant additional fees, we will advise in advance of 
completing any work.

13.6. If applications are unsuccessful, the applicant will have the right to appeal the decision. The Planning Inspectorate does not charge a fee to submit an appeal. Darby Architectural can provide a fee quotation to suit handle the appeal process, our fee will be tailored to suit the specific scenario (it is not possible to provide this fee in advance due to the unknown reasons for which refusal may have occurred). 

13.7. If appeals are unsuccessful, the applicant will have the right to amend and resubmit an application. Typically, applicants are entitled to one ‘free’ resubmission to the Local Authority (although not guaranteed and certain constraints apply). Darby 
Architectural can provide a fee quotation to suit handle the resubmission, our fee will be tailored to suit the specific scenario (it 
is not possible to provide this fee in advance due to the unknown reasons for which refusal may have occurred).

13.8. Darby Architectural strongly advise against carrying out any works until such times as planning consent has been obtained (and any conditions complied with) or until such times as a lawful development certificate has been issued by the Local Authority.

14. Building Regulations

14.1. Darby Architectural cannot guarantee building regulations approval for any scheme. Darby Architectural will provide non-binding advice to clients in respect of their proposals and will endeavour to ensure that the advice given is reflective of current regulations and good practice. 

14.2. The building regulations and other statutory regulations are open to interpretation by individual officers and administrators, as such factors can change from time to time.

14.3. Policy and regulation changes during the lifetime of a project can affect the outcome, as well as the constraints of the building, environment, services and requirements of third-party consultants, such as structural engineers.

14.4. Site constraints/discrepancies can develop during the lifetime of a project, on occasion this can necessitate the need for additional design works, specialist detailing or increased levels of administrative actions. If this occurs, Darby Architectural reserves the right to amend their fee proposal accordingly.

14.5. Darby Architectural strongly advise against carrying out any works until such times as a building regulations ‘Plan Check’ has been carried out and ‘Full Plans Approval’ has been obtained (and any conditions complied with). Any works carried out in advance of this carry the risk of retrospective or remedial works to comply with the regulations and/or requirements of the Building Control operator.

15. Party Wall

15.1. Darby Architectural will provide informal advice and guidance in relation to Party Wall matters, this is offered in a non-binding manner without prejudice. 

15.2. It is the responsibility of the client/building owner to ensure that all Party Wall matters are resolved in full in advance of any works commencing on site.

15.3. Darby Architectural recommend clients familiarise themselves with their rights and obligations under the Party Wall Act 1996. The full act can be found here. Government guidance and support documents can be found here.

16. Public Sewers

16.1. Darby Architectural will provide informal advice and guidance in relation to Public or Shared Sewers, this is offered in a non binding manner without prejudice. 

16.2. Projects involving constructions at ground level may be affected by the presence of shared or public sewer networks. In some instances, works may become unviable due to the presence of such networks or require fundamental changes to designs to satisfy Sewer providers. Every effort is made by Darby Architectural to avoid disruption due to Shared or Public Sewers. Clients are requested to alert Darby Architectural to any known Public or Shared Sewers in advance of works commencing.

16.3. Darby Architectural may request clients provide wastewater record maps from the service provider. If these are unobtainable, Darby Architectural will procure these maps at cost on behalf of the client.

17. CDM

17.1. Clients are drawn to their responsibilities under the Health and Safety Executive Construction (Design and Management) 
Regulations 2015 (CDM 2015). Please refer to the Health and Safety Executive website here for guidance and client 
responsibilities. 

17.2. Where appointed, Darby Architectural will act as Principal Designer and provide any necessary documentation to that effect.

18. GDPR

18.1. Darby Architectural is a data controller for the purposes of the Data Protection Act 2018 and General Data Protection Regulation and is registered as a data controller with the Information Commissioners Office (ICO) under registration number ZB109757.

18.2. Darby Architectural will act as the ‘Controller’ of the personal data that you provide to us, until such times as it is required by another professional. Once data is shared with another body it is the responsibility of the client to ensure their data is protected. 

18.3. We will collect data such as the applicant/client/company name, address, telephone number and email address.

18.4. We need to know basic levels of personal data to provide you with the services for which you have engaged us to provide.

18.5. Examples of the way your data will be used are as follows:

18.5.1. Planning – For the submission of applications
18.5.2. Building Regulations – For the submission of applications
18.5.3. Structural Engineers – For requesting quotations
18.5.4. Energy Assessors – For requesting quotations
18.5.5. Third-party consultants, Local Authorities, and other people we share your data with should have their own processes in place to protect your data.

18.6. You information will never be used for marketing purposes and will not be shared with any third-party organisations outside of the construction/design team involved unless we advise you in advance.

18.7. Your data will be held in a secure, password protected system.

18.8. The systems on which our files are stored are encrypted.

18.9. Data will be destroyed after the industry recommended period of 4-6 years following completion of the project.