Our Standard Terms and Conditions
Definitions:
We/Us/Our Afterhourstudio Forward Limited is trading as dwell-ing, for marketing and branding purposes. Please note that we are architectural designers by definition.
Person(s) An individual, corporate or unincorporated body (whether having separate legal personality)
You/Your Person(s) who are viewing or using Afterhourstudio Forward Limited
Client(s) Person(s) with which Afterhourstudio Forward Limited are providing or Contracted to provide architectural consultancy services
Third Party (ies) Sub-Contractors, Engineers, Other Professional Advisors, Specialists or Other experts
Other Party (ies) Person(s) and Professional(s) involved in the town planning process e.g. local authority, consultees, third parties (amenity groups, individuals commenting on proposals)
Business Day A day other than Friday, Saturday, Sunday or public holiday in United Kingdom
Architectural Consultancy The services to be provided as agreed between the Client and Afterhourstudio Forward Limited will be including but not exclusively: advice, drawings, specifications, project management and other relevant to the Contract..
Written Proposal The Proposal to provide the Services provided to the Client, sometimes this written proposal will be sent via email.
Formal Written AgreementThe Formal Letter and/or email returned by the Client agreeing to the Written Fee Proposal, Afterhourstudio Forward’s Terms and Conditions and Privacy Policy
ContractThe written agreement and/or the email exchange between Afterhourstudio Forward Limited and the Client(s) comprising the Written Fee Proposal from Afterhourstudio Forward Limited and the Formal Agreement from the Client or any subsequent changes which have been formally agreed in writing and/or verbally.
Including/For Example/e.g. (or similar expressions)Use of these words shall be construed as being illustrative and shall not limit the sense of the words preceding those terms or other examples
Website Use
If you browse and/or use this website, you are agreeing to the terms and conditions listed in this section of Afterhourstudio Forward’s Standard Terms and Conditions.
The content of the pages of this website may be subject to change without notice.
Use of any of the information or materials on this website is entirely at your own risk, for which Afterhourstudio Forward Limited shall not be liable.
All photographs and specific wording about Afterhourstudio Forward Limited trading as dwell-ing being provided on this website are deemed to be the property of Afterhourstudio Forward Limited. Permission must be gained in writing from Afterhourstudio Forward Limited prior to use of this material. The website may also include reference to work by third parties. This work may also be subject to copyright by those third parties. Use of their work is entirely at your own risk, for which Afterhourstudio Forward Limited shall not be liable.
The links to other websites or apps is provided for your information. They do not signify that Afterhourstudio Forward Limited endorse these linked sites. Afterhourstudio Forward Limited has no responsibility for the content or privacy policies of these linked sites.
General
All engagements accepted by Afterhourstudio Forward Limited to provide Architectural Consultancy are subject to these Standard Terms and Conditions except where changes or alternative terms and conditions are expressly agreed in writing.
The Contract is as defined above and supersedes any prior written or oral agreements, representations or understandings with Afterhourstudio Forward Limited. All documentation that has not been included in the Contract is for illustrative purposes only and shall not have any Contractual force. The Client acknowledges that they have not relied on any statement, representation, assurance or warranty that is not set out in the Contract.
The Contract shall come into force when the Client has returned the signed Formal Written Agreement.
Afterhourstudio Forward Limited will endeavour to provide Architectural Consultancy in a timely manner but the Client acknowledges that any timescales provided by Afterhourstudio Forward Limited are estimates only due to limited control over the planning process due to third/other party input. Afterhourstudio Forward Limited can change any timescales , without any further notice, if fees are not paid on time.
Afterhourstudio Forward Limited will not be responsible for the quality or accuracy of any work undertaken by third parties
Afterhourstudio Forward Limited shall not sub-Contract any part of the Contract to provide Architectural Consultancy unless it is included within the Contract with Afterhourstudio Forward Limited or without first receiving approval in writing from the Client with a clear understanding of responsibilities.
