Terms and conditions Statement: 

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This website is operated by ICI Architecture Studio and Designology. Both trading names of the ICI Development Group. Throughout the site, the terms “we”, “us” and “our” refer to 'ICI Architecture Studio', 'Designology' and 'ICI Development Group'.  ICI Development Group together with ICI Architecture Studio and Designology offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our services or our website. By using our services, accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our services or access to the website following the posting of any changes constitutes acceptance of those changes and in agreement with our terms of service.

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UPDATES TO TERMS OF SERVICE - 01.01.2021.

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FORCE MAJEURE 

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for six months, the party not affected may terminate this agreement by giving 30 days’ written notice to the affected party.

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Such causes include but for the avoidance of any doubt are not limited to:

• acts of God, flood, drought, earthquake or other natural disaster;

• epidemic or pandemic*; and

• terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.

• Disruption due to Covid-19 by both Supplier and 3rd Party Suppliers. 

• Disruption or information not provided by 3rd party suppliers inclusive of manufacturers, local authorities or statutory bodies. 

• Disruption due to staff or colleague ill health including but not limited to hospitalisation or exceptional circumstances such as funerals or bereavements. 

*A pandemic is defined by the World Health Organisation (WHO) as the worldwide spread of an infectious disease affecting an exceptionally high proportion of the population within a short period.

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Local Authority Dealings:

 

ICI Development Group cannot guarantee that, Planning, Listed Building, Conservation Area Consent/ approval will be achieved on any project.

 

There are occasions where a client’s specific requirements are at variance with planning or design policy in a particular area, and subsequent amendments have been necessary following the submission of the scheme to the Local Authority, or indeed another application may need to be submitted.

 

We would use our best endeavours to avoid this at design stage, and would try to advise when difficulties could be anticipated. We do, however, reserve the right to charge for our time amending or redrawing the proposal should it ultimately prove a necessity these are charged at our standard hourly rates. 

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Administration £40 per hour 

Architectural Technologist  £75 per hour 

Director £120 per hour.

 

We would draw your attention to the fact that Local Authorities now request an increasing amount of supporting documents to be submitted with Planning Applications, the exact extent of this information is subject to both National and Local requirements; but is also subject to the demands of Planning Authorities and officers. What one Local Authority may demand is not necessarily what an adjacent authority would equally demand. ICI Development Group cannot therefore guarantee that all supporting documents or information requirements will be known at the time an application is submitted.

 

ICI Development Group will liaise with other consultants to assist in obtaining supporting documentation, but cannot be held responsible for the time and extent that gathering such information may entail. The Client should note that the Planning Authority will not register a planning application until all supporting documentation is received.

 

Where it becomes necessary to Appeal a Planning or Listed Building Consent Decision we will advise you of the implications and would need to charge for the time to prepare any appeal and the supporting documents and statements necessary to submit the Appeal. This may include recommending the appointment of a Planning Consultant to deal with specific Planning Policy issues, there are projects where policy issues would warrant this additional service. 

 

Building Regulation and other Statutory Approvals

 

 ICI Development Group cannot guarantee that Building Regulation Approval will be achieved on any project; it should be noted that additional costs may be incurred. ICI Development Group has experience constructing buildings in many sectors and working with and anticipating the likely difficulties a project may attract. However, the Building Regulations and Other Statutory regulations are open to interpretation by each officer. Policy and regulation changes can affect the final outcome of a project, as well as the constraints of the Building, Environment, Site Conditions, Services, Other Consultants input.

 

It should be noted where dealing with the refurbishment, extension and alteration of existing buildings, that there can be many factors which can develop during the course of a project which would require additional detailing, or changes to the specification and detailing initially envisaged. This can be as a result of many factors such as cost, specification, manufacturer’s requirements, LA requirements, site conditions, unforeseen elements, building condition or construction uncovered during the works, and interpretation of the regulations.

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Fees & Expenses Updates:

The Client shall reimburse expenses and disbursements, these will be itemised on Invoices (and are as listed on our website).

 

Printing: All printing is charged at cost price including P&P plus an additional 20% handling fee.

