Terms and Conditions

1. Definitions

1.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings;

a. “Architectural Consultant” – term used to refer to Libre Solutions
b. “Client” – term used to refer to person(s) named within the Quotation
c. “Fees” – term used to refer to the Overall Quoted Fee
d. “Payment Schedule” – term used to refer to the payment schedule providing in Quotation
e. “We/Us/Our” – term used to refer to Libre Solutions
f. “You/Your” – term used to refer to person(s) named within the Quotation
g. “Services” – term used to refer to the services specified within the Quotation
h. “Works” – term used to refer to any materials We create in the course of providing the Services outlined within the quotation (including any additional Services) including but not limited to, sketches, designs, plans, artists’ impressions, renderings models and all written documents;

2. Information About Us

2.1 We are a Private Limited Liability Company
2.2 We are incorporated in England & Wales with the United Kingdom Registrar of Companies under Company Number 05762229.
2.3 Our Registered Office is at Lawley House, Butt Road, Colchester, CO3 3DG
2.4 Our trading address is Lawley House, Butt Road, Colchester, CO3 3DG
2.5 Our VAT Number is GB 231 937 018
2.6 Our main contact e-mail is sales@libresolutions.co.uk

3. Data Protection

3.1 All personal data that the Architectural Consultant may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Your rights under the GDPR.
3.2 Additional details of our data protection policies are available upon request.

4. Services

4.1 We shall provide the services as detailed within our formal quotation and provide any other services which are reasonably incidental thereto. Furthermore, we shall comply with any reasonable instructions given in writing by you in relation to the project.

5. Quotation Validity

5.1 The prices stated within this quotation is valid for three months from the Quotation Date. If you wish to proceed with the quotation after the expiry of this quote, then please contact Us to arrange for an updated quotation to be provided.

6. Liability

6.1 The client accepts that the engagement specifically excludes any personal liability of any members of Libre Solutions.
6.2 Our limit of liability shall cease 3 years after the completion of the Services, or if sooner, 3 years after termination of the Services in relation to the Project. Our total liability to you whether in contract, tort (excluding death and personal injury), breach of statutory duty or otherwise shall not exceed the lesser of;
6.2.1 The Fee; or
6.2.2 An amount equal to the proportion of the loss or damage suffered by you which is caused by our negligence or breach of contract calculated on the assumption that any other consultants and/or contactors and/or sub-contractors engaged in relation to the Project have provided contractual undertakings on terms no less onerous than us in respect of the respective services of work and shall be deemed to have paid you the contribution for which each of them would have been liable pursuant to those undertakings; or
6.2.3 The amount recoverable under our professional indemnity insurance

7. Duty of Care

7.1 In carrying out the services we shall exercise the degree of skill and care reasonably expected of an experienced consultant undertaking the services in relation to projects of a similar size and scope to the Project.

8. Provision of our Plans

8.1 All plans produced by Libre Solutions are solely to be used for the purposes in which they have been created, and are only for the named Client. Whilst your nominated building contractor may choose to utilise the information produced within these drawings for estimation or quotation purposes, they do so at their own risk. At no point whatsoever, will We be held liable for discrepancies found within any build phase of this project.

9. Copyright

9.1 We will own (and retain) all intellectual property rights (at all times throughout the world) in the Our Works created in the course of performing the Services, subject to Our right to assign and/or licence the same in the future.
9.2 We will assert all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988.
9.3 If You wish to use any of Our Works for any purposes outside of the scope of the Project, You must obtain Our express written consent, such consent not to be unreasonably withheld.
9.4 Where any payments due under the Agreement are overdue by a period exceeding thirty (30) days, We will have the right, exercisable by written notice to You, to suspend any licences granted under this Clause 13 until all such payments are paid in full.
9.5 All of Our Works may be used by Us for any other purposes including, but not limited to, advertising and marketing, except where Our Works incorporate any intellectual property rights belonging to You. In such cases, We will either create a version of the affected work which does not incorporate Your intellectual property rights or We will enter into good faith negotiations with You in order to agree upon mutually acceptable terms for the use and/or licence of such intellectual property rights.

