Terms and Conditions
Terms of Service
1. “Company” refers to SMARTePLANS® & smarteplansuk.com, & smarteplans.co.uk including but not limited to any principals, employees and advisors associated with said companies.
2. “the Client” is the owner/occupier or person who commissions services from the Company.
3. The Extent of the Project is defined in the quotation and or invoice only, any changes or deviations to this will be chargeable.
4. “Other Person” means any person, company or firm, other than the Company or any sub-consultants of the Company who have performed or will perform work related to the project.
1. Client’s Responsibilities
1.1 The Client will provide a clear explanation of the project in full and disclose all relevant information that the Company requests, needs or relies upon to carry out their quotations and services. It is the clients responsibility to provide all information that is relevant to either the project, building or works relating to the application and to provide and disclose all information relating to their building and/or area, which include but is not limited to; Whether their property or site falls within Green belt, An Area Of Outstanding Natural Beauty, is a Listed Building and/or Listed by association (falls within the grounds or curtilage of a Listed Building), falls within a Conservation Area or had Article 4 Direction removed. Projects and/or sites that come under any of these previously, noted conditions, have different policy guidelines and restrictions, which the Company would require full disclosure of at the time of quoting and/or instruction, to ensure that the restrictions and conditions are adhered to and that the correct applications are applied for; Full disclosure is to be provided to the Company by the Client and is chargeable, if it has not been disclosed prior to quotation, or instruction, which has been subsequently requested or brought to light by the Planners or another source and involves the supply of additional information or amendments to a scheme in order to conform to Policy, that the Client did not make the Company aware of. The Company will not be held liable in any way or responsible for losses which may have been incurred by non-disclosure of these Company requirements or deviations and will revert to the client for ALL additional fees and ALL costs. Whether the client states that they were not aware of them, the Company has the right to charge additional fees to amend the drawing and/application in order to conform to Policy, that the Company was not made aware of.
1.2 The Client will provide the Company with clear and concise information in full about the Client’s intended scheme and any schedule of works that the Client is aware of, the existing use class of the project and correct and accurate information regarding the projects proposed use class. It is the Clients responsibility to check the quotation or package purchased, making sure that the services quoted and subsequently invoiced for are correct, as additional services than those quoted or invoiced for will be chargeable.
1.3 The Client can appoint any other professional specialist services whose fees shall be separate from, and additional to, those charged by the Company. The Company shall not be responsible or liable for the work of those other professional specialist services and their services are completely independent of the Companies, such matters as, but not limited to:
Surveyor/measured plan survey, Structural Engineer who handle the structural aspect of the design
Quantity Surveyor to confirm cost estimates and advise on payments to the builder during the constructions phase
A Landscape Architect to complete the tying together of the building and land
A builder or construction company should you require measurement’s or advice on site
An Interior Designer should you require input on the furniture, fittings and decorating of your building
A Glazing company, Kitchen Company, Bathroom Company or any third-party company that has been instructed independently, as we do not give authority or a licence for our drawings being used for any other purpose other than what has been commissioned. Energy Specialist should you require a SAP calculation for glazing which is above 25%, highly glazed extensions or a New Build.
A Day Light and Sunlight Specialist should your Local Authority require a report
A Flood Risk Report Specialist should your Local Authority require a report
The Client shall hold each consultant appointed, separately responsible for the competence and performance of their own services and liability.
1.4 The Client will be available at all reasonable times throughout the project to give prompt consideration to the Company’s advice, the Company’s queries, the Company’s requests for further information and to provide prompt responses. If the Client fails to respond in a timely manner to questions the Company rely on or has failed to disclose any information to the Company, the Company may remove itself as Acting Agent without prior notice.
1.5 The client shall provide, free of charge, all the information in the client’s possession, or which is reasonably obtainable, and which is necessary for the proper and timely performance of the services and the Company shall be entitled to rely on such information, The Company will not be liable in any way for non-disclosed information.
