Terms and Conditions
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- The Terms
- By engaging our services, you acknowledge and consent to Green Code Holdings being engaged under the premise that we will fulfill all services as agreed upon.
- Unless otherwise agreed in writing, these standard terms shall apply to any and all future engagements you initiate with us. Your ongoing engagement with our services will be interpreted as your acceptance of these standard terms and conditions of our business’s. Any fee quotation provided will remain open for a period of 60 days, after which we reserve the right to amend them to reflect current market conditions
- The herein stated General Company Terms and Conditions form the basis of our contractual agreement. However, it should be noted that not all terms may be applicable to your specific agreement as detailed in your fee proposal. These terms and conditions go hand in hand with any other terms applicable to you.
- By consenting to these terms and conditions, you are also agreeing to allow our subsidiary companies to perform any necessary tasks to fulfill the agreed-upon services.
- All Subsidiary Companies have their own Insurance as necessary and a copy can be requested.
- Architectural Services
- Undertaken by Green Code Architects (GCA) or F line Designs Ltd dependent on your project brief and scale.
- Accuracy of Drawings: While we strive to ensure the accuracy of any drawings we provide, it is crucial that you, or your designated contractors, verify all drawings and measurements on-site before starting any construction work. We cannot be held responsible for any discrepancies discovered after the commencement of work.
- Measurement Accuracy: We utilise laser scanners known for their precision, with a standard tolerance of 25mm and 50mm for slanted external walls. However, some measurements may be based on estimations, particularly in areas with restricted access. We are not liable for inaccuracies in these instances. Should you find any discrepancies, it’s important to inform us immediately.
- Collaboration with Other Professionals: When our services are rendered in conjunction with other professionals you’ve hired, it’s your duty to make sure all pertinent information they possess is shared with us without delay. We will not be held accountable for any inaccuracies in the information provided by these professionals.
- Updates to Provided Information: We are not obligated to revise or update any information, reports, or materials once they have been delivered to you, even if new developments occur afterward.
- External Dependencies and Program Adherence: We cannot guarantee strict adherence to any schedule or program, especially when it involves external entities such as consultants, local authorities, regulatory bodies, specialists, manufacturers, etc.
- Planning and Design Variance: There may be instances where your specific requirements differ from local planning or design policies, necessitating amendments post-submission to the local authority. Any amendments within the same application will incur no additional charge, but a new application will require a separate fee, which will be quoted at that time.
- Submission of Supporting Documents: As local authorities increasingly demand more supporting documentation for planning applications, we cannot guarantee that all necessary documents will be known or available at the time of submission. While we will coordinate with other consultants to gather required documentation, we cannot be held responsible for the duration or extent of this process.
- Structural Services
- Green Code Engineering Ltd (GCE) (subsidiary to Green Code Holdings Ltd) provides all structural services.
- Services: Structural Drawings and Calculations
- The Structural Engineer’s design work will consist of the following items for the Building Control approval (Structural Engineering Services, provide
design package for approval under Building Regulations – Part A (structure)
- Structural Design Drawing / Sketch/Details of the proposed configuration of structural elements
- Structural Calculations of the required elements of structure relevant to the design (not piled foundation)
- Drawing of Party Wall Section where applicable and requested by such surveyor
- There will be Additional fee if piled foundation is required and if you will need underpinning
- The Structural Engineer’s design work will consist of the following items for the Building Control approval (Structural Engineering Services, provide
- Services: Visits and Reports:
- GCE Provides, one off site inspections, GSI and SSI Reports and Building Survey Reports signed off by AssocRICS Surveyor.
- Reports will be based on a visual non-intrusive examination of the property.
- The inspection will not involve any destructive testing or removal of the floorboards, floor, wall coverings or investigation of other inaccessible items. We are therefore unable to confirm that such areas are free from defects at this time.
- Prior communication will be had If it is determined that a more intrusive investigation is required. This will be communicated and should be facilitated by the client with a chosen contractor.
- Non-structural matters such as drainage, dampness, services, rot, or infestation are outside the scope of this report unless otherwise mentioned.
- Our report will be limited in its scope to this task. We will have not inspected parts or problems that are not relevant to this request.
- The report will be prepared in accordance with the addressee’s request and therefore any liabilities which may arise are restricted to the addressee.
- 1 site visit included before producing the report (travel time to/from site included)
- Any additional site visits will be charged at £360.00 + VAT
- The structural engineer is not responsible for: drainage design, underpinning, temporary works design, sequencing of works, method statements, and temporary stability of building and those adjacent, water proofing, works carried out prior to receiving Building Regulations approval, other Party Wall agreements that the client has in place with third parties
- Upon request and at an additional fee the structural engineer can be responsible for: input for Party Wall agreements additional to Building Regs Package, below ground drainage design, Water Authority build over / connections application, external works on an additional fee.
- We will not inspect parts of the structure which are covered, unexposed or inaccessible. Should there be further structural engineering services required
after the agreed work is completed, we will carry out these on an additional fee to be agreed with the client.
- Consultants Services
- Green Code Consultants Ltd (GCC) (subsidiary to Green Code Holdings Ltd) provides third party reports including basement impact assessments, Flood Risk Assessments, Planning Statements, Party Wall Services and other specialised consultant services.
- The terms and conditions of any subsidiary companies must be followed for services provided by them
- GCC may subcontract certain reports to other companies if it is unable to provide the required services directly.
- GCC shall use reasonable endeavours to deliver the services and any deliverables to the Client within the timelines agreed between the parties or, if no timelines are agreed, within a reasonable period of time.
- GCC shall deliver any reports or other deliverables to the Client in electronic format unless otherwise agreed in writing.
