Terms and Conditions

Terms and Conditions

1.1. What the terms cover
The terms and conditions on which we provide our services to you. These terms, together with our Privacy Policy and Website Terms of Use, tell you who we are, how we will provide the services listed on our website to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.2. Why you should read them
Please read these terms carefully and make sure that you understand them. Before ordering any services from us, you will be asked to confirm that you have read and accepted these terms and that you agree to comply with and be bound by them. If you refuse to accept these terms, you will not be able to order any services from us

1.3. Are you a business customer or a consumer?
In some areas, you will have different rights under these terms, depending on whether you are a business or a consumer. You are a consumer if you are an individual and you are purchasing services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4. If you are a business customer, this is our entire agreement with you
If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of, us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

2. Information about us and how to contact us

2.1. Who we are
We are Afraz Naqvi Design Studio Ltd ( AN-DS Ltd) , a company registered in England and Wales with company registration number 11191901. Our registered office address is 84 Old Oak Common Lane W3 7DA.

2.2. Our Design and Building Regulations Team
We are a design based architectural practice and may not have a registered architect working on your project but all designers work to ‘The Architects Code: Standards of Professional Conduct and Practice’, . We also have Technologists, Architectural Assistants and Designers

2.3. How to contact us
You can contact us by telephoning us on 0208 087 1562, by emailing to us at info@an-ds.com

2.4. How we may contact you
If we have to contact you, we will usually do so through the contact phone number or by writing to you at the email address you provided to us.

3. Our contract with you

3.1. How we will accept your order
A order is placed once an invoice is issued and a 25% deposit is paid. the payment method information is provided in your quote to initiate a BACS transfer. After you place your order and pay for the related services, you will receive an email confirmation from us acknowledging receipt of your payment and confirming our acceptance of your order, at which point a contract will come into existence between you and us.

3.2. Your order number
We will assign you an order number when we accept your order which will be visible on the invoice.

3.4. Our services are mainly for UK properties
We currently only offer our services in the English language and in relation to properties located in the United Kingdom. However, we can accept an order from you if you are based outside the UK.

4. Our services

4.1. Service levels
We will exercise reasonable skill and care in carrying out the services you have ordered from us.

4.2. Reliance on drawings
Whilst we will use all reasonable endeavours to ensure that any drawings produced by us as part of our services are accurate, you must ensure that, if your project goes to construction, all drawings and measurements are checked on site by your appointed contractors before work commences. We will not be liable for any inaccuracies that come to light after work commences.

4.3. Planning and design drawings
Any planning and design drawings produced by us as part of our services should be relied on for planning and design purposes only. If your project goes to construction, they are not a substitute for detailed technical building regulations drawings, which will be required to comply with building regulations.

4.4. Illustrative drawings
If, as part of the services, you ask us to produce any illustrative drawings to help inform your decision in relation to, for example, the development of an existing property or the purchase of a new one, these will be for illustrative purposes only and should not be used to replace the production of detailed technical building regulations drawings, which will be required to comply with building regulations.

4.5. Making sure measurements are accurate
Afraz Naqvi Design Studio Ltd uses laser scanners which have a high level of accuracy. However, there may be a tolerance on our drawings
Some measurements taken by us (or by third parties appointed by us) may be based on assumptions, for example if accurate measurements cannot be taken due to restricted access, and we cannot accept any responsibility for any such inaccuracies. If you become aware that any such measurements are inaccurate (or you become aware of any other discrepancies), you must notify us immediately.

4.6. Measurements provided by you
At times we may agree to offer our services remotely without us carrying out a site visit/site survey of your property. In this case, you are responsible for ensuring that any measurements you provide us with are correct and accurate. We cannot accept any responsibility for any incorrect measurements provided to us (whether by you or by any third party instructed by you or acting on your behalf). If your project goes to construction, it is important that your appointed contractors attend the site to complete a full measured or cross-checking survey and discuss your specific requirements.

4.7. Working alongside other professionals

If we provide our services alongside other professionals you have instructed, then it is your responsibility to ensure that all information held by those other professionals that could be relevant to our services is communicated to us promptly. We will not be liable for any inaccuracies in information provided to us by those other professionals.

4.8. No obligation to update

We shall not be under any obligation to update any information, report or content provided to you as part of our services to take account of events occurring after such information, report or content has been provided to you.

4.9. Excluded services
We do not offer any guarantee that any required planning permission will be secured or Permitted Development successfully certified. Furthermore, please note the following:

• 4.9.1. we cannot guarantee that our building regulations drawing package is fully compliant as on site conditions may result in the need to make changes to the design to ensure compliance;
• 4.9.2. any project cost or other estimates provided by us, are based on available data and averages, as well as information supplied by you, and are not definitive. They are provided for guidance purposes only and we cannot and will not accept any responsibility if they turn out to be inaccurate;
• 4.9.3. we cannot and will not accept any responsibility for, nor can we offer any title indemnity insurance or any other insurance or protection against, any title matters, including, but not limited to, property boundary and other covenants, easements and/or restrictions (including any planning requirements and/or restrictions) concerning the freehold or leasehold interest in the relevant property, nor can we accept any responsibility if any other specialists or third parties engaged in connection with the relevant property fail to have in place adequate insurance to cover any liability arising as a result of any of the foregoing. Responsibility for checking all such matters and taking appropriate specialist advice, including legal advice, in respect of them remains with you;
• 4.9.4. if you choose to provide us with any drawings or plans prepared by third parties (for example, other architects), we will seek to identify (but cannot and will not accept any responsibility for) any inaccuracies or inconsistencies in them and agree with you the next steps to be taken and any associated costs (and, until such time, the project will be paused);
• 4.9.5. if, in relation to your project, notice under the Party Wall etc. Act 1996 is required to be given to owners of an adjoining property, we may, if so requested, be able to introduce you to someone who can prepare the appropriate notice(s) for you; however, if we make such an introduction, we cannot and will not accept any responsibility for the preparation of such notice(s), the delivery of such notice(s) to the adjoining owner(s) or the mechanism for resolving disputes;
• 4.9.6. if your project goes to construction, you will be responsible for notifying or, if required, seeking consent from, the freeholder or leaseholder (as the case may be) of the relevant property and we cannot and will not accept any responsibility for your failure to do so;
• 4.9.7. if your project goes to construction, you will be responsible for notifying any third party utility suppliers whose services to the property may be affected by the project and we cannot and will not accept any responsibility for your failure to do so;
• 4.9.8. we will not be responsible for any change of use application that might be required if you proceed with construction prior to obtaining planning permission or a lawful development certificate;
• 4.9.9. if you want to rent out your property as a house in multiple occupation, we cannot advise you on whether or not a licence is needed, nor will we be responsible for applying for such a licence unless agreed.
• 4.9.10. we will not be responsible for any delays arising during the design and construction phases of your project (including delays caused by third parties, including local planning authorities) or for any increased loan, rent or mortgage payments required to be made as a result of any such delay.
• 4.9.11. if your project goes to construction you are responsible for appointing someone to undertake the duties associated with a lead designer/project manager.You may elect to perform this role yourself or if agreed AN-DS Ltd may take on this role. This includes but is not limited to; contract preparation, contract administration, on-site project management, quality checking of building work, resolving of disputes.
• 4.9.12. we may charge an additional fee for resubmitting the application if the application was refused unless agreed prior.

5. Your rights to make changes

If you wish to make a change to the services you have agreed to (for example, you wish to upgrade to a different package or amend a planning permission application after its submission to your local planning authority), please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any additional cost, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

We may change the services we offer: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your ability to make use of the services we provide. However, if any such change results in a delay in the provision of our services to you, we will contact you to tell you about the delay. If the delay continues for a period of more than 30 days, you may contact us to end this contract and receive a refund for any services you have paid for but not received.

7. Providing the services

7.1. When we will provide the services
We will begin the services on the date we accept your project or on such other date as may be agreed with you during the process, provided in each instance that you have given us all relevant information to allow us to do so. Any plans, drawings, renders, images, reports and other documents provided to you as part of the services (including any received from third parties such as structural engineers and drainage specialists) will be issued to you using the email address provided.

7.2. We are not responsible for delays outside our control
If our provision of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end this contract and there may be an amount payable depending on amount of work completed.

7.3. What will happen if you do not give required information to us
If our provision of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end this contract and there may be an amount payable depending on amount of work completed.
We will contact you to ask for this information using the contact information you have provided to us. If you do not respond to us or you do not give us the information we need within a reasonable time of us asking for it and in any event within 6 months of our first request we will not be responsible for any failure or delay in performing our obligations under this contract and we may:

• End this contract in which case we shall hold the sums you have paid to us in advance for services not provided as a credit on your account which may be used by you against any other service within 12 months from the date we issue the credit; and/or
• Make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result which may be deducted from any credit we may hold for you.

7.4. We may refuse to provide, or suspend provision of, the services if you do not pay
If you do not pay us for the services when you are supposed to and you still do not make payment within seven days of us reminding you that payment is due, we may refuse to provide, or suspend provision of, the services until you have paid us the outstanding amounts(and we will contact you to tell you that we are doing this). We may also charge you interest on your overdue payments . However, we will not do this where you correctly dispute an unpaid invoice .

7.5. If you are unable to proceed with your project at any time or are unresponsive:

• For over 10 working days, your project will be moved into our ‘Waiting Lounge’to give you some breathing space until you’re ready.
• If your project is in the Waiting Lounge for more than 3 months, and you are still unresponsive, it will be archived.
• From here on, you have 6 months to get in touch and let us know how you would like to proceed.
• If we do not hear from you within 6 months of archiving your project, any agreements regarding timescales will need to be agreed again.

8. Your rights to end this contract

8.1. You can always end this contract
Your rights when you end this contract will depend on what services you have purchased, whether there is anything wrong with them, how we are performing, when you decide to end this contract and whether you are a consumer or business customer.

8.2. Ending this contract because of something we have done or are going to do
If you are ending this contract for a reason set out at clauses, it will end immediately;

• 8.2.1. there is a risk that provision of the services may be significantly delayed because of events outside our control;
• 8.2.2. there is a delay in the provision of our services to you, as notified to you in accordance with clause 7, and such delay continues for a period of more than 30 days; or
• 8.2.3. you have a legal right to end this contract because of something we have done wrong (for example, you are a consumer and the services you have purchased were misdescribed or were not carried out with reasonable skill and care).

8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)

If you are a consumer, then you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to change your mind within 14 days and receive a refund.

8.4. When consumers do not have a right to change their minds

Your right as a consumer to change your mind does not apply if the services you order have been completed, even if the cancellation period is still running.

8.5. How long do consumers have to change their minds?

If you are a consumer, you have 14 days after the day we confirm acceptance of your project. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started to provide the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

9. How to end your contract with us(including if you are a consumer who has changed their mind)

9.1. Tell us you want to end the contract.
To end this contract, please let us know by doing one of the following:

• 9.1.1. Phone or email. Call us on 0208 087 1562 or email us at info@an-ds.com. Please provide your name, home address, details of your project (including your invoice reference number) and, where available, your phone number; or

9.2. How we will refund you
If you are entitled to a refund under these terms, we will refund you by the method you used for payment. We may make deductions from the price you paid for the services, as described in these terms.

9.3. When we may make deductions from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind, we may deduct from any refund an amount for the provision of the services for the period for which they were provided, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of this contract.

9.4. When your refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of you telling us that you have changed your mind.

10. Our rights to end the contract

10.1.We may end this contract if you break it
We may end this contract at any time by writing to you if:

• 10.1.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, including any of the information referred to in clause 8.3 or any feedback or measurements we have asked you to provide us with;
• 10.1.2. you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
• 10.1.3. you repeatedly request changes to the services you have ordered;
• 10.1.4. you request a change to the services you have ordered, but are unwilling to accept any increase in the price for those services;
• 10.1.5. you seek to include further work within the scope of the contract between us without agreeing a price for any such additional work; or
• 10.1.6. you behave towards our personnel in a manner which we, in our sole discretion, consider to be rude and/or abusive.

11.2. You must compensate us if you break the contract

If we end this contract in the situations set out in this T&C, we will refund any money you have paid in advance for services we have not provided, but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking this contract. For example, we may charge a reasonable fee for any work done by our architectural designers prior to the date we end the contract between us.

11.3. Deposit paid

If you’ve paid the deposit and work have commenced the deposit will not be refunded. If you were to cancel after a considerable time an additional cost will be payable depending on the amount of work completed.

12. If there is a problem with our services

12.1. If you have any questions or complaints about our services, or if there is any aspect of our services with which you are unhappy, please contact us. You can telephone us on 0208 087 1562 or you can write to us at info@an-ds.com or our registered office address as referred to above.

12.2. If you decide you wish to make a formal complaint, this will be directed to our Client Services Team and responded to accordingly.

12.3. You may be asked to provide feedback by completing a review via the online platform or on our website which is monitored internally. If you are not satisfied with the level of service you have received and wish to post a negative review (whether via third party online platform or on our website or elsewhere), you agree not to do so until you have contacted us to discuss your dissatisfaction or, where appropriate, completed the formal complaints procedure.

13. Price and payment

13.1. Where to find the price for our services
The price for the services you agree to (which includes VAT) will be the price indicated in your quote mainly in writing via email . We take all reasonable care to ensure that the price for the services advised to you is correct. However, please see clause 13.4 for what happens if we discover an error in the price for the services you order.

13.2. Our right to increase the price for our services
We reserve the right to increase the price for the services we provide if, having accepted your order, there is a change to the scope of those services (for example, you request more than agreed revisions to any plans or a whole new design). In such circumstances, we will, where practicable, seek your agreement to the increased price before continuing with the services.

13.3. We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we provide the services, we will not increase the price for the services.

13.4. How you must pay and when you must pay
Your quote will break down the cost of each service and may include a payment schedule. The payment schedule usually consists of a deposit and then various milestone payments tied to the progression of your project.
All deposit payments must be made by BACS transfer (using your invoice number as the payment reference).

13.5. Our right of set-off if you are a business customer
If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.6. We can charge interest if you pay late
If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.7. What to do if you think an invoice is wrong
If you think that any invoice issued by us is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

13.8. Introductions to Third Parties
As part of the Design or Connect services we offer we may provide introductions to third parties for your consideration. These will include amongst others building contractors, party wall surveyors, structural engineers, drainage specialists, building control surveyors and other specialists. We may be paid a fee by the third party we introduce, in which case the fee will be stated to the client in advance, but that fee will not affect the price the client pays for those third party services.

Any introduction of a third party that we make to a client shall not under any circumstances constitute a warranty or representation as to the suitability of that third party nor as to the quality of the work of the third party.

The ultimate choice of third party is for the client to make after their prudent enquiries and due diligence. We will not be liable for any loss or damage suffered arising out of any services provided by or any act or omission of the third party.

14. Copyright

14.1. Ownership of copyright
We own and retain the copyright in all plans, drawings, renders, images, reports and other documents produced by us in performing the services (including any uploaded to your online account).

14.2. Copyright licence
You will have a licence to copy and use, and allow other persons providing services to you to copy and use, the plans, drawings, renders, images, reports and other documents uploaded to your online account. Neither we, nor our directors or employees, will have any liability for any use of the same other than for the purpose for which they were prepared.

