TERMS & CONDITIONS

TERMS & CONDITIONS

What do these terms cover? These are the terms and conditions on which Digital Architect Services Ltd provide our services. These terms, along with our Privacy Policy and Website Terms of Use, describe who we are, how we provide the products/services listed on our website, how you and we may change or end the contract between us, what to do if there is an issue and other important information. If you think there is an error in these terms or require clarification, please contact us to discuss at the earliest opportunity.

Why you should read these terms? Please read them carefully and ensure you understand. Before ordering any products/services, you will be asked to confirm you have read and accepted these terms and have agreed to comply with and be bound by them. If you refuse to accept these terms in their entirety, it will not be possible to order any products/services.

Are you a business customer or a consumer? Depending on your client class, you will have different rights under these terms. You are a consumer if you are an individual and are purchasing goods and services wholly or mainly for your own personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer, this is our entire agreement. These terms constitute the entire agreement between us in relation to your purchase(s). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

Information about us and how to contact us

Who are we? We are Digital Architect Services Limited, a company registered in England and Wales with company registration number 11038272. Our registered office address is Ashfield Hub, Outram Street, Sutton In Ashfield, Nottinghamshire, NG17 4FU.

How can you contact us? By telephoning 0330 004 09 11, by emailing info@DigitalArchitectServices.co.uk or by writing to our main trading address referred to above.

How may we contact you? We will do so by telephone or by writing to you at the email address or postal address you have provided.

Use of our website. Your use of our website (located at planning.DigitalArchitectServices.co.uk) is governed by our Website Terms of Use. Please read, as it includes important terms applicable to you.

Our contract with you. How will we accept your order? You can place an order through our website or by telephone. After you place your order and pay for the related product/services, you will receive confirmation acknowledging payment and confirming acceptance, at which point a contract will come into existence.

What if we cannot accept your order? We will inform you of this and will not charge you for what you have ordered (or, if you have already paid for the goods/services, we will refund the amount paid). This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product/services you have ordered or because we are unable to meet the delivery deadline.

What is an invoice reference number? We will assign an invoice reference number to your order and tell you what it is when we accept it. If you need to contact us please have your invoice reference number to hand.

Are your products/services or UK properties only? We only offer our products/services in relation to properties located in the United Kingdom. However, we can accept an order if you are based outside of this country (provided that the relevant property is located in the UK).

Our products/services. Service levels. We will exercise reasonable skill and care in carrying out the services you have ordered.

Reliance. The information produced as part of our services is for illustrative purposes only and is intended to help inform your decision in relation to an existing or new property. It should not be used to replace the production of detailed technical building regulation drawings, which will be required to comply with building regulations.

How can I ensure correct measurements? Our services are provided remotely and we do not carry out a site visit of your property unless a site survey is specifically requested and paid for. In this case, we will use a third-party surveying company. You are responsible for ensuring that any measurements you provide are correct and accurate. We cannot accept any responsibility for any incorrect measurements provided to us (whether by you or by any third party instructed by you or acting on your behalf). If your project goes to construction and you appoint a design team, it is important that they attend the site to complete a full measured or cross-checking survey and discuss your specific requirements.

Do you work alongside other professionals? If we provide our services alongside other professionals you have instructed, it is your responsibility to ensure that all information held by those other professionals that could be relevant to us, is communicated as soon as possible.

No obligation to update. We shall not be under any obligation to update any information, report or content provided to you as part of our services to take account of events occurring after such information, report or content has been provided to you.

Excluded services. We never guarantee that any required planning permission will be secured or permitted development successfully certified. Please also note the following:

Any project cost or other estimates we provide, whether through our website or otherwise, is based on available data and averages, as well as information you have supplied. It is provided for guidance purposes only and we cannot and will not accept any responsibility if  the cost or other estimates turn out to be inaccurate;

We cannot and will not accept any responsibility for, nor can we offer any title indemnity insurance or any other insurance or protection against, any title matters, including, but not limited to, covenants, easements and/or restrictions (including any planning requirements and/or restrictions) concerning the freehold or leasehold interest in the relevant property, nor can we accept any responsibility if any other specialists or third parties engaged in connection with the relevant property, fail to have in place adequate insurance to cover any liability arising as a result of any of the foregoing. It is your responsibility to check all such matters and take appropriate specialist advice, including legal advice.

