STANDARD TERMS OF ENGAGEMENT FOR BUILDING REGULATIONS ASSOCIATES and WEBSITE TERMS OF USE
1. Building Regulations Associates is a trading style of Borngrade Limited Company registered in England and Wales with number 07289117 whose registered office is at 19 New Road, Brighton BN1 1EY.
2. a) The instructions you give us create a contract between you and Borngrade Limited (trading as Building Regulations Associates) for the provision of services to you. Our contract with you is personal. It may be enforced by, and confers benefit on you and Borngrade Limited, but not to any third party.
b) References in these Standard Terms Of Engagement to “we”, “our” and “us” shall be read as to Borngrade Limited trading as Building Regulations Associates.
c) If you accept these terms and conditions you do so in the name of your company or company associated with you, or that engages you, or as owner of the property that we are engaged to provide services for.
3. We maintain professional indemnity insurance cover in the sum of £2 million and all civil claims brought against this company are limited to that sum.
4. We will not he held liable in contract or negligence for any statement, report, plan or specification issued by us.
5. Payment may be calculated as: a) time charge plus expenses or b) a lump sum plus expenses or c) as a percentage of the building costs of the project d) £300 surcharge fee(s), whichever we deem appropriate.
6. Invoicing will be on a weekly basis and will occur within the week immediately after the required work has been undertaken. If there is a different mode of payment you will be notified in correspondence. We may request some or the entire agreed fee to be paid in advance of work being undertaken. Full payment of any outstanding fees will normally become due within 14 days of the date of issue of an invoice. This may be varied subject to written consent from us.
7. The service of any invoices shall be sufficient if posted to the client at their address or any other address as may subsequently be agreed or by email to their email address.
8. Invoices remaining unpaid beyond a 14 day period shall bear compound interest, such interest to accrue from day to day at the rate of 9 percent per annum above the current base rate of Santander Bank Plc.
9. Any invoice or item on an invoice which is disputed shall be brought to our attention in writing within seven days of the date of the invoice failing which it shall be assumed no item is disputed.
10. Fees may include VAT at the rate current at the date of the invoice.
11. Our fees do not include for any disbursements or payments to third parties such as payments due to local authorities or other statutory bodies such as Planning and Building Regulation fees or other charges which will be charged in addition, unless stated to the contrary.
12. Standard charges for disbursements (travelling, printing, out of pocket expenses, etc.) can be supplied upon request. These will be charged as separate items unless no reference to them is made on the invoice.
13. Any dispute regarding the services of Building Regulations Associates will be dealt with in accordance with the rules for such matters as set out by the Chartered Institute of Architectural Technologists (CIAT) Dispute Regulation Scheme which is run independently by the IDRS, a subsidiary of the Chartered Institute of Arbitrators or at the County Court, whichever is deemed by us to be most appropriate under the circumstances.
14. Where our services involve the submission of Building Regulations Applications to the local Authority, we will use reasonable endeavours to prepare a design solution that has in our opinion a good chance of obtaining a Certificate. If subsequent to making the Application we are instructed to make significant amendments to the design either in the form of amendments to the application or the submission of a fresh Application to the local authority, this new design work will be subject to the payment of additional fees charged on an hourly basis of £200 per hour.
15. Should the client require additional works over and above those quoted for initially, then additional fees will be payable where those works are mutually agreed either at a rate to be determined by a second and further agreement or in the case of no written agreement, on the basis of reimbursement for additional time expended at £200 per hour, plus expenses.
16. Should it be necessary to utilise the services of a surveyor, planning supervisor, structural engineer, quantity surveyor, sound engineer or other consultant in connection with providing our services, such instruction shall be directly by us and all fees associated with this instruction shall be in addition to our fees. Should such services be required these shall be agreed between us and the client prior to any consultant being appointed.
17. We will not be held liable in contract or negligence for damages for any statement, report or specification issued by us or any third party engaged by us.
18. Where the services of any professional or consultant utilised by us as described in clause 14, you may not at any time during our engagement on your project and whilst it continues thereafter, bypass us and approach the consultant for engagement directly with you and our surcharge fee will be chargeable.
19. We will make no enquiries as to the presence of any lease, restrictive covenants, easements, rights of way, or other legal burdens upon the land or building under consideration. The client should therefore satisfy themselves in respect of these prior to initially instructing us including, but not limited to carrying out any necessary enquiries and serving any appropriate notices.
