Terms and conditions
1. General
a. “the Designer” is Inside Out Your Space Ltd.
b. the Client” is a homeowner/occupier who commissions services from the Designer.
c. “the agreement” means the agreement between the Designer and the Client including these Terms and Conditions.
d. You will automatically enter into the agreement once we commence with any work stage.
2. Designer’s services
a. The Designer will provide the Client with a list of services to be provided and the Client will agree the services and any specific requirements to be provided by the Designer.
3. Client’s responsibilities
a. The Client will provide a clear explanation of the project and any relevant information the Designer needs to carry out their services.
b. The Client will provide the Designer with clear information about the Client’s budget and required timescales for completion of the Designer’s services and the project.
c. The Clients accepts that their requirements may not fit within their budget, therefore the brief or budget may have to vary for the Designer to provide an acceptable outcome.
d. The Client shall appoint any other professional specialist services whose fees shall be separate from, and additional to, those charged by the Designer. The Designer shall not be responsible or liable for the work of those other professional specialist services.
4. Designer’s responsibilities
a. The Designer cannot guarantee construction costs as there are too many variables.
b. The Designer will advise the Client regarding a realistic timetable for the implementation of the project and shall inform the Client of methods to ascertain the estimated costs of the building work.
c. Where the Designer considers other consultants, specialist contractors or sub-contractors are required to undertake part of the design work, the Designer shall advise the Client of this requirement.
d. The Designer, if specifically instructed to do so by the Client, shall make such periodic inspections of the building works as he considers reasonably necessary to check the progress of the works and to see that the building contractor is generally complying with the requirements of the building contract documents.
e. The Designer 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.
f. The Designer shall act in a fair and impartial manner as between the Client and the building contractor, when administering the building contract.
g. The Designer will act as the Client’s agent to apply for any necessary statutory approvals (such as planning permission and building regulations approval) but does not guarantee that such approvals will be obtained.
h. The Designer shall carry out their duties and obligations and provide the services with reasonable skill and care.
5. Fees
a. The amount and dates of the Designer’s fee shall be agreed between the Designer and the Client.
b. A 50% deposit is required for each step.
c. The Client shall pay the invoiced fees within 7 days of the date of the Designer’s invoice, unless otherwise agreed.
d. The Designer’s fees shall not include local authority fees or charges associated with statutory approvals and other professional or specialist services.
e. The amount of any expenses (including but not limited to printing, photography, hotels, travel and subsistence) to be charged to the Client in addition to the Designer’s fee shall be agreed between the Designer and the Client.
f. The Designer shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment. Interest shall be charged at 8% above the Bank of England base rate from time to time.
g. If the Client changes the services to be provided by the Designer the Designer may charge the Client an additional fee. Such additional fee shall be provided in writing by the Designer and agreed between the Designer and the Client as soon as possible.
6. Copyright
a. The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by the Designer (“the Documents”) shall remain vested in the Designer. As long as the Designer has received the payment of any fees properly due and owing, the Designer may grant a licence to the Client to copy and use the Documents for the purposes of the project only. The Designer 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 Designer.
7. Duration of Designer’s liability
a. The Designer shall have no liability to the Client under the agreement after the expiry of one year from the completion of the services.
8. Termination
a. Either the Client or the Designer may terminate the agreement by giving the other fourteen days written notice. No reason needs to be given for terminating the agreement.
9. Disputes
a. If the Client and the Designer are themselves unable to resolve any disputes between them arising out of the agreement the Client or the Designer can start mediation and court proceedings.