LITTLE HOUSE DESIGN - TERMS AND CONDITIONS Dated: 30-03-2024 1.The Contract 1.1.A contract is made between Little House Design and the Client once you have confirmed in writing our appointment to provide the services as defined in the Design Proposal. 1.2.If you do not confirm in writing, then the point at which we begin execution of the services, as described in the Design Proposal is deemed acceptance of these terms. 1.3.These terms and conditions, together with the Design Proposal describing the scope of works, set out the agreement between us and you. 1.4.Before appointing us to provide the services you should read these terms and conditions carefully. 1.5.Where the Client has appointed or intends to appoint others to provide services for the Project, the client must inform the Designer as soon as possible and vice versa. 2.Payment 2.1.The Client shall pay the Designer the Fees, expenses, and disbursements as requested. 2.2.Payment to be made upon completion of Work Stages, one or more stages may be combined at the discretion of the Designer or separated out at request of the Client. 2.3.All Services included are stated in the Design Proposal. Any additional services will be charged at the hourly rate (to the nearest half hour) stated in the Design Proposal. 2.4.The final date for payment of any amount due to the Designer shall be 10 calendar days from the date of issue of an account, as stated on every invoice. 2.5.Any sums due and remaining unpaid at the expiry of 10 calendar days after the date of issue of an invoice from the Designer shall bear interest in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998, where the Act applies or otherwise at 8% over the Bank of England Base Rate current at the date of issue of the account. 2.6.If the Services are reduced for any reason a proportion of the fees will be due. 3.Communication and Behaviour 3.1.On the basis of trust and co-operation, both parties agree to inform the other of any necessary information reasonably expected to be made available in order for both parties to fulfil their duties under the agreement. 3.2.The Client and the Designer agree to work together in a spirit of mutual trust and co-operation. Either party shall advise the other promptly upon becoming aware of any need to vary the services, the fees or any other part of the agreement 3.3.The Client and the Designer agree to conduct their interactions and transactions with each other and any other parties involved or otherwise with the services provided in a manner free from prejudice, violence, intimidation, or fear. Both parties shall ensure a respectful and professional environment in all communications and engagements related to the services provided. Any behaviour or action that jeopardizes the safety, well-being, or dignity of either party shall not be tolerated and may result in immediate termination of the agreement. 4.CDM Regulations 4.1.The Client and the Designer shall comply with their respective obligations under the Construction, Design and Management (CDM) Regulations in relation to the Project. 5.Principle Designer 5.1.Under regulation 11D of The Building Regulations etc. (Amendment) (England) Regulations 2023 Duty Holder Roles are undertaken by Clients, Contractors and Designers. 5.2.It is the clients responsibility to familiarise themselves with this legislation and carry out their duties. 5.3.Little House Design will act as Principle Designer for the Design Stage of any project. 5.4.Only if there is express written agreement between the client and Little House Design will the company be acting as Principle Designer for the Construction Phase 6.Arbitration or Remediation 6.1.In the event of any fault or defect arising from or in the execution of our Services, we shall have the right to remedy where possible. 6.2.The Designer’s limit of liability and the amount of professional indemnity insurance to be provided in connection with the Agreement shall be a maximum of £1,000,000. 7.Permission for Use and Access 7.1.Access by us to all parts of the property in order to carry out the services agreed is assumed unless expressly stated otherwise. 7.2.The Client consents that the Designer may use details and photos of the existing site, works as they commence and of the final works for commercial purposes. If we seek professional photography of completed projects. We will agree and arrange a mutually convenient time for photography to take place to cause minimum disruption to You. 8.Designer’s Obligations 8.1.Scope - We have been retained to provide design services as set out in the design proposal. 8.2.Timescales -We will endeavour to provide the services within any agreed timescales however any timeframes set out in the Design Proposal are estimates only. 8.3.Management of Third Parties - We can establish and manage the input of third parties but unless otherwise stated responsibility for contracts with third parties to carry out any part of the works lies with the Client. 