 

We include travelling costs up to a 20 mile radius of our registered office, where a specific no of visits areas stated in the letter of appointment. Mileage will be charged for all travel and additional Meetings, Site Visits, over and above those stated in the initial appointment letter. Mileage over and above the fee agreement we charge a mileage rate of 0.50p per mile. Such mileage rate will change if fuel costs/published fuel rates rise beyond this rate. Where travel by public transport is required including but not limited to train travel and flights. Expenses will be charged at cost price plus 20% administration and handling fees. 

 

Any additional expenses incurred will be quoted at the time they are instructed, required or raised, such as OS maps, historic mapping, sewer mapping, promotional material, brochure’s, visual presentation images, mounted presentations, models etc Expenses will be charged at net cost plus a handling charge of 20% to cover administration to obtain documents. A list of expenses is also available on the practices website.

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Payment of our invoices is due on delivery of our invoice to you within 14 days of issue not receipt.

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Please note If the bill is not paid within the period stated on the invoice 14 days from delivery date.  Interest shall be added to all amounts remaining unpaid thereafter and shall be calculated in accordance with the Late Payment Commercial Debts (interest) Act 1998 as amended and supplemented by the Late payment of Commercial Debts Regulations 2002 and the relevant reference rate plus the statutory rate of interest.

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We also reserve the rights to place any debt into the hands of a debt recovery agencies following failure to pay within the specified period.

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Credit Checks: 

ICI Development Group (including ICI Architecture Studio & Designology Group) may at its discretion undertake Credit Checks to verify your identity for the purpose of fraud prevention and revenue protection. ICI Development Group may use the credit checks to assess the level of risk, check and verify your identity, trace and recover debts and prevent criminal activity. 

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We will continue to exchange information about you with credit reference agencies while you have a relationship with us. We will also inform them about your settled accounts. If you borrow and do not repay in full and on time, they'll record the outstanding debt. This information may be supplied to other organisations by the credit reference agencies. 

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When credit reference agencies receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.

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How we handle your data?

We may share your details with other companies in our group (ICI Architecture Studio & Designology) as well as fraud prevention agencies. Information held by fraud prevention agencies may be shared with other organisation's to help them make decisions on other credit applications or insurance claims made by you, your business partners or anyone in your household. 

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The information we hold maybe used for debt tracing and assessments. If for whatever reason, you are unable to repay an outstanding debt in full and on time, we may inform the credit reference agencies who will make a record of the outstanding debt. 

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You can request a copy of your credit reference file by writing directly to the agencies listed below. There is a small fee for this service and the files held by each agency may not be the same. Each of the agencies will provide you with details of their charges when you contact them. 

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Debt Recovery & Revenue Protection:

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Our partners from 'Creditsafe' may undertake appropriate action inline with industry practices. This may include: 

• Passing your details over to debt recovery partners for processing. You maybe charged up to 20% of the outstanding balance together with any interest or late payment surcharges that maybe applied. 

• Your credit record being automatically marked as 'overdue' or 'late payment' or 'None Payment' this information is shared with other credit reference partners and may affect your overall credit rating and options for any future credit including mortgages. 

• Applying and issuing a CCJ or County Court Judgement or Statutory Demands. 

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Please note that in the event that your credit record has been marked by our credit reference partners it will stay on your records for a minimum of 6 years. After this period you maybe able to appeal with the Credit Reference Agencies directly. 

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Should it become necessary for us to appoint Solicitors and/or debt recovery agents to recover any unpaid invoices, you will be liable to pay all costs, fees, disbursements and any other charges including legal fees and costs reasonably incurred by us during the recovery process for any unpaid invoices, regardless of the amount of our claim.

 

ICI Development Group (ICI Architecture Studio & Designology Group) has no control over the appropriate measures our external partners may utilise. 

