1. Definitions
The “website” means http://www.buildingdevelopmentservice.co.uk and all the pages, content and sub-domains contained therein. “buildingdevelopmentservice.co.uk”,”the business”, “us”, “we”, “our” and “ours” means buildingdevelopmentservice.co.uk. “Service” means any procedure or service that is provided by extensionplans.net which includes, but is not limited to: information, services and products provided through the website, or by telephone or email. “Customers” means any person who makes an enquiry on the website for buildingdevelopmentservice.co.uk to quote on or anyone making use of our services. “Users” and “user” means anyone using the website including Customers. “Project”, “Projects” “Work” or “Works” means any job or jobs submitted or requested by a Customer. “Design Project” and “Design Projects” shall include our initial design service, detailed design service and any other design services provided by us.

2. General Terms and Conditions (applies to Customers and any Users)

2.1 General – This document describes the terms and conditions applicable to the use of any Service provided by the business including any services offered through the website and you are bound by the terms and conditions as set out below.

2.2. Notices – Unless otherwise explicitly stated, notices to buildingdevelopmentservice.co.uk must be sent by registered mail buildingdevelopmentservice.co.uk, 9 Southwell Close, Grantham, Lincolnshire, NG31 8PL, UK, and notices to users will be sent to the email address that they have provided to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

2.3 Projects and Further Contracts – The Customer’s Projects must not be against any applicable law, or contrary to any aspect of these terms and conditions. Customers accept the sole responsibility for the legality of their actions under laws applying to themselves.

2.4 Restrictions on Information – Information provided by the Customer and any activities on our website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. The information must not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography. The information must not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. The information must not link directly or indirectly to any other website. The information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. The information may not cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired.

2.5 Use of your information – We only collect, store or use information that we consider necessary for the purpose of providing the best service for our customers. We check the accuracy of the business information that users provide on registration. We may use the contact information provided to contact you regarding your registration, or any other matter that we consider relevant to the users use of our website. We do not share, sell, trade or give away your personal information other than is described in these terms and conditions. We may disclose your personal data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority. We cannot ensure that all of your communications with buildingdevelopmentservice.co.uk and other personally identifiable information will never be disclosed in ways not otherwise described within these terms and conditions or our in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from the website. Therefore, we do not guarantee, and you should not expect, that your personally identifiable information or communications will always remain private. We may also disclose aggregated demographic and profile data (in which users will not be identified) to our commercial and marketing partners. Although we make every attempt to ensure that it is correct and accurate, buildingdevelopmentservice.co.uk cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

2.6 Access and interference – All user agree that they will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, users agree that they will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. Users agree that they will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the website without our prior written permission and the appropriate third party, as applicable and that they will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; Users agree not to bypass measures we may use now or in the future to prevent or restrict access to the website and we do not authorise any users to extract, copy or re-utilise any parts of our website.

2.7 Breach – Without limiting our other remedies, we may limit users activity on the website, immediately issue a warning, suspend or terminate the user registration and refuse to provide our services to the user without notice to the user if they breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information they provide to us, or we believe that the users actions may cause us financial loss or legal liability.

2.8 Limitation of Liability – Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence. Subject to the foregoing, we (whether directly or through our directors, agents,sub- contractors, employees or others) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions or otherwise in relation to a Design Project or other provision whatsoever of advice, goods or services. We (including our directors and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of other providers of telecommunications services or for faults in or failures of their networks and equipment. Where notwithstanding the provisions of this paragraph we have a liability it shall be limited to a sum of [£500,000] for any and all claims arising out of the same Project.

2.9 Indemnity – All users agree to indemnify and hold us and (as applicable) our agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the users breach of these terms and conditions (including the documents incorporated by reference), or the users violation of any law or the rights of a third party.

2.10 Information Access – We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to users.

2.11 Governing Law and Legal Compliance – These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

2.12 Complaints – Buildingdevelopmentservice.co.uk is serious about customer complaints and will endeavour to act quickly to resolve these. In the first instance, please address any complaints to us by e-mail at simon@buildingdevelopmentservice.co.uk

2.13 Third Party Rights – A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.

2.14 Intellectual Property – Buildingdevelopmentservice.co.uk owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and users agree not use or copy any part thereof without our express permission. The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) Users upload to our website are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so the user is giving expressed and irrevocable permission for us to store, display and use the content.

2.15 General – If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. All users agree that these terms and conditions and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by users or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. This Agreement will prevail over any conditions a Customer or Contractor may have specified in the description of a job and our Privacy Policy which are incorporated in these terms and conditions by use of reference. Each of the policies may be amended from time to time. If material changes occur, you will be sent an email explaining the changes.