1.6 The client will hold the contractor or contractors and not the Company responsible for the proper carrying out and confirming of on-site measurements and completion of construction all/any works, any discrepancies of on-site measurements must be reported to SMARTePLANS immediately, in writing. The Client shall employ a contractor under a separate agreement to undertake construction or other works relating to the project. The contractor shall be responsible for the proper carrying out and completion of the works and for health and safety provisions on site.
1.7 The Client acknowledges that the Company does not warrant compliance with the construction, cost and/or the timetable, which may need to be reviewed for such matters as, but not limited to:
(a) Variations arising from design development or requested by the Client
(b) delays caused by any Other Person; and/or
(c) deviations from an application submission that due to site works/non-disclosure of information, results in an application, falling outside the constraints of the application originally submitted (d) any deviations from the submitted drawings.
(e) any other factors beyond control of the Company and/or that the Company were not made aware of.
1.8 The Client will provide instructions to proceed, either with, confirmation in writing or via email or by way of a payment of a deposit and will be deemed to have read and agree with these Terms and Conditions.
2. Company’s Responsibilities
2.1 The Company shall provide their drawing services, duties and obligations with reasonable skill and care in conformity with appropriate professional standards. The company will act on behalf of the Client in matters set out in Fee Proposal provided, until submission to your Local Authority, submissions to Private Building Control will be the responsibility of the Client.
2.2 The Company shall not be responsible for the work of the building contractor nor for any failure of the building contractor to complete the building work in accordance with the terms of the building contract.
2.3 Make no material alteration to the Services or the approved design without the consent of the Client, except in an emergency (for example, to prevent refusal of application unless minor revisions are required, and the Client is unreachable within the deadline provided).
2.4 The Company charges for the drawing time spent on a project. If amendments to the drawings are required, they will go back into our workflow and will be completed in the order of when they were received, they will not jump our existing work schedules. For single projects and internal reconfiguration packages, a maximum of up to 3 revisions will be drafted free of charge, following revisions will be drafted but will be chargeable. For multiple projects pertaining to the same site a maximum of up to 5 revisions will be drafted free of charge, following revisions will be drafted but will be chargeable. You will be notified at the time additional revisions are requested.
2.5 Any amendments requested after the drawings have been approved or submitted or exceed the original determination deadline date, or the planners have requested amendments to, or a request for an extension in time, to change or produce further drawings will be chargeable at a minimum cost from £295, depending on the scope of works requested, whether a new application needs to be prepared and whether there or not there was full disclosure at the time of quoting/submitting the existing application. Once the application is in; The Company has fulfilled its obligations to the Client and will only liaise directly with the planners, if in the event the planners require additional information, this will be highlighted and passed on to the Client. If the Client wishes that the Company makes any changes to an approved scheme, then the Company has the right to charge for their drawing time.
3. Site Measure
3.1 The Client is responsible to ensure that the complete site is in a suitable condition to measure, i.e. Working at height regulations, access into buildings/rooms provided and building is in a tidy/safe condition so that measurements/details can be taken. If a second visit is required due to poor condition or limited access, then this will be chargeable.
3.2 All dimensions should be checked by the contractor on site prior to works commencing, any discrepancies from what is noted or depicted on the drawings, must be notified to SMARTePLANS, immediately in writing. Any variations in squareness, depth of plaster etc, must be checked for. It may be necessary for the contractor to remove brickwork and / or plaster to establish the actual position of the wall.
The Company States that:
Do Not Scale from the drawing: Party Wall Act 1996: Party wall agreements are the responsibility of the client. Drawings are for planning and building regulations purposes only and NOT CONSTRUCTION DRAWINGS. Check that the drawing is the latest/final revision, if in doubt, ask. Any dimensions shown are subject to on-site confirmation and all measurements are to be checked on site prior to any construction or manufacture, commencing.
