1. design.HINDOVER - Services

​design.HINDOVER shall:
1.01 exercise reasonable skill and care in performing the Services
1.02 act as the Client's representative and act fairly when dealing between Client and any other party.
1.03 advise on compliance with statutory requirements.
1.04 co-operate with any other persons appointed by the Client, integrate their work and pass relevant information to them in a timely manner.
1.05 make no material alteration to the Services or the approved design without the consent of the Client, except in an emergency.
1.06 advise on progress in the performance of the Services and of any issue that may adversely affect the programme, or the cost of, or the quality of the project.
1.07 not sub-contract performance of any part of the Services without the consent of the Client, which consent shall not be unreasonably withheld.
1.08 design.HINDOVER cannot guarantee that any target or budget cost or the timetable will be met, particularly where approvals from other parties, such as planning permission, are required, nor the performance, work or the products of others. design.HINDOVER offer their service provision based on an anticipated programme of work determined by agreement either internally or by client/other parties. Should this programme of work be compromised by either the client, client appointed consultants, others or Local Authority (e.g. failing to determine the application within their statutory determination period), or by negotiations generally becoming protracted, we may be involved in additional work that may not have been allowed for. Should this be the case, design.HINDOVER reserve the right to request additional time, additional fees or both.

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2. The Client shall:
2.01 advise design.HINDOVER of the Client’s requirements and of any subsequent changes required at any stage of the project in a timely manner.
2.02 provide accurate information necessary for the proper and timely performance of the Services and design.HINDOVER shall rely on such information.
2.03 give decisions and approvals necessary for the performance of the Services.

2.04 have authority to issue instructions to design.HINDOVER, subject to design.HINDOVER right of reasonable objection.
2.05 appoint and pay any consultants, principal contractors, sub-contractors or specialist manufacturers required under separate agreements within the terms of these separate agreements.
2.06 not deal with the principal contractor, sub- contractors or specialist manufacturers directly or interfere with design.HINDOVER duties or actions under the building contract.
2.07 hold the principal contractor, sub- contractors or specialist manufacturers responsible for the proper carrying out and completion of construction works under their responsibility and for health and safety provisions on the site.
2.08 If compliance with Construction and Design Management Regulations(CDM 2015) is required for the project then the Client is responsible for the appointment of a Principal Designer and Principal Contractor. This is a statutory requirement.
2.09 take responsibility for confirming site ownership, boundary locations and any rights of way affecting the development.
2.10 design.HINDOVER may provide the services of Principal Designer as described in our letter of appointment. The Client shall contact design.HINDOVER if further clarification is required on this matter, or visit:
http://www.hse.gov.uk/construction/cdm/2015/domestic-clients.htm or
http://www.hse.gov.uk/construction/cdm/2015/commercial-clients.htm
2.11 The Client shall confirm the appointment of design.HINDOVER to undertake the services outlined in the Letter of Appointment by returning a signed and dated copy of the Letter of Appointment (or by other formal means as agreed).

