The following terms and conditions apply to all drawing development, planning and building regulation design and submission services provided by PlanExtend Limited to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client registers for a service option and makes a payment then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted these terms and conditions.
Charges for services to be provided by PlanExtend Limited are defined in the service plan options and within the quotation that the Client receives via e-mail. PlanExtend Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all design services require an advance payment to secure PlanExtend Limited services minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review, subject to selected services. A second stage payment and in some cases a third stage payment, will be required release of design documentation and materials.
Payment for second and third stage services will be required via telephone or bank transfer, whichever the client prefers. PlanExtend’s bank details will be made available on invoices. Cheques should be made payable to PlanExtend Limited and sent to Accounts, PlanExtend, 2 Poynton Wood Glade, Sheffield, S17 4NH.
3. Client Review
PlanExtend will provide the Client with several opportunities to review and approve the content of the design documentation during the design development stage and once the design documents are complete. Upon completion of the design work, such design documentation will be deemed to be accepted and approved unless the Client notifies PlanExtend Limited otherwise within ten (10) calendar days of the date the final release design documents are made available to the Client.
4. Turnaround Time and Client Design Input
PlanExtend Limited will provide completed design documents by the date specified in the service option proposal, or at a date agreed with Client upon PlanExtend Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by PlanExtend Limited. In return, the Client (or individual nominated by the client) agrees to act as a primary contact to aid PlanExtend Limited with progressing design development in a satisfactory and expedient manner. During the design process, PlanExtend Limited will require the Client to comment on and approve design proposals to enable decisions to be made and not delay the design development process.
5. Failure to provide required Client information:
To enable PlanExtend Limited to remain efficient we must ensure that work we have secured and programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed within the timescale agreed. This is why we ask that you provide all the required information in advance of our engagement. On any occasion where progress cannot be made with your design because we are not in receipt of the required information, and we are delayed as result, we reserve the right to impose a surcharge of up to 10%. If you agree to provide us with the required information and subsequently fail to do so within one week of a formal PlanExtend Limited reminder we reserve the right to close the project and the balance remaining becomes payable immediately.
Invoices will be provided by PlanExtend Limited upon completion of second and third design stages but before the Client is provided with the design drawings in high resolution and editable formats. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Payment of second and third stage invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a service charge in the amount of the higher of either twenty percent (20%) or £100 per month of the total amount due.
7. Additional Charges
The Client agrees to reimburse PlanExtend Limited for any additional charges for the completion of work where these charges have been agreed in advance and are the result of PlanExtend Limited providing the Client with a non-standard or bespoke service. Such services will be agreed in writing with the Client and be detailed on invoices.
8. Design Documentation & Programme Files
PlanExtend Limited issues completed design documentation to the Client in PDF, JPEG, MS Word and DWG format. These documents will be issued in the most recent release date format in each case. The Client agrees that PlanExtend Limited cannot guarantee functionality and compatibility across all software platforms and different operating systems. PlanExtend Limited cannot accept responsibility for documentation which does not display correctly or open in older versions of software and/or in outdated browsers. Should a Client require design documentation and material to be issued in a format not detailed above then this should be made clear at the time of initial Client registration.
Accounts unpaid thirty (30) days after the date of invoice for final payment will be considered in default. If the Client in default maintains any information or files on PlanExtend Limited’s web upload portal, PlanExtend Limited will, at its discretion, remove all such material. PlanExtend Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be subject to a return charge of £50 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay PlanExtend Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by PlanExtend Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice of cancellation. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed up to the date of receipt of such notice of cancellation and payment will be required in full within thirty (30) days of this date. On receipt of payment any design work partially completed will be provided to the Client.
All PlanExtend Limited services may be used for lawful purposes only. The Client agrees to indemnify and hold PlanExtend Limited harmless from any claims resulting from the use of our services that damages the Client or any other party.
The Client retains the copyright to design, photos, data and files provided by the Client, and grants PlanExtend Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party and issued to PlanExtend Limited. The Client is further responsible for granting PlanExtend Limited permission and rights for use of the same and agrees to indemnify and hold harmless PlanExtend Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Making an initial deposit payment shall be regarded as a guarantee by the Client to PlanExtend Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested on occasion.
13. Client Design Pack Information
Unless otherwise specified by the client at the time of service registration, this agreement assumes that any information provided PlanExtend Limited by the Client, in order to satisfy the requirements of the the Client Design Pack, will be provided by in the following in JPEG, PNG, GIF, TIFF, Word, PDF or DWG formats and that all photographs and other graphics will be provided physically/hard copy in a sufficiently high quality suitable for scanning. Although every reasonable attempt shall be made by PlanExtend Limited to return to the Client any hard copy images or printed material provided for use in design development, this cannot be guaranteed.
14. Design Credit
Reference to PlanExtend Limited will appear on all design documentation submitted to the Client which will take the form of a graphical logo and company contact details. The Client also agrees that the designs developed for the Client may be presented in PlanExtend Limited’s portfolio or used for on-line marketing. In the event that designs developed for the Client are used for marketing, PlanExtend Limited will make no reference to the Client by name nor disclose any address or contact details.
16. Post-Completion Alterations
PlanExtend Limited cannot accept responsibility for any alterations to design documentation caused by the Client or a third party once the completed documentation has been issued. Such alterations include, but are not limited to additions, modifications or deletions. PlanExtend Limited reserve the right to charge Clients on a case by case basis to rectify any post completion alterations caused by the client or a third party.
17. Planning Application Submission & Fees
PlanExtend Limited may complete and submit planning applications on behalf of the Client. Payment of the Planning Application Fee to the local Authority is the responsibility of the Client. PlanExtend Limited will provide the Client with a weblink to enable them to pay the directly. The Client’s failure to pay the Planning Application Fee is not the responsibility of PlanExtend Limited. The Client should keep a record of the fee payment to ensure that payment is received by the Local Authority and formally notify PlanExtend when payment has been made.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
PlanExtend Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or otherwise
cause in the production of the design documentation;
- Loss or damage to clients sketches, photos or other information
PlanExtend Limited design liability/limitations:
- All items, notes, dimensions, proposals and general design information contained within PlanExtend Limited design documentation are provided for guidance purposes only. A qualified and nominated person should be appointed by the Client to undertake a full and thorough assessment of any existing building or plot prior to the commencement of any works.
- The location of existing services should be determined and Building Regulations, British Standards and Codes of Practice should be adhered to at all times. Failure to do so will be at the liability of the client, contractors or builder and not PlanExtend Limited.
- PlanExtend Limited’s Client’s and their contractors or builder are advised that construction work should not be be undertaken using any drawing that is not clearly marked as ‘Building Control Approved’ or ‘Construction Issue’.
- PlanExtend Limited’s Client’s and their contractors or builder are advised that structural engineering drawings should be obtained and consulted prior to undertaking any works that may affect a buildings structural integrity.
The entire liability of PlanExtend Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the design services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.