Terms & Conditions...

1. General Conditions

1.1 All engagements accepted by Gary Ward T/A Cinnabar are subject to the following terms of engagement except where changes are expressly agreed in writing.

1.2 Unless otherwise agreed in writing, all fees and charges submitted by other specialists sub-contracted by prior agreement with the client shall be the responsibility of and payable by the client. In addition to the charges, Cinnabar may incur additional costs (to include but not to be expressly limited to data purchase, travel, photography, printing) on behalf of the Customer in the proper performance of its services within the Contract. Such costs are to be charged to the customer on a cost basis.

1.3 Every care will be taken when carrying out client instructions. No responsibility is accepted for errors or matters beyond my reasonable control.

1.4 I shall not sub-contract any part of the commission without first receiving approval in writing from the client with a clear understanding of responsibilities.

1.5 I shall endeavour to meet an agreed programme of work but cannot accept any responsibility for costs incurred by, or any other liabilities arising from:
a) delays beyond my control; or
b) the failure or refusal of the client to fully disclose all material facts and circumstances.

2. Non-Disclosure Agreement

2.1 Each of the parties to this Agreement intends to disclose information deemed to be confidential to the other party for the purpose of providing planning services as set out in the proposal.

2.2 Each party to this Agreement is referred to as ‘the Recipient’ when it receives or uses the Confidential Information disclosed by the other party.

2.3 The Recipient undertakes not to use the Confidential Information disclosed by the other party for any purpose except for the provision of drawing or surveying services, without first obtaining the written agreement of the other party.

2.4 The Recipient undertakes to keep the Confidential Information disclosed by the other party secure and not to disclose it to any third party except pre-advised professional sub-consultants who need to know the same for the Purpose, who know they owe a duty of confidence to the other party and who are bound by obligations equivalent to those in the above clauses.

2.5 The undertakings in the above clauses apply to all of the information disclosed by each of the parties to the other, regardless of the way or form in which it is disclosed or recorded but they do not apply to:
a) any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or
b) any information which is already known to the Recipient and which was not subject to any obligation of confidence before it was disclosed to the Recipient by the other party.

2.6 Nothing in this Agreement will prevent the Recipient from making any disclosure of the Confidential Information required by law or by any competent authority.

2.7 The Recipient will, on request from the other party, return all copies and records of the Confidential Information disclosed by the other party to the Recipient and will not retain any copies or records of the Confidential Information disclosed by the other party.

2.8 Neither this Agreement nor the supply of any information grants the Recipient any licence, interest or right in respect of any intellectual property rights of the other party except the right to copy the Confidential Information disclosed by the other party solely for providing a planning service.

2.9 The undertakings in the above clauses will continue in force indefinitely.

3. Client Monies

3.1 I may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account.

4. Fees

4.1 My fees are calculated on the basis of the time spent on your affairs, and on the level of skill and responsibility involved.

4.2 The following costs are normally added to fee accounts as disbursements;

• photocopying and the printing of plans
• photography
• Ordnance Survey maps
• publications (local plans/development plan documents)
• faxes and telephone calls
• pre-application fees charged by a local authority
• postal and delivery charges
• mileage and other travel expenses reasonably incurred.
• any other necessary third party charges/ expenses
  

4.3 Invoices will be submitted on completion of each project or a monthly basis where project timelines & workload dictate or as otherwise agreed with you and must be paid in full within 30 days of the date of each invoice. I reserve the right to charge interest on any amounts owing at 5% above Bank of England base rate. I reserve the right to suspend work on projects where accounts are outstanding after 28 days, other than by prior agreement.

4.4 If it is necessary to carry out additional work outside of the agreed brief then this work will involve additional fees. I will provide an estimate of such fees before commencing additional work.

4.5 Any delay in receiving information, changes in Client’s instruction or any matter outside our control which leads to additional work may result in an additional fee.

5. Limitation of liability

5.1 I will endeavour to provide professional services with reasonable care and skill. However I will not be held responsible for any losses arising from the supply by you or others of incorrect of incomplete information, or a failure of you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or relevant authorities.

6. Law

6.1 This contract is subject to English law.

7. Complaints

7.1 Any concerns over the level of service received should be dealt with in the first instance by the principle of the practice.