All documents produced by Afterhourstudio Forward Limited and other intellectual property as part of its delivery of Architectural Consultancy to the Client shall be owned by Afterhourstudio Forward Limited. The Client acknowledges that they will not acquire any right, title or interest to any such intellectual property. Afterhourstudio Forward Limited will grant the Client a non-exclusive, royalty-free licence to copy, reproduce and use them solely for the project specified in the Contract. This licence will terminate immediately upon termination of the Contract whereby payment has not been made to Afterhourstudio Forward for the documents in accordance with the Contract and these Standard Terms and Conditions.
The Client’s Obligations
The Client agrees to ensure that they are satisfied with the details of the Architectural Consultancy to be provided by Afterhourstudio Forward as part of the Contract and that they are complete and accurate.
The Client agrees to co-operate with Afterhourstudio Forward and third/other parties in all matters relating to the Architectural Consultancy being provided by Afterhourstudio Forward Limited.
The Client agrees to provide Afterhourstudio Forward Limited with such information as may reasonably be requested and required to supply the Architectural Consultancy and ensure that such information is complete and accurate. The Client will provide this information within the timescales set by Afterhourstudio Forward Limited.
The Client agrees to comply with all applicable laws and regulatory requirements in force from time to time.
The Client will reimburse Afterhourstudio Forward Limited for any costs, expenses, loss or damage incurred by us as a direct or indirect result of a Client default. These shall be invoiced by Afterhourstudio Forward and paid in accordance with the terms and conditions set out in the Fees section of these Standard Terms and Conditions.
The Client will indemnify Afterhourstudio Forward Limited against all loss, damages, costs and expenses awarded against or incurred by Afterhourstudio Forward Limited in connection with any claim or threatened claim for infringement of any intellectual property rights of any third party which results from our use of any documents, information, specifications or other materials provided to Afterhourstudio Forward Limited by the Client or the Client’s representatives in connection with Afterhourstudio Forward’s delivery of Architectural Consultancy.
Liability
Afterhourstudio Forward Limited will endeavour to provide Architectural Consultancy with reasonable care and skill to the Client in a timely manner. However, Afterhourstudio Forward Limited will not be liable for any delays or losses incurred in connection with, or arising from, the supply by the Client or other third parties representing the Client, of incorrect, misleading or incomplete information, or the Client’s failure to act on Afterhourstudio Forward’s advice or respond promptly to communications from Afterhourstudio Forward or other parties, e.g. the local authority or other parties involved in the planning process, or third parties or for any errors or matters beyond Afterhourstudio Forward’s reasonable control. Afterhourstudio Forward will not be liable if the delivery of the Architectural Consultancy is prevented or delayed because of all such issues.
Afterhourstudio Forward will not be liable for outcomes resulting from the client choosing to or failing to act on or taken on board advice given.
Afterhourstudio Forward will not be liable for failing to obtain planning permission, building control, lawful development certificates and/or any other permission required by a local authority.
Afterhourstudio Forward will not be liable for any delays or losses incurred in connection with planning conditions and/or any other legal agreements (e.g. S106, CIL, etc) imposed by a local authority.
Provision of Architectural Consultancy, including advice, are provided for the Client’s sole benefit and for the purposes of the specific services sought and provided. Such services must not and cannot therefore be used or relied upon by other parties. Afterhourstudio Forward is not liable for any other use by third parties of the Architectural Consultancy provided for the Client or the use of the advice by the Client for other purposes.
Afterhourstudio Forward may make changes to the provision of the Architectural Consultancy without the Client’s consent to the extent required to comply with any applicable law, binding code of practice or safety requirements.
