12th May 2018 DT-Admin

Terms & Conditions

Terms & Conditions

  1. General
    1. Daintree Design is the trading name of Daintree Consulting Ltd.
    2. Registered office, Preston Park House, South Road, Brighton, BN1 6SB.
    3. Registered in England and Wales. Company number: 9899416
  1. Appointment
    1. The Appointment commences from the date that the Client confirms agreement to the ‘Proposed Fee Schedule’ by means of the online form, by email or letter, as well as, making payment of any deposit so required by the ‘Proposed Fee Agreement’.
    2. The Client acknowledges that the Appointment is subject to these Terms and Conditions.
    3. These standard Terms and Conditions apply where there is no other contract or special conditions in place.
    4. The Appointment may be subject to re-negotiation should the scope of the project increase beyond that as described within the ‘Proposed Fee Schedule’.
    5. The Appointment may be subject to re-negotiation should additional design consultants be appointed by the Client.
    6. If the Client does not appoint Daintree Design for services on site, Daintree Design is not able to ensure any Contractor appointed by the client follows the design as signed off and paid for by the Client.
  1. Our Obligations
    1. Daintree Design shall exercise reasonable skills, care and diligence in the performance of the procured Services as laid out in the ‘Proposed Fee Schedule’.
    2. All requests to the Client for information, assistance or decisions will be made in a timely fashion.
    3. Daintree Design shall use reasonable endeavours to perform the Services in accordance with any programme agreed.
    4. In the event the Client requests a variation to the Services, Daintree Design shall notify all relevant parties as soon as is reasonable of any impact on the cost or programme of the Services.
  1. Client Obligations
    1. The Client shall supply to Daintree Design without charge and in such time so not to delay or disrupt the Services provided by Daintree Design all necessary data and information to enable Daintree Design to provide the Services procured.
    2. The Client shall ensure that their decisions, instructions, consent or approval on or to all matters referred to them shall be given in reasonable time to not delay or disrupt the Services provided by Daintree Design.
    3. The Client acknowledges that Daintree Design does not warrant that Planning, Building Regulations or any third party permissions or approvals will be granted, or granted within any anticipated timescale.
    4. The Client acknowledges that Daintree Design does not warrant the competence, performance, workmanship, services, products, accuracy or solvency of any Other Parties.
  1. Intellectual Property (IP)
    1. All drawings, designs, documents and materials -“Intellectual Property”, prepared by Daintree Design are automatically protected under copyright for artistic works and remain in the ownership of Daintree Design.
    2. The Client will have a licence to use the IP only for the purposes for which it was prepared subject to Daintree Design always having had full payment for the Services in accordance with the ‘Proposed Fee Schedule’ and any subsequent additional services agreed.
    3. Daintree Design is not liable for use of the materials for any purpose other than the purpose for which it was prepared by Daintree Design.
    4. Original, editable files or raw data are not made available unless expressly part of the agreed contract and remain the intellectual property of Daintree Design.
  1. In-house Personnel
    1. All in-house personnel appointed by Daintree Design for Architectural design, drawing or consultancy purposes will be considered agents, employees or sub-consultants of Daintree Design.
    2. Daintree Design assumes responsibility for the actions of all such in-house personnel while performing the Services procured by the Client.
    3. Daintree Design will assume responsibility for the payment of all such in-house personnel.
    4. Daintree Design will ensure that its agents, employees or sub-consultants will at all times comply with security and safety regulations which are in force or which are generally or specifically imposed by the Client from time to time and that its employees and subcontractors will comply with all statutory site requirements.
    5. All such in-house agents, employees or sub-consultants will not be considered agents, employees or sub-consultants of the Client for any purpose whatsoever unless those agents, employees or sub-consultants have been appointed directly by the client. 
  1. Deposit
    1. The Deposit payment as detailed in the ‘Proposed Fee Agreement’ is to be made prior to any work or services being provided by Daintree Design to the Client.
    2. The deposit sum is held on account throughout each stage of work and is deducted from the final invoice of the final stage procured.
    3. In the event of termination of the Appointment, the Client acknowledges that Daintree Design may use the deposit sum, in part or in full, to pay for work or services already carried out or as a contribution towards any fees outstanding or owed.
  1. Payment
    1. Payment to Daintree Design shall become due two days after the date of the invoice and Payment in full shall be received within 14 Days from the date of the invoice unless otherwise agreed in writing.
    2. Payment of Fees will be paid in full by the Client to Daintree Design for the performance of the Services as laid out in the agreed ‘Proposed Fee Schedule’.
    3. Legal action will be taken to recover debts in excess of 42 days. All fees accrued and costs associated with the debt recovery shall be paid by the client.
    4. Relating to clause 12.3 abortive fees will be calculated using hourly rates outlined within the ‘Proposed Fee Schedule’ for the project.
    5. Payment by cheque will be subject to a £5 administration charge.
  1. VAT
    1. All services are quoted exclusive of Value Added Tax which should be accounted for in addition to those quoted figures at the prevailing rate at the time.
    2. Daintree Consulting Ltd is registered for VAT under number 379 1846 48. 
  1. Notice of Withholding
    1. The Client may not withhold any payment after the final date for payment, 14 days after the invoice date, unless a Notice of Withholding with the amount proposed to be withheld and the grounds for withholding payment is submitted, not later than 7 days before the final date of payment.
  1. Insurance and Liabilities
    1. Daintree Design will maintain professional indemnity insurance in an amount not less than ten times that of the value of the Services/ works being provided.
    2. Save in respect of death or personal injury the Client shall look only to Daintree Design and not to any individual member of staff for redress if the Client considers there has been any breach of the Appointment. The Client agrees not to pursue and claims contract, tort (including negligence) against any employee as a result of them carrying out the Services.
    3. Daintree Design’s liability shall be further limited to such sum as Daintree Design ought reasonably to pay having regard to our responsibility for the loss and damage suffered on the assumption that any other consultants, contractors and subcontractors who also have a liability to the Client shall be deemed to have provided contractual undertakings on terms no less onerous and paid such proposition of loss and damage which would be just and equitable for them to pay having regarding to the extent of their responsibility.
    4. In the event that any claims, demands or proceedings are advanced by any person against Daintree Design under or in connection with this Appointment which results in Daintree Design paying any amount in excess of the limit of our liability the Client shall indemnify and hold Daintree Design harmless in respect of any and all amounts in excess of the limit of our liability.
    5. When reasonably requested to do so Daintree Design shall produce certificates to show insurance cover is being maintained. 
  1. Termination
    1. Either party might terminate the Appointment by providing written Notice not less than 14 days to the other party, served by recorded delivery or by email specifying the default.
    2. In the event of the failure of the Client to make payment properly due to Daintree Design in accordance with the provisions of the Terms and Conditions Daintree Design may cease work immediately and terminate the Appointment with 14 days’ notice.
    3. In the event the Appointment is terminated by the Client for any reason whatsoever, Daintree Design is entitled to be paid for all Services performed up to the date of termination not yet paid for and any associated expenses incurred.
    4. In the event of termination of the Appointment, the Client acknowledges that Daintree Design may use the deposit sum, in part or in full, to pay for work or services already carried out or as a contribution towards any fees outstanding or owed.
  1. Dispute Resolution
    1. The parties shall attempt in good faith to settle any dispute by mediation.
    2. Either party can refer a dispute to adjudication in accordance with the Construction Industry Council Model Adjudication Procedure.