15. Marketing

15.1. Right to use
We shall have the right to use any plans, drawings, renders and images produced by us in performing the services for our own marketing purposes, including reproducing the same on our website.

15.2. Right to publish photographs
If, having used our services, your project goes to construction, we shall have the right to take and publish photographs of the project, and you agree to give us reasonable access to your property for this purpose.

16. Liability to Consumer Clients.

16.1. We are responsible for liability for death or personal injury caused by our negligence or by fraud or fraudulent misrepresentation by ourselves or our employees and nothing in these terms shall have the effect of excluding or limiting our liability for those specific matters.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms or our negligence or if it was reasonably contemplated by you and us at the time of the contract between us coming into effect as a possible result of such breach or negligence, for example if you discussed it with us during the order process.

16.2. The client acknowledges and agrees that they have ultimate control over the choice of any third party and accordingly we shall not be liable in respect of any services or goods provided by such third party however such liability arises including in tort (including negligence) contract, misrepresentation, breach of statutory duty or otherwise.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services, including the right to receive services which are of satisfactory quality and fit for any particular purpose made known to us.

16.3. To the extent reasonably foreseeable we will be liable for damages arising directly from our own acts or omissions (including those of our employees).

• 16.3.1. The client agrees that any damages (other than those that arise under 16.1 above) shall be limited to a maximum of £20,000 [twenty thousand pounds] and acknowledges and accepts that this limit does not represent an unfair or unreasonable imbalance of rights between ourselves and the client.

If we attend your property for the purpose of providing the services to you, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, nor are we responsible for any damage to your property caused by third parties.

16.4. We may attend your property in the course of providing services. In the event that we cause damage to your property whilst doing so we will make good such damage.

We are not responsible for the cost of repairing any pre-existing faults or damage to your property that may be discovered whilst doing so nor for any damage caused by a third party whether or not we introduced them.

16.5. If you use our services or the premises relevant to those services for any business or trade purposes then this entire clause 16 shall not apply and our liability if any shall be as set out in clause

17. Liability to non-Consumer Clients.

17.1. Nothing in these terms shall limit or exclude our liability for:

• 17.1.1. death or personal injury caused by our negligence or the negligence of our employees;
• 17.1.2. fraud or fraudulent misrepresentation; or
• 17.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

17.2. Subject to clause 17.1:

• 17.2.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
• 17.2.2. our total aggregate liability to you for all other losses arising under, or in connection with, any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in all circumstances be limited to the total sums paid by you to us for services under such contract.

17.3.
Except as otherwise expressly provided in these terms, all conditions, warranties, representations, undertakings or other similar terms implied by statute, common law or custom are excluded to the fullest extent permitted by law.

18. How we will use your personal information:

We will only use your personal information in accordance with our Privacy Policy. Please take the time to read this as it includes important terms which apply to you.

19. Other important terms

19.1. We may transfer this contract to someone else
We may transfer our rights and obligations under these terms to another organisation (for example, to a third party purchaser of our business), but this will not affect your rights or obligations under these terms.

19.2. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.3. Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.4. If a court finds part of this contract illegal, the rest will continue in force
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

19.5. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

19.6. Dispute resolution
If a dispute arises out of, or in connection with, this contract or its performance, validity or enforceability, then either party may give to the other party written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documents, following which the parties shall attempt in good faith to resolve the dispute. If the parties are unable to resolve the dispute within 30 days of such notice, the parties may, if so agreed between them in writing, enter into mediation in good faith to settle the dispute in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure using a mediator nominated by CEDR. However, the commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the dispute under clause 19.7 or clause 19.8 (as the case may be).

19.7. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

19.8. Which laws apply to this contract and where you may bring legal proceedings if you are a business
If you are a business, any dispute or claim arising out of, or in connection with, this contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.