Any fees or charges submitted by third parties shall be the sole responsibility of, and payable by, the Client. Afterhourstudio Forward Limited will have no liability whatsoever for their fees or charges
Any fees or charges required by a local authority related to the planning process (including but not exclusively); pre-application fees, application fees and planning contributions (community infrastructure levies, affordable housing or any other planning contributions) are the sole responsibility of, and payable by, the Client and Afterhourstudio Forward will have no liability whatsoever for such fees or charges. Where required by the local authority, those fees or charges shall be paid upfront. Other charges related to the specific Architectural Consultancy, e.g. other consultants, material samples, hard copies, public consultation exercises, may involve the booking of a venue (and hospitality, if requested by the Client) for those purposes. The costs for such charges/bookings will be the sole responsibility of the Client and Afterhourstudio Forward will have no liability for such charges. Failure by the Client to pay any required fees or charges at the required time will delay the planning process and Afterhourstudio Forward Limited will not be liable for this or any delays or non-delivery of the Contracted Architectural Consultancy.
Neither Afterhourstudio Forward nor the Client shall be liable for any delays or failure to perform any of its obligations under the Contract because of an event beyond its reasonable control (Force Majeure). In the event of Force Majeure, both shall use reasonable endeavours to overcome any difficulties. arising as a result and resume their respective obligations as soon as is reasonably possible.
Afterhourstudio Forward Limited holds both Professional Liability Insurance and Public Liability Insurance. Details of this, where necessary can be provided upon request to the Client.
Fees
Afterhourstudio Forward Limited fees are calculated on a percentage of our estimated cost for the development and/or a standard fixed rate (unless otherwise agreed with the Client). These will be provided upon request as part of any quote.
Any fee quotation provided by Afterhourstudio Forward Limited to the Client is valid for a period of 30 days from its date, provided that Afterhourstudio Forward Limited have not previously withdrawn it.
Any fee specified by Afterhourstudio Forward Limited in the Written Proposal is not fixed or capped and will be an estimate only based upon the information available and known to Afterhourstudio Forward at the date of the Written Proposal. Afterhourstudio Forward may change the estimate by written notice to the Client at any time.
If while delivering the Contracted Services additional work is necessary and/or required which is outside the scope of the Contracted work originally agreed with the Client, e.g. additional requirements from the local authority, the fees will be reviewed, and further fees may be payable by the Client. In all cases where additional fees are payable, the Client will be notified in writing in advance and agreed with the Client prior to Afterhourstudio Forward Limited proceeding with any additional work. However, there may be occasions when the urgency of the work requires Afterhourstudio Forward Limited to act in advance of notification and in those circumstances, Afterhourstudio Forward Limited will notify the Client as soon as reasonably practicable. The Client agrees to pay those additional fees in such circumstances.
Afterhourstudio Forward Limited require all fees relating to a planning appeal stand-alone work to be paid in full prior to the submission date of any appeal to the relevant national planning appeal body
Afterhourstudio Forward Limited may, dependent upon the nature and timescale of the work, require fees to be paid in part, in instalments or in full in advance. This will be detailed in the written fee proposal.
The following costs are normally added to fee accounts as disbursements:
Photocopying and printing of plans
Photography
Ordnance Survey maps
Publications (e.g. local authority documentation – local plans)
International Telephone Calls (if any)
Delivery charges
Mileage and other travel/accommodation expenses (if agreed by both parties)
Full details of these charge rates will be provided to the Client. All such disbursements will be only incurred where necessary or reasonably incurred during the delivery of the Contracted Services. Out-of-pocket expenses may be invoiced in advance of the fee-based invoice. Afterhourstudio Forward is an advocate for sustainable working practices. Afterhourstudio Forward will therefore endeavour to minimise any disbursements to the Client through the operation of such sustainable working practices. For example, Afterhourstudio Forward will operate a paperless office system but where necessary or required, copying and printing will occur. Publications and documents will also be viewed online where possible to avoid publication costs to the Client. Research, where possible, will also be carried out online to avoid additional travel expenses (and potential accommodation expenses) being incurred by the Client.
Afterhourstudio Forward Limited will not be held responsible for any delays in receiving information from third parties or any errors or inaccuracies in that information. Such delays or any changes in the Client’s instructions, or any other matters outside Afterhourstudio Forward’s control which lead to additional work or loss of work (whether such work falls into the agreed scope of work or not) may result in additional fees being charged by Afterhourstudio Forward for which the Client will be solely liable. Also, results in outstanding fees to be paid in full by the client.
Invoices will be submitted to Clients monthly, or as otherwise agreed with the Client, dependent on the Architectural Consultancy Services being provided by Afterhourstudio Forward Limited. All invoices must be paid upon receipt or as per the due date on the invoice. Without prejudice to any other rights or remedies to which Afterhourstudio Forward may be entitled, Afterhourstudio Forward Limited reserves the right to charge interest on any outstanding late payments owing at 5% above that outstanding amount. Such interest will accrue daily from the original due date until the actual payment of the overdue amount.
Afterhourstudio Forward Limited reserves the right to immediately suspend work on projects where accounts are outstanding after 5 days, other than by prior agreement. Work will only then proceed upon payment of the outstanding amount including any interest accrued. Any further non-payment of invoices will result in work being suspended immediately and the Client being invoiced for all the Contracted work in full, which together with the accrued outstanding amount, shall be payable within 5 days of that final invoice. Interest at the rate outlined in paragraph (8) will continue to be applied until payment has been made in full. Afterhourstudio Forward Limited will not be liable for any delays or losses incurred because of suspension of work.
Termination of Contract
If the Client decides, for whatever reason, to either (a) cancel or terminate a Contract with Afterhourstudio Forward prior to the completion of the agreed scope of Architectural Consultancy Services to be provided, or (b) materially alter the agreed scope of Architectural Consultancy Services to be provided, then any work done by Afterhourstudio Forward Limited pursuant to or in connection with the agreed scope of Architectural Consultancy Services to be provided, then the Client will be invoiced in full on the date of (a) or (b). Any termination of the Contract by the Client shall be provided in writing to Afterhourstudio Forward Limited not less than five business days in advance.
Without prejudice to any other right or remedy that may be available to Afterhourstudio Forward Limited, we reserve the right to suspend or terminate the Contract for Architectural Consultancy Services in the following circumstances:
(i) Continued non-payment of invoices (where the invoice has been sent and payment does not reach the business account within 5 working days)
(ii) A material breach of the Contract (and if remediable, fail to remedy that breach within 5 business days of receiving a written request from Afterhourstudio Forward Limited to do so)
(iii) A conflict of interest if Afterhourstudio Forward Limited continues to deliver Architectural Consultancy Services
(iv) Any step is taken in relation to the Client’s bankruptcy, administration, liquidations or insolvency or any event occurs which has an effect equivalent or like any of the foregoing in any jurisdiction, or the Client suspends or threatens to suspend the payment of debts, or Afterhourstudio Forward Limited reasonably believe that the Client is or will imminently become unable to pay their debts as they fall due
(v) Afterhourstudio Forward considers in our reasonable opinion, that there has been a serious breakdown of confidence or relations between the Client and Afterhourstudio Forward Limited
(vi) Where the Contracted Architectural Consultancy Services could or is subsequently found to result in illegal, fraudulent or immoral works or activities
In either case, the Client will be invoiced in full for all Contracted Architectural Consultancy Services and payment shall be in accordance with paragraph 8 in the Fees section of these Standard Terms and Conditions.
Law
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted. Any deletion under this clause shall not affect the validity and enforceability of the rest of the Contract.
Except where set out in these Standard Terms and Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by Afterhourstudio Forward Limited. Such variations of the Contract shall not be deemed to be breach of Contract.
Person(s) who are not a party to the Contract shall have no rights to enforce its terms.
The Contract is personal to the Client and the Client may not assign, license, transfer, delegate or sub-Contract all or any of the Client’s rights or obligations under the Contract without Afterhourstudio Forward’s prior written consent.
The relevant courts in England, Wales and Scotland shall have exclusive jurisdiction in relation to any claim, dispute or difference relating to any Contract for Architectural Consultancy Services provided by Afterhourstudio Forward Limited.