- Additional Services. GCC shall be entitled to charge additional fees for any services which are beyond the scope of the Services or are requested by the Client in addition to the Services. The standard rates at the time of performing the additional services shall apply.
- Ownership of materials developed. Unless otherwise agreed, GCC shall own all intellectual property rights in any materials or deliverables developed by us as part of the services.
- Introduction to Third Partys
- As part of our Design services, we might suggest engaging with external experts, including building contractors and specialised consultants should Green Code not be able to do so. Occasionally, we may receive a referral fee for these recommendations; however, this fee will not be an additional cost to you.
- Our referral of any third party does not imply an endorsement of their suitability or the quality of their work. It remains your responsibility to select a third party based on your own careful investigation and due diligence. We shall not be held responsible for any losses or damages that may arise from the services or actions, or inactions, of any third party we recommend.
- Client Responsibilities:
- Accuracy of Provided Measurements: When we do not perform an on-site inspection of your property, it is your duty to ensure that any measurements you give us are precise and accurate. We are not liable for any errors in the measurements provided by you or any third party acting under your direction. If your project advances to the construction phase, it is essential for your chosen contractors to conduct a comprehensive site survey to verify measurements and discuss your specific needs.
- Service Modifications: Should you desire to modify the services you have requested, such as upgrading your package or altering a planning permission application after its submission, please reach out to us. We will inform you about the feasibility of the change, any additional costs, altered timelines, or other necessary adjustments, and we will seek your confirmation before proceeding with the requested modifications.
- Decision-Making and Instructions: It is crucial that you provide all decisions, instructions, consents, or approvals required for the execution of services as outlined in our fee proposal.
- Third-Party Fees: You are responsible for any third-party fees, and you must comply with the payment terms agreed upon with those third parties. We will inform you of such fees when relevant to the work stage.
- Impact of Late Payments: Delays in fee payments may lead to delays in the progress of information related to projects. We reserve the right to halt progression to the next stage of a project if fees for previous stages remain unpaid.
- Limitations on Cancellation Rights: You lose the right to cancel your service order without penalty if the services have been fully provided, even if the cancellation period has not expired. This means you cannot change your mind once the service is complete and/or started, regardless of the cancellation period. Should your project no longer be required, we reserve the right to update our fees at a time charged basis of services completed up to the date of cancellation inclusive of admin fees.
- Cancellation Policy: If you decide to cancel the scheduled site visit and/or survey within 48 hours of its arrangement, you will not qualify for a refund for this service. This policy remains applicable regardless of whether you have settled your invoice and our terms Section 8.
- Copyright and License Terms
- Ownership of Materials: The Company retains copyright over all drawings, documents, and electronic materials produced during the provision of services, regardless of whether fees have been paid.
- License Grant: The Client is granted a license to utilize the drawings solely for purposes associated with this specific project, conditional upon the full settlement of all fees and dues, such as Planning Drawings to only be used for submission to planning.
- Usage Restrictions: The license permits the Client to use the drawings exclusively for their designated purpose. For example, drawings created for a planning application are intended solely for that use and must not be employed for construction purposes.
- Non-Transferability: Drawings crafted for one client are bespoke and cannot be transferred or reused for another client.
- Ownership: The Architect maintains ownership of all Computer-Aided Design (CAD) files and Revit files, which will not be made available to the Client.
- Payment shall become due on submission of the invoice thereafter and the final date for payment shall be 7 days.
- Company Payment Milestones are 50% Advanced Payment prior to Project Starting and the 50% Remaining prior to any release of documents or Submission of applications. These Payment Milestones apply unless otherwise agreed in writing.
- Any Fee Proposal under £1,000 + VAT to be paid in full.
- We will not submit any planning application until the fee for preparation and advice of planning submission has been paid in full.
- We will not submit applications for building regulation approval until the fee for all stages up to building regulation drawings are to be paid in full
- We will not release any reports or other schedules, specifications or documents on any project until the relevant dee associated with the production of the report is
paid in full.
- Our hourly rates
○ Director: £135 per hour
○ Architects, Architectural Technologists: £95 per hour
○ Structural Engineers: £105 per hour
○ Architectural Assistants: £80 per hour
- If the invoice is not paid within the period stated on the invoice 14 days from delivery date. Interest shall be added to all amounts remaining unpaid. Any overdue payment interest will be charged from the day after the last day of the agreed payment date. Our interest rate is 8% plus the Bank of England base rate.
- We would also reserve the right to place any debt into the hands of a debt recovery agency following failure to pay within the specified period.
- Green Code reserves the right not to continue with Services for the next stage of the project until the fee for the previous stage of the project has been paid by the Client.
- Any Third Party Reports done through Green Code as a subcontractor (these also include Planning Submission Fees and Building Control a 5% Administration Fee will apply on all fees to cover any administration, communication and follow ups with the agreed Third Party.
- Suspending the Agreement:
- The Client or Green Code Holdings (or any of its subsidiary’s) can suspend or end performance of any or all of the Services by giving at least 7 days’ written notice of the intention and stating the reason for doing so.
- If the reason for the notice arises from a default and the recipient does not remedy the matter, the agreement will end on expiry of the notice period.
- In the event of a dispute or difference arising under this Appointment, this should be in writing. We hope we shall be able to settle the matter by negotiation or mediation. Alternatively, either of us can start court proceedings to settle the dispute at any time. The parties shall attempt in good faith to settle any dispute of mediation.
- Should there be any concerns regarding the Services which cannot be addressed by the Client’s regular point of contact at Green Code, the Client is advised to escalate the issue by submitting it in writing to the company director at firstname.lastname@example.org. A detailed outline of our complaint handling process is available upon request.