PLANNING INSIGHT LIMITED STANDARD TERMS AND CONDITIONS
3 February 2016
In these standard terms and conditions, “we” and “us” means Planning Insight Limited, and “client” or “you” means you.
1. General Conditions
- 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
- All fees and charges submitted by other professional advisers, specialists or experts (“third party advisers”) sub-contracted by prior agreement with the client shall be the sole responsibility of, and payable by, the client and we shall have no liability whatsoever for any fees or charges submitted by such third party advisers.
- Unless otherwise agreed, we will not be responsible for monitoring or reviewing the work of third parties retained or engaged by you, nor will we be responsible for the quality or accuracy of that work.
- We shall not sub-contract any part of the commission without your prior written approval, unless the sub-contracting of any part of the commission is set out in, or is reasonably envisaged by, the scope of work, in which case we will notify you as soon as reasonably practicable that a part of the commission has been sub-contracted. We will not be responsible for the quality or accuracy of any work sub-contracted to any other professional advisers, specialist or expert and we shall have no liability in respect of the same.
2. Client Monies
- We may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account.
- 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. We will review those rates on an annual basis and let you know, as soon as reasonably practicable, of any resulting changes to our fees.
- The following costs are normally added to fee accounts as disbursements:
- photocopying and the printing of plans
- Ordnance Survey maps
- publications (local plans/development plan documents)
- faxes and telephone calls
- pre-application fees charged by a local authority
- planning application fees
- postal and delivery charges
- mileage and other travel expenses reasonably incurred.
- 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 Barclays Bank PLC base rate. We reserve the right to immediately suspend work on projects where accounts are outstanding after 42 days, and/or until satisfactory sums on account of future fees or disbursements are provided.
- If it is necessary for us to carry out additional work outside of the agreed scope of work then this may result in additional fees. We will notify you prior to carrying out this additional work and will provide an estimate of such fees before commencing additional work.
- Should you, for whatever reason, decide to: (a) cancel or terminate this engagement prior to completion of the agreed scope of work; or (b) materially alter the agreed scope of work, then any work done by us (pursuant to or in connection with the agreed scope of work) as at that date shall be invoiced in full.
- In the case of a planning appeal, fees must be paid by the client before the submission date of the appeal.
- Any delay in receiving information (or any errors or inaccuracies in that information); any changes in the client’s instructions; or any matter outside our control which leads to additional work (whether or not such work falls into the agreed scope of work or not), may result in additional fees.
- Limitation of liability
- We shall endeavour to provide professional services with reasonable care and skill. However, we will not be liable for any losses incurred in connection with, or arising from, the supply by you or others of incorrect or misleading or incomplete information, or a failure of you or others to supply any relevant information, or your failure to act on our advice or to respond promptly to communications from us or from relevant authorities, or for any errors or matters beyond our reasonable control.
- Any advice provided by us is for the client’s benefit alone and is given solely for the purposes of this engagement and may not be used or relied upon by third parties.
- The maximum aggregate amount of liability of any nature, whether in contract, tort or otherwise, of us to you under or in connection with this engagement (as it may be amended or varied) shall be limited to £5,000,000 (five million) save for any liability for fraud or dishonesty or any liability which cannot be lawfully limited or excluded.
- This agreement and any non-contractual obligations arising out of or in connection with this engagement shall be governed by, and construed in accordance with English law.
- The Courts of England & Wales shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement.