1) These Terms set out the basis upon which HOPS Architects agrees to provide professional services. No variation to these Terms shall be effective unless agreed in writing.
2) HOPS Architects shall exercise reasonable skill, care and diligence in accordance with the normal standards of the architect’s profession in performing the Services.
3) The Services will be provided in accordance with the RIBA Plan of Work 2020, as applicable to domestic projects, without undue delay and, so far as reasonably practicable, in accordance with any time scale or cost limits agreed with the Client.
4) HOPS Architects shall advise the Client on the progress of the Services and of any issue that may materially affect the delivery, cost or quality of the Project.
5) Where appointed to do so, HOPS Architects shall act as the Client’s representative and act fairly when dealing between the Client and any other party.
6) HOPS Architects shall be entitled to rely on information provided by the Client, consultants, contractors or others and shall not be responsible for the accuracy of such information.

The client shall:
7) Advise HOPS Architects of the project requirements and of any subsequent changes required.
8) Provide decisions, approvals and instructions necessary for the proper and timely performance of the Services.
9) Acknowledge that planning permission, building regulations approval and other statutory or third party consents may not be granted, or may not be granted within any anticipated time scale.
10) Issue instructions to HOPS Architects, subject to HOPS Architects’ right of reasonable objection where such instruction is inconsistent with professional duties.
11) Not hold HOPS Architects liable for the proper carrying out of the works by the contractor.
12) Hold the contractor responsible for the proper carrying out and completion of construction works and for health and safety provisions on site.
13) Appoint and pay any other consultants or contractors required for the Project under separate agreements unless otherwise agreed.
14) Acknowledge that the Client has legal responsibilities under planning legislation, building regulations and the Construction (Design and Management) Regulations, and may be required to appoint other duty holders.

Payment
15) HOPS Architecture Limited is not currently registered for VAT. If VAT registration becomes required, VAT will be added at the prevailing rate.
16) Fees will be invoiced monthly in arrears based on the progress of the Services carried out during that period, unless otherwise stated in the Proposal. Invoices shall be payable within 14 days of the invoice date.
17) During the design process we may use visualisations, 3D images or other presentation material to communicate the design. These will only be instructed with the Client’s approval and will be charged as outlined in the Proposal.
18) If any amount due is not paid by the due date, HOPS Architects shall be entitled to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8 percent above the Bank of England base rate together with reasonable costs incurred in recovering the outstanding amount.
19) HOPS Architects may suspend performance of the Services if any invoice remains unpaid after written notice and shall not be responsible for any delay resulting from such suspension.
20) Hourly rates and time based charges may be reviewed annually.

Insurance and Liability
21) HOPS Architects’ total liability for any claim arising out of the Services shall be limited to £500,000 for any one claim or series of claims arising from the same originating cause.
22) HOPS Architects shall only be liable for loss to the extent that such loss is caused by its failure to exercise reasonable skill and care.
23) No action shall be brought against HOPS Architects after the expiry of six years from the date of completion of the Services or practical completion of the construction works, whichever occurs first, unless a longer period is required by law.
24) HOPS Architects confirms that professional indemnity insurance is maintained for the amount stated above and evidence can be provided on request.

Copyright Licence
25) HOPS Architects shall retain copyright in all drawings, designs and documents prepared in the performance of the Services and asserts the right to be identified as the author.
26) Subject to payment of all fees properly due, the Client shall have a non exclusive licence to use the drawings and documents solely for the purposes of constructing, maintaining, repairing, altering or selling the Project.
27) The drawings and documents shall not be used for any extension of the Project or for any other project without the written consent of HOPS Architects.
28) HOPS Architects shall not be liable for any use of the drawings or documents for purposes other than those for which they were prepared.

Photography and Publicity
29) HOPS Architects shall have the right to photograph the completed Project and use images for marketing, publication or promotional purposes, provided reasonable notice is given to the Client.
30) HOPS Architects shall obtain the consent of the client, which consent shall not be unreasonably withheld or delayed, before publication of any other information about the Project, unless reasonably necessary for performance of the services.

Termination
31) Either party may terminate the agreement by giving written notice.
32) If the Client terminates the appointment, HOPS Architects shall be entitled to payment for all Services performed up to the date of termination together with any expenses or commitments properly incurred.
33) HOPS Architects may suspend work if fees remain unpaid after written notice.

Disputes and Complaints
34) The parties shall attempt to resolve any dispute by negotiation in the first instance. If the dispute cannot be resolved, the parties may agree to mediation before commencing court proceedings.
35) If the Client has a complaint, this should be raised in writing with HOPS Architects so that the matter can be reviewed.

General
36) The following activities do not currently form part of our typical services unless specifically stated in the Proposal. If you require any of the following services, please do not hesitate to ask:
Discharging of planning conditions, models and special drawings, bespoke joinery drawings, specialist contractor design, fabrication details, kitchen design, or detailed joinery manufacture, making submissions to and negotiating approvals with landlords, freeholders, etc., services in connection with party wall negotiations, negotiating a price with a builder (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 government and other grants.
37) HOPS Architects will coordinate and incorporate specialist information where required but shall not be responsible for the design of others.
38) Cost estimates and cost plans are indicative only unless prepared by a Quantity Surveyor. The Client may appoint a Quantity Surveyor or contractor under separate agreement.
39) HOPS Architects shall not be liable for delay caused by matters outside its reasonable control including delays by authorities, consultants, contractors or the Client.
40) Information may be transmitted electronically and HOPS Architects shall not be liable for corruption or unintended alteration of such information after transmission.
41)Proposals are valid for 28 days. Commencement of work is subject to workload and written instruction.
42) Additional meetings, revisions or services beyond those described in the Proposal will be charged as additional work.
43) Unless otherwise agreed, the following hourly rates apply: Director £100 per hour
44) HOPS Architects is the trading name of HOPS Architecture Limited, (Company Number No.11542178, Registered in England and Wales).