10. Professional Indemnity Insurance

10.1 We confirm that We have in place professional indemnity insurance and shall use our reasonable endeavours to maintain such insurance for a period up to 3 years after completion of the Services, or if sooner, 3 years after termination of the Services in respect of the Project, provided such insurance remains available on commercially reasonable rates, terms and conditions.
10.2 Our insurance is currently covered up to £10,000,000 for each and every claim.

11. Planning Permission

11.1 The granting of Planning Permission is beyond the control of the Architectural Consultant and no guarantee that Planning Permission or Certificate of Lawfulness will be obtained. This is even the case, where an informal opinion of a Planning Officer has been provided upon a planning application.

12. Building Regulations

12. 1 Our Building Regulation drawings are provided for the purpose of obtaining Building Regulation Plan Approval consent. These are not full tender drawings which will be subject to additional works by Us if requested by the Client. These drawings are created in accordance with the plans that permission has been obtained. Any alterations to these designs requested by the Client after the approval of the Planning Drawings will be considered a variation and as such charged at our standard hourly rate as identified in Section 18.

13. Discharge of Conditions

13. 1 In some instances, planning permission maybe granted subject to conditions which require additional information to be submitted to the Local Authority for approval. Where this is the case, We reserve the right to charge at our standard hourly rate as identified in Clause 17 to cover any additional work required for these conditions. Any External Consultant Fees or Local Authority Fees required in relation to these conditions is in addition to Our Fees.

14. Third Party Consultants/Contractors

14.1 Where necessary and appropriate, You may appoint third party consultants to perform other services for the Project. Our consent will not be required unless the services provided by such third parties are likely at any time to duplicate, overlap, or in any other manner interfere with the Services We are providing.
14.2 Where required, We will recommend a suitable Consultant however the Client will be responsible for directly engaging the services of such Consultants and be responsible for the settlement of any fees associated with the Consultants’ work.
14.3 If You appoint any consultant to carry out work or provide services in connection with the Project You must ensure, through the contractual terms You agree with them, that:
14.3.1 the consultant is solely responsible for the delivery of the relevant work or services;
14.3.2 the consultant is required to cooperate fully with Us and to provide all the information We need to provide the Services and to comply with these Terms and Conditions and the Agreement.
14.4 We may, from time to time, identify certain parts of the Project which require the services of a third-party specialist. In such cases, We will inform You of the need for such a specialist and You must appoint the specialist.
14.5 We will not be a party to any such contracts and We shall not be held responsible if You choose not to accept or appoint the third-party specialist.
14.6 You must keep Us fully informed of all third-party consultants appointed to the Project.
14.7 You give Your consent to Our coordinating the activities and services of any third-party consultants where this is necessary for the smooth running of the Project and We agree to observe any restriction You may place on Us in doing this.

15. Payment of Fees

15.1 We will assess Fees, Additional Fees and Disbursements due at the end of each of the Stages.
15.2 All Fees, Additional Fees and Disbursements You must pay to Us will be detailed in the Agreement.
15.3 We will invoice You in accordance with the Payment Schedule. We shall not be obligated to issue any invoice to any person or third-party other than to You directly.
15.4 The Fees, Additional Fees and Disbursements are exclusive of VAT which will be added to the invoice as We are required by law. If the rate of VAT changes, We will adjust the amount of VAT that You must pay.
15.5 You must pay any invoice, only from a bank account held in Your name, within seven (7) days of receiving it or within such time period as explicitly stated on Our invoice or as otherwise agreed.
15.6 We accept the following methods of payment:
15.6.1 Cheque drawn on a bank in the United Kingdom;
15.6.2 Direct credit bank transfer;

16. Lump Sum Fees

16. 1 These fees have been set out within the Quotation above. The payment of these fees have been set out within the Payment Schedule.

17. Time Charge Fees

17. 1 Where additional work is required, that is outside the scope of works set out within the Project Brief, our standard hourly time charged depending on person carrying out works, as per table within payment terms section, + VAT will apply.
17. 2 This will also be charged if additional drawings are required for any Contractors/Sub-contractors.

18. Expenses and Disbursements

18. 1 We will maintain a record of all disbursements and expenses and will make this record available to You where a reasonable request is received in writing.