All dimensions are in millimetres unless stated otherwise. No dimensions to be scaled from the drawings. Specific details are subject to further design development. The drawing is copyright protected. Drawings can only be used with the permission of SMARTePLANS. Refer any discrepancy to SMARTePLANS immediately in writing. THE PLAN HAS BEEN PREPARED FROM INFORMATION PROVIDED BY THE CLIENT & FROM ORDNANCE SURVEY PLANS & AS SUCH CANNOT BE RELIED UPON FOR ACCURACY OF SITE DIMENSIONS. The client is responsible for defining the correct boundaries & site ownership, including Party Walls, SMARTePLANS cannot be held responsible for subsequent Land, Party Wall disputes or any material loss when obtaining information from this plan. It is the responsibility of the client to wait for planning & building regulations approval before commissioning any works, any works commenced on site, without approval, shall be at the clients and or the contractor’s own risk and SMARTePLANS will not be held liable.
4. Planning Permission and Building Regulations Approval
4.1 The Company cannot guarantee that planning permission and/or Building Regulations approval will be granted because these decisions rest with the Local Planning Authority or Building Control. The Company will consider Local Authority guidelines so that the project has a good chance of success, however, sometimes exemptions to guidelines will have to be negotiated to achieve the design required for the project. Should the Client get a refusal or asked to withdraw the application, then a separate fee agreement and new contract will be produced, the original contract will have ended, and the original file is automatically closed.
4.2 The Company will provide standard building regulation specification drawings, any additional service requirements such as specialist foundations, structures, ground testing, SAP testing, flood risk reports, bat surveys. etc. are not included within our advertised Planning or Building Regulations Packages and the Company will not be held responsible to provide such services within the scope of its Drawing Packages.
5. Fees & Payment Terms
5.1 The Company’s fee is outlined in the Fee Proposal provided and is valid for 28 days Only. Any services requested by the Client that are not listed on their original quotation, package information or invoice will be charged additionally. Deviations from your original brief and quotation will be notified to you and if you would like us to include your changes, we will be invoiced separately, unless there is an outstanding payment, which we will, if acceptable to us add to your outstanding invoice.
5.2 The Company’s fee is calculated on reliance upon the accuracy and completeness of information provided by the Client. Should there be additional works not mentioned when asked to clarify, or withheld intentionally or not, the Company has the right to revise the quotation and a fee for the additional works will be provided.
5.3 The Company’s fee includes our expenses but excludes any disbursements; any disbursements made on the Clients behalf, such as payments to the local authority for planning submission or Building Regulations approval will be charged at net cost.
5.4 To commence with appointment the Company require a non-refundable deposit (amount confirmed in the Fee Proposal or on-line booking system). The remainder to be paid outlined in the Fee Proposal or on-line booking system or invoice raised.
5.5 An invoice will be produced for payments and settlement is required within 7 days, invoices not settled within 15 days of the date on that invoice will attract interest at the rate specified by the Late Payment of commercial Debts (interest Act 1998). It shall be added to any outstanding amount for the period from the day after the due date until the date of receipt (whether before or after judgement) together with any reasonable and proper amounts we incurred in seeking to recover such late payments (including legal fees, court fees and admin fees).
5.6 Should our involvement with the project exceed 3 months from the deposit date and at our discretion, we will invoice for the works carried out up to that date and at the end of every month on a pro-rata basis.
5.7 Once the Company has prepared the final drawings for the Client, as instructed, the client has 5 working days in which to accept their drawings, so that the Company may submit to the Local Authorities on the Clients behalf and act as their Agent “Free Of Charge” Failure by the Client to respond in this timeframe, set out by the Company, may result in the Company closing their file and the Client losing the right to the Company acting on their behalf as their Agent “Free Of Charge” (All final documentation will be sent to the client for their own submissions). Once the planning and or building regulations drawings have been submitted to the Council, the Company has fulfilled and has discharged its obligations to the Client and will act, only in an "agent capacity" regarding the application process, directly with the planners and only relating to the specific application that the Company has submitted at the time. The Company will pass onto the Client any relevant information that the planners have requested, it is the Clients responsibility to provide any additional information to the Company, that the planners have requested. If we have submitted your application and you do not pay your online planning fees within 7 days as notified on your submissions email and we have to resubmit your application, we will charge you a £75 resubmission fee. If you opted for our 50% discounted building regulations package, then the T&Cs are; It has to be submitted in conjunction with your planning application and not after you have received your planning decision, if you require us to submit later then you will be invoiced and charged the appropriate FULL amount, for us to continue with your application. If you fail to pay your building control “plan inspection fees” and hold off or invalidate the process in any way, we will not act as your agent for a later/resurrected submission. We will only act as your agent for a full plan’s submission and not on a building notice as we do not offer project management, during your build. Our data is automatically removed after 3 months and therefore your file is automatically closed, unless you have the written consent from SMARTePLANS to the contra. If you require additional services after this period, a new contract/fees/invoice and possibly survey will have to be raised.
