TERMS & CONDITIONS
Our Terms & Conditions
Unless otherwise agreed, these terms of business apply to any future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.
Any fee proposal/quotations we provide you with remain open for a period of three months, after which we reserve the right to amend them to reflect current market conditions.
Unless a Standard Form of Appointment is used, the following terms shall be the terms under which Evoke Architecture Limited performs their services:
This agreement is to offer Evoke Architecture Limited (herein referred to as ‘Evoke), to perform the consulting services described in the attached Scope of Services. On acceptance by the Client, Evoke is strictly limited to the attached proposal and these Terms and Conditions for Evokes Services, which when acknowledged in writing, is authorised to proceed. The Client is defined as the person or business entity signed in the Agreement, authorising Evoke to proceed.
This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing, to be executed by both Parties.
Services to be Performed
The services to be performed are described in the preceding Scope of Services and Fees. Unless otherwise specified in the Scope of Services and Fees or the Terms and Conditions, Evoke shall furnish all technical and professional services, including labour, materials, supplies, equipment, transportation and supervision to perform all tasks listed in the Scope of Services and Fees and in accordance with the target schedule.
The execution by Evoke of the role of Principal Designer under the Construction Design and Management Regulations 2015 will end at the same time our services conclude, unless otherwise agreed in writing in advance. To ensure clarity on this point, we will seek confirmation of your acceptance to proceed to the next stage of the project in writing (letter or email) at which time we will proceed with both our Evoke and Principal Designer service. At the time our involvement in the project terminates, we will provide or make available upon request, the pre-construction information of the project to that date. After which we will only undertake Designer duties under CDM 2015 on any advice given.
The duties of Evoke will be undertaken with reasonable skill and care.
The Client shall establish a project budget with reasonable contingencies that meets the project requirements. The project budget shall be established by the Client prior to Evoke proceeding with the Scope of Services and Fees.
Cost estimates – other than the indicative costs based on a meter squared rate, Evoke is not contracted to provide cost estimating services. The Client shall employ a contractor or construction cost estimating consultant to provide cost estimating services. Evoke and its consultants do not warranty, guarantee or certify the construction cost for the project or any part of the project.
Evoke assumes that the Client shall be the Project Representative, unless the Client notifies Evoke, in writing, that another Project Representative has been appointed within five (5) business days.
Compensation for the agreed works is set out below.
The attached proposal describes the tasks, phases and compensation terms. Terms of payment and invoices shall be submitted upon completion of a stage or on a monthly basis: percentage complete at that time; or hourly rate. Payments are due upon the Client’s receipt of invoice. Amounts that are unpaid fourteen (14) days after the invoice date will bear interest of eight present (8%) per year, over the dealing rate of the Bank of England Rate, current at the date that payment becomes overdue, together with such costs reasonably incurred by the payee (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due under this Agreement.
Additional Services and Costs
All additional services shall be approved by the Client and Evoke in writing prior to proceeding. The following are additional services that are not specified above and are considered beyond the basic Scope of Services and Fees:
The following activities do not form part of the Services unless identified as ‘Other Services’ in writing:
Costing of the proposed works, other than a superficial costing based on an m² rate.
Models and special drawings.
Making submissions to and negotiating approvals by landlords, freeholders, etc.
Preparing a schedule of dilapidations.
Services in connection with Party Wall negotiations.
Negotiating a price with a contractor (in lieu of tendering).
Services in any dispute between the client and another party.
Services following damage by fire and other causes.
Services following suspension, termination of any contract or agreement with, or the insolvency of any other party, providing services to the project.
Services in connection with the government and other grants.
Redesign to meet project budget costs. The Client is responsible to establish project budget costs and obtain required cost estimates, other than indicative costs as set out in the Scope of Services and Fees.
Interior Design Services.
Landscape design services.
Party representation in dispute or legal proceedings.
Fees for Additional Services
Evoke may provide additional services beyond those listed in the Scope of Services and Fees, by a negotiated sum or on an hourly basis. Evokes hourly rates are as follows:
Architect / Designer £70 per hour
Project Staff / Technician £40 per hour
Hourly rates specified above are valid for 1 calendar year (1 January – 31 December) and apply to all projects within that calendar year. These shall be reviewed annually and if deemed necessary, shall be increased on the first day of the subsequent year to reflect market conditions, employee benefits and salary compensation.
