General Terms and Conditions
1. The law applicable to this Agreement shall be the law of England and Wales.
Services & Products
2. My Plans online may commence services upon receipt of all of the
A completed Project Confirmation Form.
Payment of the Clients Order.
All the information My Plans Online deems necessary in order to commence the agreed services.
3. The agreed products will be issued to the Client’s supplied email address in PDF format following payment of any balance owing. Printed paper copies are available for an extra charge of £15 per A1, £10 per A2, £6 per A3, £1 per A4 and will be posted following payment of the balance owning and delivered using Recorded Delivery.
4. My plans online will, following issue of their preliminary packages, carry out free of charge 2 further minor alterations requested within four weeks of issue of each package. Any further amendments, minor or major, or requested after two weeks of receipt of the agreed services will be completed on a time charge basis at the hourly rate of £60/hr with time recorded in 10 minute increments or part thereof.
5. My Plans Online will undertake work as agreed and any work produced will be suitable only for the following uses:
Feasibility Studies, Sketch Drawings & 3D images are for discussion purposes only.
Planning and/or Permitted Development Drawing Package including but not limited to Site Location Plans are for use as part of planning applications, lawful development certificate applications, and conservation area applications or listed building applications.
Design and Access Statements are for use as part of planning applications.
Building Regulation Drawing Package is for use as part of full plans building regulation applications.
Heritage Statements are for use as part of planning applications, conservation area applications or listed building applications.
6. The Client shall advise My Plans Online of the relative priorities of the Client’s requirements, and shall inform My Plans Online of any changes or variations to the Client’s requirements.
7. My Plans Online shall cooperate with any other designers and the Planning Supervisor if appointed, and as appropriate pass relevant information to them.
8. The Client shall, free of charge, supply My Plans Online with accurate information necessary for the proper and timely performance of the Services, and My Plans Online will rely on such information.
9. My Plans Online does not warrant results or outcomes beyond their control, specifically:
that the Services will be completed in accordance with any programme or timetable for the Project;
that planning and or listed building approval / conservation area consent / lawful development certificates or building regulations will be granted;
the performance, work or products of others;
the solvency of any other body appointed by the Client;
the value of returned construction tenders;
any aspect of the contractor, or sub contractor’s operational methods, techniques, sequences or procedures, nor for safety precautions in connection with the work, nor shall My Plans Online be responsible for any failure by the contractor to carry out and complete the work in accordance with the terms of any building contract between the Client and the appointed contractor.
10. The Client shall instruct the making of applications for planning permission and approval under building acts, regulations, agreements or awards under the party wall etc. act, and other statutory requirements, and applications for consent by freeholder’s and all others having an interest in the Project. The Client shall pay any statutory charges and fees, and any expenses and disbursements made in respect of such applications, except those specifically included within My Plans Online defined fee.
11. Once My plans Online accept the instruction, we cannot issue a refund as the works we carry out on your behalf are bespoke and unique to your property, our services carried out are not transferable to others and cannot be resold.
12. Where applicable, the Client shall comply with his obligations under the CDM Regulations, including the appointment of a competent Planning Supervisor as soon as practicable.
13. The Client shall appoint and pay any consultants and other persons as may be required under separate agreements.,
14. The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than My Plans Online, shall:
hold such person responsible for the competence and performance of their services and for visits to the site in connection with work undertaken by them; hold the Principal Contractor where applicable, and/or other contractors, responsible for their management and operational methods, for the proper carrying out and completion of the Works, and for health and safety provisions on the Site.
15. My Plans Online fees shall be calculated and charged as set out.
Additional fees and/or fees to ThirdParties
16. Additional fees shall be payable if My Plans Online, for reasons beyond their control, is involved in extra work or incurs extra expense, such as where:
the scope of the Services is varied by the Client;
it is necessary to vary any item of work commenced or completed due to the nature of the project or changes in interpretation, or enactment or of revisions to laws;
additional specialist and or third party details, calculations or reports are requested by statutory authority;
services by others are not provided or are delayed
Payments by Client
17. My Plans Online accounts shall be issued prior to commencement of any works and shall include any additional fees stated as being included within the proposed fee, expenses or disbursements and state the basis of calculation of the amounts due.
Payment on suspension or termination
18. If either the Client or My Plans Online suspends or terminates performance of the Services, My Plans Online shall be entitled to payment of any part of the fee or other amounts due at the date of suspension or termination.
19. Where the performance of the Services is suspended or terminated by the Client or suspended or terminated by My Plans Online because of a breach of the Agreement by the Client, My Plans Online shall be entitled to payment of all expenses and other costs necessarily incurred as a result of any suspension and any resumption or termination on issue of My Plans Online account.
20. My Plans Online owns the copyright in the work produced by them in performing the Services and generally asserts the right to be identified as the author of the artistic work/work of architecture comprising the Project.
21. The Client shall have a licence to copy and use and allow other consultants and contractors providing services to the Project to use and copy drawings, documents and bespoke software produced by My Plans Online in performing the Services, hereinafter called ‘the Material’ for purposes related to the Project on the Site or part oldie Site to which the design relates.
Such purposes include its operation, maintenance, repair, reinstatement, alteration, extending, promotion, leasing and/or sale but shall exclude the reproduction of My Plans Online design for any part of any extension of the Project and/or for any other project
Provided that: My Plans Online shall not be liable if the Material is used for any purpose other than that for which it was prepared;
Rights of ThirdParties
22. For the avoidance of doubt nothing in this Agreement shall confer or purport to confer on any third party any benefit or right to enforce any term of this Agreement.
Suspension and termination
23. Either the Client or My Plans Online may by giving reasonable notice to the other suspend or terminate performance of the whole or part of the Services. If the performance of any or all of the Services suspended is not resumed within 6 months My Plans Online may terminate the Appointment.