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3. Fees & Payment

3.01 design.HINDOVER fees shall be calculated and charged as set out in the Letter of Appointment. The fee proposal set out in the Letter of Appointment will be valid for 60 days from the date of the Letter of Appointment.
3.02 The Client shall pay design.HINDOVER accounts, including any additional fees, expenses or disbursements, within 14 days of the date of the invoice. Any sums remaining unpaid after 14 days shall bear interest at 8% over Bank of England Base Rate; calculated on a daily basis from the end of the period of 14 days after the delivery of the invoice, until the debt is paid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.03 design.HINDOVER invoice as work proceeds or on a monthly basis with payment made by BACS payment (within 14 days of date of invoice) as the bank payment and account details indicated on the invoice. design.HINDOVER will never ask you to pay into any other account – if in doubt, please make contact.
3.04 Where a percentage fee basis applies, the percentage or percentages stated in the Letter of Appointment shall be applied to the final cost of the building work, excluding VAT, fees and any claims made by or against the principal contractor. The percentages will be applied to the current cost estimate, or the lowest acceptable tender, or the contract sum until the final cost has been ascertained.
3.05 Additional fees shall be payable if design.HINDOVER, for reasons beyond design.HINDOVER control, is involved in extra work or incur extra expense above that described in the Letter of Appointment. design.HINDOVER will advise the Client as soon as is practical that additional work or expense is likely to be required and will provide the Client with an estimation of any additional fee or expense required. Additional fees are usually calculated as stated in 3.10 below.
3.06 design.HINDOVER shall be entitled to payment of any part of the fee for services satisfactorily performed together with any other amounts due at the date of any notice suspending or ending performance of any or all of the Services.
3.07 Queries regarding invoices or payments should be raised within 5 working days of the date of receiving the invoice.
3.08 All charges are NOT subject to VAT.
3.09 design.HINDOVER reserve the right to suspend or cease work on the project or any other project they are undertaking on your behalf should payment not be made within 14 days of the invoice date. Work will recommence on receipt of funds into bank account
3.10 Where additional services are required standard hourly charges (2024) will be applicable, unless agreed otherwise in writing, and are as follows:
Architectural Designer- £60/hr (charged in 1/4hr blocks)
Principal Designer £60/hr (charged in 1/4hr blocks)
Reasonable expenses and disbursements are due in addition to the above hourly rates. These charges are reviewed every January and as a minimum will increase at the same percentage rate as the UK percentage rate of inflation of the proceeding year.
3.11 If required to do so, where design.HINDOVER are required to enter into collateral warranty/third party agreements, they may require additional fees where this requirement has not been stated by the Client prior to the Letter of Appointment being prepared by design.HINDOVER. Any warranties entered into will be for the benefit of one Third Party only. design.HINDOVER reserve the right to obtain advice on the contents and obligations of any such agreement and amend agreements were requested to do so by their insurers and/or advisers. 

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4. Copyright & Licence
4.01 design.HINDOVER owns the copyright in the drawings (electronic or by hand), concepts, designs, information and documents (collectively referred to as ‘the Data’) produced in performing the Services.
4.02 Unless otherwise agreed in writing, the Client shall have a single use license to use ‘the Data’ only for purposes related to the project referred to in the Letter of Appointment providing that all fees and/or other amounts due are paid in accordance with the Letter of Appointment and terms and conditions.
4.03 The license and copyright will be revoked should payment not be received in accordance with the terms set out above.
4.04 ‘The Data’ may not be copied, transmitted or reproduced in any format without prior written consent from design.HINDOVER.
4.05 Unless expressly agreed at appointment, an administration charge of £500 will be required for issuing of AutoCAD dwg files to the Client or third party.

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5. Expenses
5.01 The Client shall reimburse expenses and disbursements in addition to the fee agreed or as stated in the Letter of Appointment.
5.02 Disbursements are charged as follows:
Printing and copying - Unless otherwise agreed, all data will be issued electronically in PDF format. 

• A4  paper size 20p/page A3

• A3 paper size 40p/page

• All other printing, mounting, binding etc will be charged at cost, plus 10% handling charge

• Ordinance Survey Data At cost, plus 10% handling.

• Postage will be charged at cost plus 15% handling.

5.03 Travel Costs are charged as follows:

• Car 85p per mile

• Parking At cost

• Taxi At cost

• Train At cost

• Scheduled Air Flights + 10% handling

• Overnight Accommodation + 10% handling

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6. Records

6.01 design.HINDOVER shall keep and make available on request records of any expenses and disbursements to be reimbursed at net cost and/or of time spent on Services charged on a time basis.

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7. Assignment of the Agreement 

7.01 Neither the Client or design.HINDOVER shall assign the benefits or Agreement obligations or all of the Agreement without the consent of the other.

7.02 Unless any part or all of the Agreement is transferred with consent to another person, nothing in this Agreement shall confer or purport to confer on any third party, any benefit or right to enforce any term of this Agreement.

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8. Dispute Resolution - Adjudication / Arbitration

8.01 design.HINDOVER strive to give the Client the best possible service. The Client should first discuss any complaint, with the principal of design.HINDOVER responsible for the project and design.HINDOVER will try its best to resolve the problem before a dispute arises.

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9. Governing Law

9.01 All contracts, including these terms and conditions of appointment, between the Client and design.HINDOVER are governed by English Law.

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10. Suspension or Termination of the Agreement

10.01 The Client or design.HINDOVER will give a minimum of 10 working days prior notice of the suspension or termination of the Agreement. Any fees due on or before the actual date of the suspension or termination of the agreement shall be dealt with in accordance with 3.6 above.