If, in relation to your project, notice under the Party Wall etc. Act 1996 is required to be given to owners of an adjoining property, we may, if so requested, be able to introduce you to someone who can prepare the appropriate notice(s); however, if we make such an introduction, we cannot and will not accept any responsibility for the preparation of such notice(s), the delivery of such notice(s) to the adjoining owner(s) or the mechanism for resolving disputes;

If your project goes to construction, it is your responsibility to notify or, if required, seek consent from, the freeholder or leaseholder (as the case may be) of the relevant property and we cannot and will not accept any responsibility for your failure to do so; and

If your project goes to construction, it is your responsibility to notify any third-party utility suppliers whose services to the property may be affected by the project and we cannot and will not accept any responsibility for your failure to do so.

Your rights to make changes

If you wish to make a change to the products/services you have ordered (for example, you wish to upgrade to a different package), please contact us in the first instance. We will let you know if this is possible. If it is possible, we will inform you of any additional costs, If the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you still wish to go ahead.

Our rights to make changes. We may change the products/services we offer: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements. These changes will not affect your ability to make use of the services we provide. However, if any such change results in a delay in the provision of our services to you, we will contact you to inform you of the delay. If the delay continues for a period of more than seven days, you may contact us to end this contract and we will refund any sums you have already paid for the relevant services.

Providing the services. When we will provide the services, we will begin the services on the date we accept your order or on such other date as may be agreed with you during the order process, provided in each instance, you have given us all relevant information to allow us to do so. Any completion date for the services notified to you during the order process applies only to the issue of the first draft proposals prepared by us. Any plans, drawings, renders, images, reports and other documents provided to you as part of the services will be uploaded to your online account on completion of the services.

We are not responsible for delays outside of our control. If our provision of the services is delayed by an event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of a substantial delay, you may contact us to end this contract and receive a refund for any services you have paid for but not received.

What happens if you do not give us the required information? We may need certain information in order to provide the services to you, for example: (i) your name, contact details and the address of the property in question; (ii) basic information about the property; (iii) your preferred style, estimated budget and a brief description of what you are looking to do; and (iv) uploads of floor plans, inspiration or existing photos of the property. We will contact you to ask for this information. We will not be responsible for any failure or delay in performing our obligations under this contract to the extent caused or contributed to by you not giving us the information we need within a reasonable time of requesting. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end this contract or make an additional charge of a reasonable sum to compensate for any additional work that is required as a result.

We may refuse to provide, or suspend provision of, the services if you do not pay. If you do not pay for the services when you are supposed to and you still do not make payment within seven days of us reminding you that payment is due, we may refuse to provide, or suspend provision of, the services until you have paid the outstanding amounts (we will contact you to inform we are doing this). We may also charge you interest on your overdue payments. However, we will not do this where you dispute the unpaid invoice.

What are your rights to end this contract? You can end this contract at any time. Your rights when you end this contract will depend on what products/services you have purchased, whether there is anything wrong with them, how we are performing, when you decide to end this contract and whether you are a consumer or business customer.

What if you wish to end this contract because of something we have done or are going to do. It will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons being:

We have told you about an error in the price or description of the product/service you have ordered and you do not wish to proceed;

There is a risk that provision of the services may be significantly delayed because of events outside our control;

There is a delay in the provision of our services and such delay continues for a period of more than seven days; or

You have a legal right to end this contract because of something we have done wrong.

Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund.

When do you not have a right to change your mind? Your right as a consumer to change your mind does not apply if the products/services you order have been delivered, even if the cancellation period is still running.

How long do I have to change my mind? If you are a consumer, you have 14 days after the day we confirm acceptance of your order. However, once we have completed the services, you cannot change your mind, even if the period is still running. If you cancel after we have started to provide the services, you must pay for the services provided up until that time.

How to end your contract with us (including if you are a consumer who has changed their mind).

Tell us you want to end the contract. To end this contract, please let us know by doing one of the following:

Phone or email. Call us on 0330 004 09 11or email us at hello@DigitalArchitectServices.co.uk. Please provide your name, home address, details of your order (including your invoice reference number) and, where available, your phone number; or

By post. Print off and complete this form and post it to us at the address on the form. Or simply write to us at that address, including the date and details of your order (including your invoice reference number) and your name and address.

How will we refund you? If you are entitled to a refund under these terms, we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.

When we may make deduction from refunds, if you are a consumer exercising your right to change your mind. We may deduct from any refund, an amount for the provision of the services for the period for which they were provided, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of this contract.

When will your refund be made? We will make any refunds due to you as soon as practicable. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of being informed.

What are our rights to end the contract? We may end this contract if you break it. We may end this contract at any time by writing to you if:

You do not, within a reasonable time of asking, provide us with information that is necessary to provide the products/services

You do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;

You repeatedly request changes to your order;

You seek to include further work within the scope of the contract without agreeing a price for any such additional work; or

You behave towards our personnel in a manner which we, in our sole discretion, consider to be rude and/or abusive.