5.8 All drawings are prepared and licensed for one single application only, a refusal or withdraw on any consent will automatically close the current file and the contract we be automatically be finalised and a new application will need to be sought if both parties agree and a new quote has been issued and paid in full.
5.9 Special Offers; Special offers are subject to the terms of their promotion or special offer as stated at the time of booking. If an offer is taken within a set period, as stated, then payment terms will vary. The discount will only be offered if a survey takes place within 7 days of confirming the offer, once the survey is complete, the remainder of the balance is then due and must be settled in full, within 10 days, following the receipt survey data. Failure to comply with the special/promotional offers terms and conditions, will result in the discount being withdrawn and the client/customer, being requoted for the full amount. As special offers are only available during times that can it be accommodated. If a special offer has been taken and a survey has commenced, the outstanding balance is then due. If a client does not fulfil their contractual agreement to pay the balance, then the special offer will be cancelled and a refund will not be given.
6.1 Notice of the right to cancel (consumer distance or off premises contracts)
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you are a Consumer and have entered into a distance or off-premises contract with us (for example if you have not attended our offices in person, or were visited by one of our staff at your home or place or work or have instructed us over the telephone, by email or post) the following provisions will apply to our engagement: You have the right to cancel your engagement with us within fourteen days, unless you have automatically waivered your rights by any of the following:
If you require us to undertake work within the cancellation period, then you can ask us to commence work in writing, by telephone or by email and if you do so you will be responsible for paying for the services and goods provided even if you later decide to cancel the engagement before the cancellation period has expired. If we commence the work within the cancellation period, you will lose your right to cancel your engagement in relation to that work, and by instructing us to undertake the work, you acknowledge the waiver of this right.
6.2 If the Client requests a termination of the agreement, the Client will pay the Company’s fees and disbursements for all services which have commenced and or paid for in advance, under our stage payment agreement. Stage payments are for the benefit of the Client, to spread the cost of the package accordingly, each stage does not represent the actual cost of the services provided to the Client. If a survey has already taken place the outstanding amount for the survey and technical drawing of the survey will be required in full. All surveys are subsidised and rolled into your drawing package, cancellation or none payment of your package will result in a minimum outstanding amount of £750. Once your survey has been completed and you have received your draft floor plans, you will be asked to confirm your plans and make your stage 2 payment. Once your stage 2 payment has been received, we are unable to cancel your package as acceptance will be deemed, however you may keep the same package or upgrade your package, if needed. Surveys are discounted when taken in conjunction with one of our packages, once the survey deposit has been paid if you need to amend your booking, reschedule or cancel you must notify us in writing within 48 hours of the survey date, if you fail to notify us in writing, we reserve the right to charge a cancelation/rebooking fee, min £95 up to the total amount of the deposit paid, depending on the prior notification given.
7. Liability and Insurance
7.1 The Company nor any employees of the Company or agents of the Company shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services.
8.1 Neither Party will use, copy, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
9. Copyright – THE CLIENT’S PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE 9
9.1. Clauses 9.2 to 9.7 shall apply where:
9.1.1. the Client has obtained architectural drawings or other works and materials that are or may be subject or potentially subject to copyright or other intellectual property rights from any Other Person (“Third Party Materials”); and
9.1.2. the Project requires the Company to:
184.108.40.206. issue copies to the public of;
220.127.116.11. adapt for other purposes; or
18.104.22.168. otherwise make use of,
(“Use”) the Third-Party Materials.