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Credit reference agencies we work with: 

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Experian Limited experian.co.uk/crain, Post: Experian, PO BOX 9000, Nottingham, NG80 7WP, Web address: https://ins.experian.co.uk/contact

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Equifax PLC equifax.co.uk/crain, Post: Equifax Limited, Customer Service Centre PO Box 10036, Leicester, LE3 4FS, Web address: https://www.equifax.co.uk/Contact-us/Contact_Us_Personal_Solutions.html

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TransUnion transunion.co.uk/crain, Post: TransUnion, One Park Lane, Leeds, West Yorkshire, LS3 1EP, Web address: https://www.transunion.co.uk/consumer/consumer-enquiries

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Creditsafe https://www.creditsafe.com/gb/en.html  Post: 19 Eastbourne Terrace, Paddington, London, W2 6LG
Tel: 0203 626 0062

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Debt Recovery & Legal & Compliance Partners: 

SAS Daniels LLP www.sasdaniels.co.uk 

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OUR REGISTERED OFFICE:

 

ICI Architecture Studio Registered Office is at: ​

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ICI Architecture Studio
Grosvenor House 
3 Chapel Street
Congleton
Cheshire

CW12 4AB

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TERMS OF APPOINTMENT & TERMS OF SERVICE:

 

Definitions and Interpretation:

 

Letter of Appointment means the letter of appointment to which these conditions are annexed.

 

Other Persons means any person, company or firm, other that the Consultant ‘ICI Architecture Studio’ or any sub consultant, of the Consultant, including but not limited to consultants, contractors, subcontractors, specialists, statutory bodies or undertakers, approving or adopting authorities, who have performed or will perform work or services in connection with the Project.

 

Project is defined in the letter of appointment.

 

Services mean the services to be performed by the Consultant specified in the schedule of Services annexed to the Letter of Appointment, which may be varied by agreement.

 

Where under this agreement an action is required within a specified period of days from a specified date, that period commences immediately after that date. The period includes Saturdays and Sundays but excludes any day tat is a public holiday.

 

The provisions of this agreement are without prejudice to the respective rights and obligations of the parties and continue in force for as a long as necessary to give effect to such rights and obligations.

 

This Agreement is subject to the law and the parties submit to the exclusive jurisdiction of the courts of England and Wales or Northern Ireland or Scotland as specified in the Letter of Appointment.

 

 

Consultants Services:

 

The Consultant shall exercise reasonable skill, care and diligence in accordance with the normal standards of the Consultants profession in performing the Services and discharging all the obligations under this Condition 2.

 

The consultant shall:

 

Perform the services with due regard to the Client’s requirements;

Advise on progress in the performance of the Services and of any issue that may materially affect the delivery, the cost or quality of the project;

 

(a) act on behalf of the Client in the matters set out or implied by this Agreement;

(b) if acting as Contract Administrator of a building contract, exercise impartial and independent judgement when dealing between the Client and the contractor;

 

Collaborate with any Other Persons appointed by the Client and, as applicable, shall coordinate and integrate information received into the Consultants work and shall pass relevant information to them;

 

Make no material alteration to the services or the approved design without the consent of the Client, except in an emergency.

 

The Consultant shall have the right to publish photographs of the project, and the Client shall reasonable access to the Project for this purpose for 2 years after practical completion of the construction works.

 

 

Client’s responsibilities:

 

The Client:

 

Shall advise the Consultant of the requirements and of any subsequent changes required;

 

Shall provide, free of charge, 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 Consultant shall be entitled to rely on such information.

 

Shall give decisions and approvals necessary for the performance of the Services;

 

May issue reasonable instruction to the Consultant.

 

The Client acknowledges that the Consultant does not warrant:

 

That planning permission and other approvals from third parties will be granted at all or, if granted will be granted in accordance with anticipated time-scale;

 

Compliance with any programme and / or target cost for the building work which may need to be reviewed for:

(a)variations requested by the Client;

(b) variation in market prices;

(C)delays caused by any factor beyond the control of the Consultant.

(d) the discovery at any time of previously unknown conditions;

 

The competence, performance, work, services, products or solvency of any Other Persons.

 

 

The Client shall:

 

Appoint and pay Other Persons required to perform work or services under separate agreements;

 

Hold the contractor or contractors and not the Consultant responsible for the proper carrying out and completion of construction works;

 

Not deal with the contractor or contractors directly or interfere with the Consultants duties or actions under the building contract.

 

Assignment

 

Neither the Consultant nor the Client shall at anytime assign the benefit of this Agreement or any rights arising under it without the prior written consent of the other, which consent shall not to be unreasonably withheld or delayed.