20. The works may require compliance with The Party Wall Act 1996, or other legislative provisions; we will make no enquiries in this regard and the client should therefore satisfy themselves in respect of this including but not limited to serving appropriate notices prior to instructing us.
21. Where we are engaged on a consultancy basis to, advise, project-manage, guide and consult with, builders, tradesmen or other workers and professionals in regard to the project we are instructed upon, then we will use reasonable endeavours to fulfil such engagement.
22. Our fees for consultation and project management are set on various factors including, but not limited to: considering matters, travel, and communication with various parties including statutory bodies, professionals such as surveyors, lawyers, consultants and engineers, contractors and tradespeople, onsite attendances, operational overheads, professional expenses, contract management, administration and accounting, materials procurement, and disbursements.
23. We are primarily engaged to submit a Building Regulations or Planning Application only. All working practices on or off site are wholly unconnected with us and are down to how the works are managed by the appointed managers or in the absence of such, the client.
24. Copyright in any drawings, schedules, specifications or other information provided by us or by third parties engaged by us is retained by us and these documents shall remain the property of Borngrade Ltd. The right of the client to utilise these documents is under a licence. An infringement of the licence will be deemed to occur if any part of our account remains unpaid and if the documents are used by a third party without first obtaining our written consent and will give rise to an action for breach of contract and licence agreement and all losses flowing therefrom.
25. Neither party to this agreement may assign any part of this agreement without the written consent of the other party.
26. The fee quotation attached to these conditions shall remain open to acceptance by the client for a period of three months from the date of the quotation. Thereafter it shall be subject to review.
27. This agreement may be terminated by us immediately by notice in writing.
28. We may amend and change any part of these terms at any time, and will give clients who have instructed us a minimum of 7days’ notice of such change.
29. The governing law and jurisdiction of these terms and conditions shall be that of England and Wales.
WEBSITE TERMS OF USE
These website Standard Terms and Conditions (these “Terms” or these “website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “website”). These Terms apply in full force and effect to your use of this website and by using this website; you expressly accept all terms and conditions contained herein in full. You must not use this website, if you have any objection to any of these website Standard Terms and Conditions.
This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you a minor.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this website, under these Terms, Building Regulations Associates and/or its licencors own all rights to the intellectual property and material contained in this website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.
3. Restrictions.
You are expressly and emphatically restricted from all of the following:
publishing any website material in any media;
selling, sub licensing and/or otherwise commercialising any website material;
publicly performing and/or showing any website material;
using this website in any way that is, or may be, damaging to this website;
using this website in any way that impacts user access to this website;
using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website;
using this website to engage in any advertising or marketing;
Certain areas of this website are restricted from access by you and Building Regulations Associates may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website. With respect to Your Content, by displaying it, you grant Building Regulations Associates a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Building Regulations Associates reserves the right to remove any of Your Content from this website at any time, and for any reason, without notice.
5. No warranties.
This website is provided “as is,” with all faults, and Building Regulations Associates makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.
6. Limitation of liability.
Building Regulations Associates provides a platform for information and self-help. The information provided by Building Regulations Associates along with the content on our website related to Building Regulations under The Building Acts is provided for your private use and does not constitute legal advice, from qualified lawyers, architects, surveyors, structural engineers or any other professional within, but not excluded to the construction services sector. We cannot guarantee that all the information is correct, current or up-to-date, nor suitable for every situation.
Your use of the website does not create a client relationship between you and Building Regulations Associates, or between you and any Building Regulations Associates employee or representative
You can nevertheless instruct Building Regulations Associates to undertake your Building Regulations Applications on your behalf. Applications submitted to the Local Authority then become the responsibility of the same Local Authority and it is deemed that Building Regulations Associates have fulfilled their obligations to you when a Notice of Passing of Building Plans has been issued by the same Local Authority.
If you change your mind after we have been instructed you will not be entitled to a refund for the work we have undertaken before cancellation and you may be liable for further costs if you did not give adequate notice of your intention and we continued working on your behalf.
In no event shall Building Regulations Associates, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Building Regulations Associates, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
7. Indemnification.
You hereby indemnify to the fullest extent Building Regulations Associates from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
Building Regulations Associates is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website.
10. Assignment.
Building Regulations Associates shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Building Regulations Associates and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.