9.2. The Client hereby grants to the Company for the purposes included and outcomes sought to be achieved by the Project a non-exclusive, royalty-free, unencumbered licence or sub-licence (as the case may be) to Use the Third-Party Materials for the purposes of the Project (“Licensed Rights”).
9.3. The Client warrants that:
9.3.1. the Use by the Company of the Licensed Rights will not infringe the rights of any third person; and
9.3.2. it either:
22.214.171.124. is the sole legal and beneficial owner of, and owns all right, title and interest in, the Third-Party Materials; or
126.96.36.199. has the consent of the owner or rights holder of the Third-Party Materials or otherwise has the right to grant to the Company the licence contained in clause 9.2 and that such licence is not excluded or prohibited (expressly or impliedly) by any agreement (written or oral) between the Client and the applicable owner or rights holder of the Third Party Materials.
9.4. The Client shall indemnify the Company against for and against all liabilities, costs, expenses, damages, fees, and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, and all interest penalties and legal costs (calculated on a full indemnity basis), and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach of the warranties contained in clause 9.3.
9.5. The indemnity contained in clause 9.4 shall apply whether the Customer has been negligent or intentionally at fault.
9.6. At the request of the Company and at the Client’s own expense, the Client shall provide all reasonable assistance to enable the Company to resist any claim, action or proceedings brought against the Company because of any breach by the Client of the warranties contained in clause 9.3.
9.7. Nothing in this clause 9 shall restrict or limit the Company’s general obligation at law to mitigate a loss it may suffer or incur because of an event that may give rise to a claim under the indemnity contained in clause 9.4.
9.8. The copyright in all designs, drawings, DWGs, RVTs, reports, models, specifications, bills of quantities, calculations and any other documents prepared by the Company (“the Documents”) shall remain vested in the Company. As long as the Company has received the payment of all fees properly due and owing, the Company grants a licence to the Client to use the drawings in PDF format only, for the intended, commissioned purposes, set out in the engagement of the project (excluding any extension of the project) 1.e Planning Drawings for the sole use of obtaining Planning Permission and Building Regulations Drawings for the sole purpose of obtaining Building Regulations. If our drawings are or have been used for any other purpose than the one commissioned and paid in full for by the client, then the balance of the unsolicited amount may be sought and/or damages resorting from improper use of a purpose and infringement of copyright may be legally sought, termination of engagement will be absolute. All of our drawings are provided electronically in PDF format only. Any requests for hard copies will be charged @ £18 per A1 sheet plus recorded postage costs.
9.9. The Company shall not be liable for any use of the Documents for any purpose other than that for which they were prepared and provided by the Company.
9.10. The use of SMARTePLANS drawings and floor plans without the express permission of SMARTePLANS or without full payment, will result in a breach of copyright. A charge of £2500 can be charged for any breach of copyright, in addition to any administration and legal charges, as well as the original invoice fee.
10. Time Scales
10.1 Where under this Agreement an action is required within a specified period of dates from a specified date, that period commences immediately after that date. The period shall exclude Saturdays, Sunday and all Public Holidays. Once we have sent you, your drawings (Floor plans or Existing or Proposed), you have 7 days in which to notify the Company of any amendments, if you do not notify us in this timeframe, we will take it as there are no revisions and automatically move onto the next stage as outlined in your original quotation.
10.2 The Company can provide an estimation of the time to complete their Services before proceeding, but this is only an estimate given at the time it was asked and the Company will not be held responsible or liable for adhering to any specific time constraints imposed by the Client or third parties.
Should you wish to proceed, please email or write to us with your instruction, including the services you wish us to carry out and the billing name and address and service address if different. We require a non-refundable deposit to be paid before our services begin, which is outlined in this fee proposal, an invoice will be created for the deposit following receipt of you billing details.
Website Usage Terms and Conditions
The term ‘smarteplans’ or ‘us’ or ‘we’ refers to the owner of the website whose office smarteplansuk.com. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Smarteplansuk is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Smarteplansuk may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect: We may collect the following information:
name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
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Links to other websites
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Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].
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