 

Fees & Expenses:

 

The fees for performance of the Services and/ or any additional services shall be calculated in accordance with the condition 5 and as specified in the Letter of Appointment.

 

The Basic Fee for performance of the Services shall be:

 

 

The specified percentage applied to the final cost of the building work; or

 

The separate percentages specified for each work stage applied to the approved cost of the building work at the end of the previous stage; or

 

 

The specified fixed lump sum or sums; or

 

Time charges ascertained by multiplying the time reasonably spent in the performance of the Services by the Specified hourly or daily rate for the relevant personnel. Time ‘reasonably spent’ includes the time spent in connection with he performance of the Services in traveling from and returning to the Consultant’s office; or

 

 

Any combination of these; and /or

 

Any other agreed method.

Where a percentage applies, the percentages are applied to the current approved estimate of the cost of the building works or the contract sum. The cost shall exclude VAT, fees and any claims made by or against the contractor or contractors.

 

Lump sums, rates for time charges, mileage and printing shall be revised every 12 months in accordance with changes in the Consumer Price Index. Each 12 month period commences on the anniversary of the date on which the Consultant commenced performance of the Services.

 

The Basic Fee:

 

Shall be adjusted, including due allowance for any loss and / or expense, if material changes are made to the Brief and / or the latest approved estimate of the cost of the building work and / or the programme and / or the Services are varied by agreement;

 

Shall not be adjusted for any reduction of the cost of the building works arising solely from deflationary market conditions not prevailing at the date of this Agreement. The Basic fee shall continue to be based on the approved cost of the building works current prior to the date of such reduction.

 

If the Consultant is involved in extra work or incurs extra expense for reasons beyond the Consultant’s reasonable control, additional fees shall be calculated on a time basis in accordance where:

 

The cost of any work, installation or equipment, for which the Consultant performs Services, is not included in the cost for the building work; and / or

 

The Consultant is required to vary any item of work commenced or completed or to provide a new design after the Client has authorised development of an approved design: and / or performance of the Services is delayed, disrupted or prolonged.

 

The consultant shall inform the Client on becoming aware that this condition 5.5 will apply. This condition 5.5 shall not apply where any change or extra work or expense arises from a breach of this Agreement by the Consultant.

 

The Client shall reimburse the Consultant for expense in the manner specified in the Letter of Appointment.

 

The Consultant shall maintain records of time spent on Services performed on a time basis and for any expenses and disbursements to be reimbursed at net cost. The Consultant shall make sure records available to the Client on reasonable request.

 

The Consultant shall issue accounts at intervals of not less than one month or as specified in the Letter of Appointment setting out any accrued instalments of the Basic Fee and any additional fees, expense, disbursements or VAT. Less any amounts previously paid and stating the basis of calculation of the amounts due.

 

Payment shall become due to the Consultant on the date of issue of the Consultants account. The final date for payment of any amount due to the Consultant shall be 14 days from the issue of the relevant account.

 

The Client shall inform the Consultant in writing, on or before the date when payment is due, if the client intends to withhold payment of any part of that amount stating the amount proposed to be withheld and the reason or reasons for doing so. If no notice is given the amount due shall be the amount stated as due in the account.

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If performance of any or all of the Services and / or other obligations is suspended or ended, the Consultant shall be entitled:

 

To payment of any part of the fee and other amounts properly due; together with

 

Reimbursement of any loss and / or expense properly and necessarily incurred by the Consultant by reason of the suspension or termination, except where the Consultant is in material or persistent breach of the obligations under the Agreement.

 

 

In the event of any amounts not paid when properly due to the payee shall be entitled to simple interest on such amounts under the date that payment is received at 8% over the dealing rate of the Bank of England Rate current at the date that the payment becomes overdue, together with such costs reasonably incurred by the payee (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due under this Agreement.

 

The Client or the Consultant shall pay to the other party who successfully pursues, resists or defends any claim or part of a claim brought by the other:

 

 

 

Such costs reasonably incurred including costs of time spent by principals, employees and advisors where the matter is resolved by negotiation or mediation; or

 

Such costs as may be determined by any tribunal to which the matter is referred.