19. Interest

19.1 If You do not pay an invoice by the due date, We may charge You interest on the overdue sum (and any reasonable costs We have incurred in recovering any unpaid sum or sums) at the rate of eight (8) percent per annum above the base rate of the Bank of England until payment in full is made.
19.2 Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
19.3 We may also charge You an administration fee (“Late Payment Surcharge”) every fourteen (14) days for chasing any sum or sums that remain unpaid to cover the costs of Our time spent. The Late Payment Surcharge shall be:
19.3.1 £75.00 for unpaid sums of £999.99 or less,
19.3.2 £150.00 for unpaid sums between £1000 and £9999.99, and
19.3.3 £225.00 for unpaid sums of £10,000 and above.

20. Non-Payment of Fees

20.1 In the event that fees are not paid within three (3) months of the invoice date, and subject to a written warning, We will commence a claim in the Small Claims Court for recovery of the fees and expenses.
20.2 In this event, the claim will be for the amount of fees invoiced together with expenses, legal costs and any interest accrued in that time.
20.3 At no point, shall We submit plans/applications to a Local Authority without receipt of the fees highlighted in the relevant invoice.

21. Waiver of Colling Off Period

21.1 By signing the Quotation You request Us to commence provision of the Services immediately and not to wait for the 14 day cooling off period referred to in Clause 15 of the Terms and Conditions to expire.
21.2 You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 15 of the Terms and Conditions.
21.3 You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14-day cooling off period.

22. Suspension and Termination

22.1 The Agreement will commence on the Start Date and will continue from that date, unless terminated in accordance with this Clause 16, or until the Completion of Stage of the last Stage interval has been achieved.
22.2 You may terminate the Agreement by giving Us seven (7) days written notice at any time.
22.3 You may terminate the Agreement with immediate effect by giving Us written notice if:
22.3.1 We have breached the Agreement in any material way and have failed to remedy that breach within thirty (30) days of You asking Us in writing to do so;
22.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
22.3.3 We are unable to provide the Services due to an event outside of Our control (see Clause 18).
22.4 We may terminate the Agreement with immediate effect by giving You written notice if:
22.4.1 You fail to make a payment on time as required under Clause 8 (this does not affect Our right to charge interest on overdue sums under sub-Clause 10.7);
22.4.2 You have breached the Agreement in any material way and have failed to remedy that breach within thirty (30) days of Us asking You in writing to do so; or
22.4.3 We have been unable to provide the Services for more than four (4) weeks due to an event outside of Our control.
22.5 For the purposes of this Clause 16 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
22.6 If at the termination date:
22.6.1 You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
22.6.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment.

23. Site Commencement

23.1 At no point shall We become liable for any charges incurred due to the actions required by a third-party during or after our instruction.

24. Client Insurance

24.1 It is the Clients responsibility to establish whether new or altered insurance policies related to their home or the project is required for the works.
24.2 The cost of such insurance will be the Clients responsibility.

25. Communications (Phone/E-mail)

25.1 We may record all incoming and outgoing phone conversations with You and reserve the right to refer to records of these conversations if required.
25.2 Any email sent by You to Us, or by Us to You will be taken as a written instruction from one to the other.
25.3 The Information contained in email may be privileged and/or confidential. If you are not the intended recipient, use of this information (including disclosure, copying or distribution) may be unlawful, therefore please inform the sender and delete the message immediately.

26. Advertising and Marketing

26.1 We may erect suitable Site Signboards at the Property. Other promotional banners, boards, posters or similar will be permitted only with Your approval and express written consent.
26.2 We may take and use photographs of the Property (including, but not limited to, work relating to the Project) in Our promotional materials.
26.3 The copyright in any such photographs belongs exclusively to Us, subject to any contractual terms which may exist to the contrary between Us and a third party such as a photographer.

27. Health and Safety

27.1 The Client has certain duties and responsibilities under current Health and Safety Legislation.
27.2 We will advise You what Your duties include, but the responsibility for fulfilling those duties rest solely with You.
27.3 This includes any liability arising out of the failure to carry out such duties.