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Our Terms of Service
Our General Terms of Business are set out below and apply to all planning consultancy work being undertaken by the practice. We publish this information freely to ensure that everyone is aware.
Please find as set out below our terms of business.
1. General Conditions
1.1 All engagements accepted by Town Planning Expert are subject to the following terms of engagement except where changes are expressly agreed in writing.
1.2 We will observe the byelaws, regulations and ethical guidelines of the Royal Town Planning Institute and accept instructions to act for you on the basis that we will in accordance with those guidelines. Copies of the RTPIs Code of Professional Conduct are available from the RTPIs website www.rtpi.org.uk
1.3 All fees and charges submitted by other specialists sub-contracted by prior agreement with the client shall be the responsibility of and payable by the client.
1.4 Every care will be taken when carrying out client instructions. No responsibility is accepted for errors or matters beyond our reasonable control.
1.5 The practice shall not sub-contract any part of the commission without first receiving approval in writing from the client with a clear understanding of responsibilities.
2. Client Monies
2.1 We may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account.
3.1 Our fees are calculated on the basis of the time spent on your affairs by the principals and staff, and on the level of skill and responsibility involved. Our fee’s are fixed at the point of engagement and are not negotiable.
3.2 The following costs are normally added to fee accounts as disbursements;
Ordnance Survey maps
Pre-application fees charged by a local authority
Planning application fees charged by the local authority
Mileage from the consultants base to the site.
3.3 Invoices will be submitted on a monthly basis or as otherwise agreed with you and must be paid in full within 14 days of the date of each invoice. We reserve the right to charge interest on any amounts owing at 5% above Bank of England base rate. We reserve the right to suspend work on projects where accounts are outstanding after 42 days, other than by prior agreement.
3.4 If it is necessary to carry out additional work outside of the agreed brief then this work will involve additional fees. We will provide an estimate of such fees before commencing additional work.
3.5 In the case of a pre-application submission, planning application or planning appeal, fees must be paid in full by the client before the submission date of the appeal.
3.6 Any delay in receiving information, changes in Client’s instruction or any matter outside our control which leads to additional work may result in an additional fee.
4. Limitation of liability
4.1 We will endeavour to provide professional services with reasonable care and skill. However we will not be held responsible for any losses arising from the supply by you or others of incorrect of incomplete information, or a failure of you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or relevant authorities.
5.1. This contract is subject to the Laws and Statutes of England and Wales
6.1. Any concerns over the level of service received should be dealt with in the first instance by the principle of the practice (Jonathan McDermott).
7. Acceptance of Terms
7.1. Instruction to proceed with work or services, acceptance of an estimate, acceptance and payment in whole or in part of an invoice and/or instruction to proceed with further works outside of an existing engagement constitutes acceptance of these terms of business.