 

 

In addition to the fees and expenses, the Client shall pay any Value Added Tax chargeable on the Consultants Fees and expenses.

 

Copyright License:

 

The Consultant shall own the copyright in the drawings and documents produced in performing the Services and generally asserts the Consultant’s moral rights to be identified as the author of such work.

 

Providing that all fees and / or other amounts properly due are paid, the Client shall have a license to copy and use and allow Other Persons providing services to the Project to copy and use the drawings and documents for purposes related to the construction of the Project or its subsequent use of sale but may not be used for reproduction of the design for any part of any extension of the Project or any other project. The Consultant shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared.

 

No part of the design by the Consultant may be registered by the Client without the written consent of the Consultant.

 

Liability and Insurance

 

No Action or proceedings arising from the failure of the Consultant to keep to this agreement shall be commenced after the expiry of six years from the date of the last Services performed under this Agreement or, if earlier, practical completion of construction of the Project or such earlier date as prescribed by law.

 

In any such action or proceedings;

 

The Consultant’s liability for loss or damage shall not exceed the amount of the Consultant’s professional indemnity insurance specified in the Letter of Appointment providing the Consultant has notified the insurers of relevant claim or claims as required by the terms of such insurance.

 

No employee of the Consultant or any agent of the Consultant shall be personally liable to the Client for any negligence, default or any other liability whatsoever from performance of the Services.

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The Consultant shall maintain until at least the expiry of the period specified in condition 7.1 professional indemnity insurance with a limit of indemnity no less that the amount or amounts specified in the Letter of Appointment, provided such insurance continues to be offered on commercially reasonable terms to the Consultant at the time when the insurance is taken out or renewed.

 

The Consultant, when reasonably requested by the Client, shall produce for inspection a brokers certificate confirming that such insurance has been obtained and / or is being maintained.

 

Nothing in this agreement confers or is intended to confer any right to enforce any of its terms on any person who is not party to it, other than the lawful assignees.

 

Suspension or Termination:

 

The Client may suspend or end performance of the Services and other obligations by giving at least 7 days written notice and stating the reason for doing so.

 

The Consultant may suspend or end performance of the Services and other obligations by giving at least 7 days written notice and stating the reason for doing so. Such reasons include, but not are limited to, the Client’s failure to pay any fees or other amounts due by date when payment is due.

 

If the reason for a notice of suspension arises from default:

 

Which is remedied, the consultant shall resume, performance of the Services and other obligations within a reasonable period; or

Which is not remedied by the defaulting party, the agreement will end by giving at least 7 days further written notice.

 

Where Services are suspended by the Client and not resumed within 3 months, the Consultant has the right to treat performance of the Services affected as ended on giving at least 7 days further written notice to the Client.

 

Dispute Resolution

 

In the event of any dispute or difference arising under the Agreement, the parties, may:

 

Attempt to settle the matter by negotiation or mediation; or

 

Start court proceedings to settle the dispute at anytime; or

 

 

Have disputes decided within 21 days by an adjudicator

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If appointed, the Adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator, in accordance with the provisions of condition 5.13

 

 

 

COLLECTIONS & DEBT MANAGEMENT: 

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Late Payment Formal Process:

In the event of a late payment (Max 30 days from invoice) we will attempt to contact our clients to notify them of our outstanding invoice and to find out the reason for late payment in some cases it can be simply they have forgotten, or its got buried! which is no issue at all. 

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In cases where clients choose not to inform us or contact us when asked to do so. We will proceed with our more formal approach. 

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We will charge interest at 8% plus the Bank of England Base rate on any outstanding balances due.

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In addition to our charges from our interest rates we will charge for our debt recovery fees which can range from £40-£100.

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We also charge administration fees for each additional attempt made at £40.00 (Initial Contact is Free)

 

Should it become necessary for us to appoint Solicitors and/or debt recovery agents to recover any unpaid invoices, you will be liable to pay all costs, fees, disbursements and any other charges including legal fees and costs reasonably incurred by us during the recovery process for any unpaid invoices, regardless of the amount of our claim.

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