Do you need to compensate us if you break this contract? If we end this contract, we will refund any money you have paid in advance for services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking this contract. For example, we may charge a fee of £100 + VAT for any work done by our architects prior to the date we end the contract.

What if there is a problem with our services? If you have any questions or complaints about our services, please contact us. You can telephone us on 0330 004 09 11 or you can write to us at hello@DigitalArchitectServices.co.uk or our main trading address referred to above.

Price and payment. The price for the products/services you order (which includes VAT) will be the price indicated on our website, or as otherwise agreed between us and notified to you in writing. We take all reasonable care to ensure that the price for the services advised to you is correct.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT.

What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions/confirmation before we accept your order.

How and when must you pay? All payments must be made by debit or credit card through our website or by BACS transfer. Unless otherwise agreed, payment must be made in full before we start providing the relevant services. We may accept payment in instalments for certain projects (for example, an initial deposit with the balance payable following the provision of the first set of deliverables); payment of any initial deposit must be made in full before we start providing the relevant services and payment of any subsequent instalment(s) must be made the date(s) specified by us (or, if applicable, within seven days following the date of any relevant invoice).

What is our right of set-off if you are a business customer? You must pay all amounts due under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax, as required by law).

Can we charge you interest for late payment? If you do not make any payment by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the Bank of England base rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

What if you think an invoice is wrong? Please let us know as soon as possible. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

Introductions and referrals. If, in the course, of providing our services, we introduce or refer work to a third party, we may receive payment or other inducement from the third party for making the introduction or referral. However, this will not in any way, affect the price you pay for the products/services ordered.

Copyright

Who has ownership of copyright? We own and retain the copyright in all plans, drawings, renders, images, reports and other documents produced in performing the services (including any uploaded to your online account).

Copyright licence. You will have a licence to copy and use, and allow other persons providing services to you to copy and use, the plans, drawings, renders, images, reports and other documents uploaded to your online account. Neither we, nor our directors or employees, will have any liability for any use of the same other than for the purpose for which they were prepared.

Marketing

Right to use. We shall have the right to use any plans, drawings, renders and images produced by us in performing the services for our own marketing purposes, including reproducing the same on our website.

Right to publish photographs. If, having used our services, your project goes to construction, we shall have the right to take and publish photographs of the project, you must allow reasonable access to your property for this purpose.

Our responsibility for loss or damage suffered by you, if you are a consumer;

Who is responsible for foreseeable loss and damage caused by you? If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms or our negligence or if it was reasonably contemplated by you and us at the time of the contract between us coming into effect as a possible result of such breach or negligence.

We do not exclude nor limit in any way, our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services, including the right to receive services which are of satisfactory quality and fit for any particular purpose made known to us.

Are you liable for business losses? If you are a consumer, we only provide the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose, our liability to you will be limited.

Our responsibility for loss or damage suffered by you if you are a business

Nothing in these terms shall limit or exclude our liability for:

Death or personal injury caused by our negligence or the negligence of our employees;

Fraud or fraudulent misrepresentation; or

Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and

Our total aggregate liability for all other losses arising under, or in connection with, any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in all circumstances be limited to the total sums paid by you to us for services under such contract.

Except as otherwise expressly provided in these terms, all conditions, warranties, representations, undertakings or other similar terms implied by statute, common law or custom are excluded to the fullest extent permitted by law.

How we will use your personal information.

We will only use your personal information in accordance with our Privacy Policy. Please take the time to read this as it includes important terms which apply to you.

Other important terms

Can you transfer this contract to someone else? We may transfer our rights and obligations under these terms to another organisation (for example, to a third-party purchaser of our business), but this will not affect your rights or obligations under these terms.

Do I need your consent to transfer your rights to someone else? You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Does anybody else have any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, will the rest continue in force? Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

Even if you delay in enforcing this contract, can you still enforce it later? If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws are applicable and where may you bring legal proceedings if you are a consumer? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Which laws are applicable and where may you bring legal proceedings if you are a business? Any dispute or claim arising out of, or in connection with, this contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

We're here to Help

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Office

Registered Office & Drawing Office, Ashfield Hub Business Centre, Outram Street, Sutton in Ashfield, Nottingham, NG17 4FU
info@digitalarchitectservices.co.uk

Office Hours

M-F: 9am - 5pm
S-S: Closed

Call Us

0162 334 8332 / 0203 434 1037

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Digital Architect Services Ltd
Company Number: 11038272
© 2019 All Rights Reserved.

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