11. Consumer Rights Act 2015 (statutory rights)
11.01 When Design.HINDOVER undertake services for a Consumer (as defined by the Consumer Rights Act 2015) the Consumer Rights Act 2015 will apply.

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12. Website Disclaimer
12.01 design.HINDOVER website contains general information and although it endeavours to ensure that the content is accurate and up-to-date, users should contact the principal of design.HINDOVER should they require up-to-date information or have any queries. The contents of the website should not be construed as advice and design.HINDOVER disclaim any liability in relation to its use. All images, text and photographs within the website are protected under Copyright and should not be copied without the prior consent of design.HINDOVER.

13. Privacy Policy
13.01 design.HINDOVER believes in the responsible use of personal information collected on its website and via its normal business activities. The extent and type of information it receives from you depends on the information you provide to it through their online general enquiry form and contact mailbox, via email or during the course of undertaking work for you.

design.HINDOVER will respect your privacy and will use your personal information in accordance with this policy. This policy applies to information about individuals only. If they intend to use your personal information to inform you about other services they can provide, they will give you the opportunity to accept or decline to receive this information.

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13.02 Information that design.HINDOVER hold and process

From the website – any information that you have provided to them through their website including your name, title, postal address, telephone number and/or email address.

From the website cookies – any information collected automatically about your usage of their website using cookies and other similar technology. They may use your IP address (which is a series of numbers which identifies a computer on the internet) in order to collect information about browsing activities and Internet traffic levels. If you prefer not to receive cookies, you may reject them by using your browser settings.

From architectural services – When you enquire about design.HINDOVER and the services offered, or become a Client, limited information will be required from you to confirm your identity, address, telephone number and email address. All information that they may require will be specifically set out in individual communications with you.

From any third party – They may receive information about you from third parties e.g. other consultants connected to your project.

13.03 Use of information.
design.HINDOVER use information for the specific purpose(s) for which it has been received. Some examples are:

• To provide Clients with architectural services, or information about its services

• To comply with legal and statutory obligations

• To respond to Client’s enquiries

• To respond to any feedback, query, request or complaint

 

design.HINDOVER also use information for the general purposes of:

• Administration of their business

• Enforcement of their legal rights

• arketing purposes – to inform you of other services, if you have agreed to receive such information design.HINDOVER does not use any information obtained via cookies to identify you personally. This information is used only for the purposes of and improving the user-experience for website visitors.

13.04 Automated Processing/Profiling
design.HINDOVER does not undertake any automated processing or data profiling.

13.05 Disclosure of information

design.HINDOVER will hold information in a variety of formats including electronic and/or hard copy, will take reasonable precautions to keep information secure and will comply with the Data Protection Act 1998 and all subsequent data protection legislation. It may disclose information to other relevant parties when working on behalf of you. It may disclose information where under any legal or regulatory obligation to do so.

13.06 Protection of information
design.HINDOVER has various measures in place to minimise the risk of any information breach. This includes seeking equivalent protection of information measures from any third party organisations that it shares information with.

13.07 Retaining information
design.HINDOVER will retain information to comply with contractual and regulatory obligations. Clients can be provided with details of design.HINDOVER archiving and information destruction procedures upon request.

13.08 Your rights
You have certain rights in relation to your personal information, these include the rights to be informed, access, rectification, erasure, restrict processing, data portability, object and not to be subject to automated decision-making including profiling. These rights will not apply in every case or in relation to all the information that design.HINDOVER may hold about you. If you seek to assert any rights with Design.HINDOVER, it will consider and inform you if the rights will apply or not.
If you make any request to design.HINDOVER in relation to any rights, it will respond within the applicable statutory time limit. If design.HINDOVER does not know your identity, it may ask you to provide information to enable it to establish your identity.

13.09 Future changes
As data protection law and practice changes and develops, design.HINDOVER will update its policy to comply with sector-specific good practice and its legal and regulatory obligations.

13.10 Contacting design.HINDOVER
If you have any questions or comments about design.HINDOVER privacy policy or how it uses your information, please email the principal responsible: carol@designhindover.co.uk.

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Updated: October 2024​​​