8.4.Revisions to Design - We make every effort to get our design right first time. If you are not satisfied with the initial design, then we will continue to work with you to produce revisions to the initial design provided that the scope of work remains as stated in the Design Proposal. If we feel that the time required to provide multiple revisions is over and above what is reasonable, we retain the right to charge additional fees at the hourly rate and inform you in advance of additional charges 8.5.Additional services - that are required that are not stated within the Design Proposal, we may provide these services at an additional cost to be agreed with you. 8.6.Duty of care - The Designer in performing the Services and discharging the obligations under the Agreement shall exercise the reasonable skill and care to be expected of an ordinary, competent Designer. 8.7.Designer’s authority -The Designer shall act as the Client’s agent in the matters set out or necessarily implied in the Agreement in relation to the Project as agreed with, or required by, the Client. 8.8.Reports - The Designer shall keep the Client informed of progress in the performance of the Services and of matters that may affect the Timetable, the cost (including the Construction Cost if any) or quality of the Project. 8.9.Co-operation - The Designer shall act reasonably to co-operate with any of the persons involved in the Project including to supply them with information within the Designer’s control relating to the Project which is necessary for the carrying out of their services or work and will expect a reciprocal regard. 8.10.Visits to Site - The Designer shall make visits to the Site and/or the Works as necessary and as stated within the design proposals or later agreed with regard to implementation. Additional visits will be charged at the hourly rate. 8.11.Changes to Services or design - Other than in the case of an emergency, the Designer shall not make material alterations or additions to, or omissions from, the Services or the approved design without the consent of the Client. The details of all material alterations, additions or omissions shall be confirmed by the Designer to the Client. 8.12.In the rare case where decisions are needed in isolation the designer reserves the right to make such decisions and inform the client as soon as reasonably possible in order to allow smooth continuation of the works or services. 9.Client’s Obligations 9.1.Designated Representative - In cases where multiple individuals have interest in the works, they shall nominate a single representative who will exercise the powers of the Client under the Agreement. All instructions pertaining to the project shall be communicated through this designated representative. We reserve the right to only deal with this designated representative and we reserve the right to request a change the designated representative. 9.2.Information - The Client shall advise the Designer of the initial Brief, and of any Timetable and any budget for the Project and about the relative priorities of these. The Client shall supply, free of charge, all such information as is necessary for the proper and timely performance of the Services. The Designer shall be entitled to rely upon such information. 9.3.Decisions - When requested by the Designer, the Client shall give decisions and approvals to enable the proper and timely performance of the Services. Instructions to third parties - Agreement shall be reached as to rights to issue instructions to any Consultants or Contractors providing services in connection with the Project. 9.4.Statutory and other consents required – Whilst we can advise and carry out the work involved in obtaining the necessary consents and agreements relevant to the Project under planning legislation, building acts, relevant regulations or statutory requirements, the Client retains responsibility for ensuring these are in place, and will instruct the making of applications for consents. The Client shall pay any required charges, Fees, expenses and disbursements. 9.5.Agreement and payment of others - If the Client requires services to be undertaken by persons other than the Designer (eg, other Consultants, Site Inspector. etc), the Client shall appoint and pay such persons under separate agreements and shall confirm in writing to the Designer the services to be performed by such persons. 10.Assignment And Sub-Contracting 10.1.Neither the Designer nor the Client shall assign the whole or any part of the Agreement without the consent in writing of the other. 10.2.The Designer may sub-contract performance of any part of the Services and will advise the client in advance of any such assignments. 10.3.The client will not subcontract any part of the works without first consulting and agreeing with the designer. 10.4.Such consent must not be reasonably withheld 11.Fees 11.1.From time to time, We may purchase products including furniture, fixtures, and equipment (“FF&E”) for You in addition to or as part of the Services. In such cases, payment for procurement of FF&E will be requested prior to purchasing the agreed products. 11.2.In the event of contract termination by the client, the designer reserves the right to charge a portion of any lost revenue resulting from the cancellation, including compensation for work that was reasonably expected to be paid for, taking into account projects declined in order to accommodate the client's work. 11.3.Revision of Fees and other rates - Fees and rates for time-based work, charges for mileage and printing shall be revised every 6 months. 11.4.Other disbursements and fees charged by third parties shall be charged at the rate set by the third party and as revised by them. Figures stated with the proposal are only accurate at the time of issue. 11.5.Additional Fees -If the Designer, for reasons beyond his/her control is involved in extra work or incurs extra expense for which she will not otherwise be remunerated, the Designer shall be entitled to additional Fees, calculated on a time basis. 11.6.Incomplete Services - Where for any reason the Designer provides only part of the Services specified in the quote document, the Designer shall be entitled to Fees for completed Work Stages as apportioned for those Work Stages in Quote document; for Services or Work Stages not fully completed: a Fee proportionate to that described or apportioned in Quote document based on the Designer‘s reasonable estimate of the percentage of completion. Expenses and disbursements - The Client shall reimburse the Designer’s expenses at net cost plus the handling charge stated in Quote document. Any disbursements incurred on the Client’s behalf shall be reimbursed at net cost plus any handling charge stated in the Quote document. 11.7.Time Records - The Designer shall maintain records of time in regard to services payable on a time charge basis and of any expenses and disbursements to be reimbursed. These records shall be made available to the Client on a reasonable request. 12.Copyright And Use Of Information 12.1.The Designer owns the creative copyright in the work produced by him/her in performing the Services including any designs, drawings, documents and bespoke software and generally asserts the Designer’s moral rights to be identified as the author of the work comprising the Project. 12.2.Upon receipt of full payment of our Fees we will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs but You shall not be entitled to use them for any commercial purpose. 12.3.The Client shall have a license to copy and use and allow other Consultants and Contractors providing services in relation to the Project to use copies of the Material, but only for purposes related to the Project. 12.4.In the event of the Client being in default of payment of any Fees or other amounts due, the Designer may suspend further use of the licence on giving 7 days’ notice of the intention of doing so. 12.5.The Designer shall have the right to publish photographs and a description of the Project, but shall require consent of the Client before the publication of any other information about the Project. 13.Liabilities And Insurance 13.1.Limit of responsibility The Designer does not warrant: that the Project will be completed in accordance with the Timetable or within any budget for the Project; that any approvals, consents or permissions relating to the Project (whether statutory or otherwise), such as planning permission, or building warrant will be granted; the solvency, services, performance, work or products of parties other than the Designer whether or not such parties were appointed on the advice of the Designer; 13.2.Professional indemnity insurance The Designer shall hold professional indemnity insurance for £1million cover. The Designer shall maintain such insurance until at least the expiry of three years from the date of the last Services performed under the Agreement. 14.Suspension And Termination 14.1.The Client may suspend or terminate the performance of any or all of the Services by giving at least 7 day’s notice to the Designer. The notice shall specify the Services affected and the grounds for doing so. The Designer may suspend or terminate performance of the obligations under this Agreement on giving at least 7 day’s notice to the Client. The notice shall specify the Services affected and the grounds for doing so. 14.2.If the reason for the suspension is resolved the Designer shall resume the performance of his/her obligations. 14.3.If any period of suspension exceeds 6 months the Designer shall have the right to treat this Agreement as terminated. 14.4.The Client or the Designer may by giving reasonable notice in writing to the other terminate Performance of the Services and the Designer’s obligations under this Agreement may be terminated immediately by notice from either party if: 14.4.1.the Client or the Designer becomes insolvent; or 14.4.2.the Designer becomes unable to provide the Services through death or incapacity. 14.5.On the termination of performance of the Services or the Designer’s obligations under the Agreement: A copy of all prepared material relevant to the continuation of works shall be delivered to the Client by the Designer, subject to the usage terms of this contract and payment of the Designer’s reasonable copying charges.