What these terms cover
, 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.Why you should read them
Please read these terms carefully and make sure that you understand them. By ordering any services from us, you accept that you have read and agree to these terms and 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 usAre 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).
If you are a business customer, this is our entire agreement with youIf 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.Information about us and how to contact us
Who we are
We are Before Bricks Limited (trading as BeforeBricks), a company registered in England and Wales with company registration number 13303224. Our registered office address is 86-90 Paul Street, 3rd Floor, Hoxton, London, EC2A 4NE. How to contact us
You can contact us by telephoning us on 0800 0723 695, by emailing to us at firstname.lastname@example.org
or by writing to us at our registered office address as referred to above.How we may contact you
If we have to contact you, we will usually do so through email. We may also contact you by telephone or by writing to you at the postal address you provided to us. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and any electronic messages we send you through SMS text message or WhatsApp instant messager.Use of our website
. Please take the time to read these, as they include important terms which apply to you.Our contract with you
How we will accept your order
You can place an order with us and pay for the related services through a payment link. Alternatively, you can use the information provided in your invoice to initiate a BACS transfer. After you place your order and pay for the related services, you may 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.If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the services you have ordered (or, if you have already paid for the services, we will refund you for them). This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services you have ordered or because we are unable to meet the delivery deadline (if any) for the relevant services.Your order number
We will assign you an order number when we accept your order which will be visible on your invoice. It will help us if you can tell us your order number whenever you contact us about your order.Our services
Our services are for UK properties only. 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, provided that the relevant property is located in the United Kingdom.Service levels
We will exercise reasonable skill and care in carrying out the services you have ordered from us.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.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 regulationsIllustrative 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.Making sure measurements are accurate
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.Measurements provided by you
Some of our services may be provided remotely without us carrying out a site visit 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.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.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.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:
• 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;
• Any project cost or other estimates provided by us, whether through our website or otherwise, 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;
• 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;
• If you choose to provide us with any drawings or plans prepared by third parties (for example, another architectural service), 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);
• 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;
• 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;
• 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;
• 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;
• 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;
• 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.
• 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 requested we can make introductions to such 3rd parties but at no time will BeforeBricks take on the responsibilities or activities associated with this role. This includes but is not limited to; quantity surveying, contract preparation, contract administration, on-site project management, quality checking of building work, resolving of disputes.Your rights to make changes
If you wish to make a change to the services you have ordered (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.Our rights to make changes
We may change the services we offer:
(i) to reflect changes in relevant laws and regulatory requirements;
(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.Providing the services
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 order 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 uploaded to your online account on completion of the services.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 receive a refund for any services you have paid for but not received. What will happen if you do not give required information to us
We may need certain information from you so that we can provide the services to you, for example:
(i) your name, contact details and the address of the property in question;
(ii) basic information about the property;
(iii) your preferred style, estimated budget and a description of what you are looking to do; and
(iv) uploads of floor plans, inspiration or existing photos of the property.
We will contact you to ask for this information. We will not be responsible for any failure or delay in performing our obligations under this contract to the extent caused or contributed to by you not giving us the information we need within a reasonable time of us asking for it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or inaccurate information, we may end this contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We may refuse to provide, or suspend provision of, the services if you do not payIf 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 invoiceYour rights to end this contract
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.
Ending this contract because of something we have done or are going to do. If you are ending this contract for the following reasons:
- We have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
- There is a risk that provision of the services may be significantly delayed because of events outside our control;
- 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;
- 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), it will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation.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.
When consumers do not have a right to change their mindsYour 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.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.How to end your contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract.To end this contract, please let us know by doing one of the following:
- Phone or email. Call us on 0800 0723 695 or email us at email@example.com
. Please provide your name, home address, details of your order (including your invoice reference number) and, where available, your phone number;
- Or simply write to us at that address, including the date and details of your order (including your order number) and your name and address.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.
10.3. When we may make deductions from refunds if you are a consumer exercising your right to change your mindIf 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.
10.4. When your refund will be madeWe 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.
Our rights to end the contract
We may end this contract if you break itWe may end this contract at any time by writing to you if:
11.1.1. 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;
11.1.2. 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;
11.1.3. you repeatedly request changes to the services you have ordered;
11.1.4. you request a change to the services you have ordered, but are unwilling to accept any increase in the price for those services;
11.1.5. you seek to include further work within the scope of the contract between us without agreeing a price for any such additional work; or
11.1.6. 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 contractIf we end this contract in the situations set out in clause
11.1, we will refund any money you have paid in advance for services we have not provided, but we may 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 architects prior to the date we end the contract between us.If there is a problem with our services
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 0800 0723 695 or you can write to us at firstname.lastname@example.org
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 dashboard 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 the online dashboard 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.Price and paymentWhere to find the price for our services
The price for the services you order (which includes VAT) will be the price indicated in your quote or through the online dashboard on our website, or as otherwise agreed between us and notified to you in writing. 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.1
3.2. Our right to increase the price for our servicesWe 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 one set of 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 adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
13.4. What happens if we got the price wrongIt is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. We will normally check prices before accepting your project so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your project.
13.5. How you must pay and when you must pay. All payments must be made by debit or credit card through the online dashboard on our website or by BACS transfer (using your invoice number as reference). Unless otherwise agreed, payment must be made in full before we start providing the relevant services. We may accept payment in instalments for certain projects (for example, an initial deposit with the balance payable following the provision of the first set of deliverables); payment of any initial deposit must be made in full before we start providing the relevant services and payment of any subsequent instalment(s) must be made by the date(s) specified by us (or, if applicable, within seven days following the date of any relevant invoice).
13.6. Our right of set-off if you are a business customerIf 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).
13.7. We can charge interest if you pay lateIf 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.
13.8. What to do if you think an invoice is wrongIf 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.
13.9. Introductions and referralsIf, in the course of providing our services to you, we introduce or refer work to a third party (for example, a mortgage adviser, party wall surveyor, structural engineer, drainage specialist, building control surveyor, designer or other contractor/supplier), we may receive payment or other inducement from the third party for making the introduction or referral. However, this will not in any way affect the price you pay for the services you order from us. Any introduction or referral to a third party that we might make to you shall not, under any circumstances, constitute a warranty or representation from us as to:
(i) the suitability of such third party to provide the relevant services; or
(ii) the quality of the work undertaken by such third party. We will not be liable for any loss or damage suffered by you arising out of, or in connection with, any services provided by a third party or any act or omission of such third party in providing those services.CopyrightOwnership 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 licenceYou 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.MarketingRight 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 photographsIf, 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.Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by us. 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. We do not exclude or limit in any way our liability to you where it would be unlawful to do soThis 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. When we are liable for damage to your propertyIf 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 are not liable for business lossesIf you are a consumer, we only provide the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause Our responsibility for loss or damage suffered by you if you are a business
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.How we will use your personal information
. Please take the time to read this as it includes important terms which apply to you.Other important terms
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 elseYou 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 contractThis 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 laterIf 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 resolutionIf 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 consumerThese 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 businessIf 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.