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Terms and Conditions for York Drawing Services

1. Definitions

• "Client" means the person or company commissioning the services.
• "Service Provider" means York Drawing Services.
• "Drawings" means any plans, sketches, diagrams, or other visual representations produced by the Service Provider.
• "Project" means the specific work or undertaking for which the Client commissions the Service Provider.
• "Permitted Development" means development allowed under the terms of the UK Town and Country Planning (General Permitted Development) (England) Order 2015 (or equivalent legislation in Scotland, Wales and Northern Ireland).

2. Service Provided

• The Service Provider agrees to provide drafting services as agreed upon in writing with the Client.
• The Service Provider is not an architect. The services provided do not include architectural design, structural calculations, or any other services that require professional architectural qualifications.
• The Client acknowledges that the Service Provider's role is limited to producing technical drawings based on information provided by the Client.

3. Client Responsibilities

• The Client shall provide accurate and complete information to the Service Provider in a timely manner. This includes, but is not limited to, measurements, specifications, and any relevant existing drawings or plans.
• The Client is responsible for ensuring that all drawings and designs comply with all applicable laws, regulations, and building codes, including planning permission requirements.
• If the Client intends to undertake development under Permitted Development, it is the Client's sole responsibility to ensure that the proposed development and the drawings comply fully with all relevant Permitted Development regulations. The Service Provider provides no guarantee or assurance that any drawings are suitable for Permitted Development purposes.
• The Client is responsible for checking the drawings for accuracy and completeness before submission to any relevant authority or contractor.

4. Structural Engineering

• The Client acknowledges that the drawings produced by the Service Provider may require review and approval by a qualified structural engineer.
• The Client is solely responsible for engaging a structural engineer to provide any necessary structural calculations, advice, or approvals.
• The Service Provider accepts no responsibility for the structural integrity of any design or any issues arising from the lack of structural engineering input.

5. Changes and Revisions

• The Client is entitled to two (2) sets of minor changes to the initial drawings, free of charge. Minor changes are defined as those that do not fundamentally alter the design concept or require significant additional work.
• Any additional changes or revisions beyond the two free sets will be charged at the Service Provider's standard hourly rate, which will be communicated to the Client in advance.
• Major changes, including but not limited to, significant alterations to the design, additional drawings, or changes due to inaccurate information provided by the Client, will be quoted separately and charged accordingly.

6. Payment

• The Client agrees to pay the Service Provider in accordance with the agreed-upon fee schedule or quotation.
• Payment terms will be specified in the project agreement or invoice.
• The Service Provider reserves the right to withhold delivery of the final drawings until full payment has been received.

7. Copyright and Intellectual Property

• The copyright in all drawings and designs produced by the Service Provider remains with the Service Provider until full payment has been received.
• Upon full payment, the Client shall have a license to use the drawings for the purposes of the Project as defined in the project agreement.
• The Client shall not reproduce, distribute, or modify the drawings without the prior written consent of the Service Provider.

8. Liability

• The Service Provider shall exercise reasonable skill and care in the performance of the services.
• The Service Provider's liability for any errors or omissions in the drawings shall be limited to the cost of correcting those errors or omissions, provided that the Client notifies the Service Provider of the errors or omissions within 14 days of receipt of the drawings.
• The Service Provider shall not be liable for any indirect or consequential loss, including but not limited to, loss of profits, loss of use, or delays, arising from the Client's use of the drawings.
• The Service Provider shall not be liable for any costs, losses or damages incurred by the Client as a result of:
  • The Client's failure to provide accurate or complete information.
  • Changes to regulations or building codes after the drawings have been completed.
  • The Client's failure to obtain necessary planning permissions or building control approvals.
  • The Client's failure to engage a structural engineer.
• The total liability of the Service Provider under this agreement shall not exceed the total fees paid by the Client.

9. Termination

• Either party may terminate the agreement in writing if the other party breaches any material term of the agreement and fails to remedy the breach within 14 days of written notice.
• The Service Provider may terminate the agreement immediately if the Client fails to make payment in accordance with the agreed-upon terms.
• Upon termination, the Client shall pay the Service Provider for all services provided up to the date of termination.

10. Governing Law

This agreement shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Data Protection

• The Service Provider shall comply with all applicable data protection laws, including the Data Protection Act 2018 and the UK GDPR, in relation to any personal data provided by the Client.
• The Service Provider will only use the Client's personal data for the purpose of providing the services and as otherwise agreed with the client.

12. Entire Agreement

These terms and conditions, together with any written project agreement or quotation, constitute the entire agreement between the parties and supersede all prior agreements or understandings.