Reimbursable expenses shall include, but not be limited to: printing, reproductions, bulk copying, photographic services, long distance telephone calls, postage, shipping, delivery, long distance travel expenses, lodging, meals and/or other project related out-of-pocket expenses. Items shall be reimbursed to Evoke at cost plus two and a half percent (2.5%), unless a specific cost is listed below:
We would expect to incur and pass on to you a charge of approximately £30.00 (including VAT) to purchase Ordnance Survey data in order to prepare location plan drawings that are necessary for the Planning and Building Regulation applications. If the cost is more than this, this will be confirmed with the Client in advance of purchase.
We have informed you that it might be necessary to appoint other consultants throughout the project, to ensure completion of the design. For example these may include, but are not limited to, structural engineers, mechanical engineers, kitchen designers, landscape designers, interior design consultants, audio/video consultants, lighting designers, etc.
The above consultants will be engaged and paid directly by yourselves. We would of course help you to commission such consultants and would provide them with any information that they require.
The Client is responsible for the payment of all fees for statutory application, including but not limited to, all types of Planning and Listed Building Applications, Building Regulations Application etc.
Evoke shall own the copyright of the drawings and documents produced in performing the services and generally assert Evokes moral rights to be identified as the author of such work.
Providing that all fees and/or other amounts properly due are paid, the Client shall have a licence to copy and use and allow other persons providing services to the project to copy and use the drawings and documents for purposes related to construction of the project or its subsequent use or sale; but may not be used for reproduction of the design for any part of any extension of the project or any other project. Evoke shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared. Reuse and/or modification of any such documents, without Evokes written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold Evoke harmless from all claims, damages and expenses, including solicitor’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client.
No part of any design produced by Evoke may be registered by the Client without the written consent of Evoke.
Evoke and its consultants shall have the right to photograph the project and to use the photographs in the promotion of their professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
Insurance – Evoke shall maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client in contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work and in any case limited to a total of £2,000,000. Any such liability will expire after six years from completion of the services. Professional Indemnity Insurance cover shall be maintained for this amount until the expiry of our liability.
Certificates of insurance are available on request.
Evoke and the Client waive consequential damage for claims, disputes and other matters in question arising out of or relating to this agreement.
Evoke shall not be responsible for the identification, removal, testing and/or certification of removal for any hazardous substance including, but are not limited to, PCB, petroleum, mould infestation, hazardous waste, asbestos, lead, and any other similar substances. Evoke and the Client acknowledge that the Scope of Services and Fees does not include any items related to a Hazardous Environmental Conditions.
Evoke aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue. However, either of us can refer the matter to adjudication or the courts in accordance with the following:
In the event of any dispute or difference arising under the agreement, the parties may:
Attempt to settle the matter by negotiation or mediation; or,
Start court proceedings to settle the dispute at any time; or,
Have disputes decided within 21 days by an adjudicator appointed under the RIBA Adjudication Scheme for Consumer Contracts.
If appointed, the adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator.
Please also note that all work carried out by Evoke is under the supervision of MCIOB and ARB chartered members, who are as such subject to Regulatory Codes and Standards of Conduct and Practice. The Client can refer any complaints to the MCIOB/ARB if the conduct or competence of Evoke falls short of the standards in their bodies code.
Suspension or Termination
The Client may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so.
Evoke may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by the date when payment is due.
If the reason for a notice of suspension arises from a default:
Once remedied, Evoke shall resume performance of the services and other obligations within a reasonable period; or
Is not remedied by the defaulting party, the agreement will end by giving at least 7 days’ further written notice.
Where services are suspended by the Client and not resumed within 3 months, Evoke has the right to treat performance of the services affected as ended, on giving at least 7 days’ further written notice to the Client.
Consumer’s Right to Cancel
The Client (domestic client procuring works exclusively for their own use and not for commercial gain) has the right to cancel this agreement for any reason by delivering or sending (including by electronic mail) a cancellation notice to Evoke at any time, within the period of 7 days, starting from the date when this agreement was made.
The notice of cancellation is deemed to be served as soon as it is posted or sent to Evoke, or in the case of an electronic communication, on the day it is sent to Evoke.
If Evoke was instructed to perform any services before the agreement was made or before the end of the 7-day period and the instruction or instructions were confirmed in writing, Evoke is entitled to any fees and expenses due before Evoke receives the notice of cancellation.