3. Customer Terms and Conditions

3.1 Customer Registration – In order to make an enquiry about a Project a customer must complete and submit a Customer Enquiry Form on our website or at a trade exhibition or telephone our office premises . Users must be over the age of 18 and we reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason. Making an enquiry for a Project with buildingdevelopmentservice.co.uk is free. Upon receipt of the enquiry, we will contact the Customer to discuss their requirements which may require an initial meeting. If a Customer wishes to change the details of their enquiry or personal details such as telephone number or address, this can be done through e-mailing the business.

3.2 Payment Terms – All payments for any Project shall be made to buildingdevelopmentservice.co.uk.

3.2.1 Initial Design Service – The Initial Design Service fee will be payable on completion of the property survey – the cost of this will be as quoted by us in our design services sheet and as advertised on our website.

3.2.2 Detailed Design Service – One half of our detailed design fee is payable upon completion of planning drawings prior to submission to the Local Authority. The Local Authority Planning fee or Lawful Development Certificate application fee is also payable at this stage as required by the Local Authority. The remaining half of our detailed design fee is payable upon completion of the Building Regulations drawings prior to submission to the Local Authority or private Building Inspector. The Building Regulations plan fee (N.B. This may be paid directly by the Customer to the Building Inspector), structural engineer’s fee and any other third party fees such as thermal calculations fee are also payable at this stage. There may be additional third party fees required by Party Wall surveyors or other interested parties such as management companies. If required, extensionplans.net will provide copies of plans to obtain third party consents. Any fees charged by a third party will be payable by the Customer. We reserve the right to charge an additional design fee if additional work is generated.

3.2.3 Late Payment – Building Development Service shall reserve the right to apply an interest charge of 2.5% per month for late payment. Any cheques which do not clear will incur a fee of £10.

3.3 Cancellation – Any cancellation must be in writing. If the Customer cancels the Initial Design Service before the property survey is carried out, we reserve the right to charge an administration fee of £100. Where paid, the Customers Initial Design Service payment will be returned to the Customer (less the administration fee where applicable). If the Customer cancels the Initial Design Design after we have carried out the survey, but before we have completed the Initial Design, half the Initial Design Service fee will be payable. If the Customer cancels the Initial Design Service after we have completed the design, the fee will be payable in full. If the Customer cancels the Detailed Design Service, the Customer will be liable for payment for any planning or building regulations drawings, preparation of work specification, etc that has been completed by us including any third party fees which have been incurred.

3.4 Design Projects Liability

3.4.1 Access – It is the Customer’s responsibility to ensure that the property is clear of furniture, goods etc. to enable extensionplans.net to access the property to carry out any surveys or inspections. It is also the Customer’s responsibility to ensure that the property provides a safe working environment. We reserve the right to decline to carry out the survey if the environment is unsafe.

3.4.2 Planning Permission – buildingdevelopmentservice.co.uk cannot guarantee that a Design Project will obtain planning permission or a Lawful Development Certificate. We will aim to design a scheme that meets planning guidance and policy but an application can be refused. We will generally seek to redesign and resubmit a further planning application for which, subject to the extent of the works, we usually charge a nominal fee of £250 excluding any third party fees. We will, If required, introduce a specialist planning consultant to appeal against a refusal decision and the cost of this work will be in addition to our design fee.

3.4.3 Legal Restrictions – Buildingdevelopmentservice.co.uk does not carry out legal investigations into the viability of the proposals and will prepare a scheme on the assumption that the instructing Customer is the freeholder/controlling owner of the property. The Customer should therefore advise extensionplans.net if there are any legal restrictions such as restrictive covenants, third party rights of way etc. that may affect the scheme. buildingdevelopmentservice.co.uk usually provides general advice only on whether the proposal is affected by the Party Wall Etc. Act 1996. Additional specialist Party Wall advice/services may be required and any additional fees charged by a Party Wall Surveyor will be in addition to our design fee. Grant of planning consent does not necessarily mean that proprietary rights of adjacent owners/occupiers, such as rights to light or restrictive covenants have been waived, or overcome. The Customer may need specialist advice to deal with such issues. Unless the Customer provides specific information on physical restrictions on the property, such as unusual ground conditions, sewers or drains, Tree Preservation Orders, etc. buildingdevelopmentservice.co.uk will assume that there are no onerous restrictions. Any restrictions that come to light through the planning process will be notified to the Customer. We do not hold information on public utilities and services, and it is assumed that the location of services will not affect the scheme in any way.

3.4.4 Building Regulations – Building Regulations drawings are prepared without invasive investigation (e.g. external trial holes, lifting floor coverings to check floor joists, etc.) and therefore are likely to require amendments prior to receipt of Conditional and Unconditional Building Regulations Approval. We may need site information from you or the appointed Contractor after building works have commenced to revise plans to obtain these approvals. Amendments requested by Building Control may affect any building quotations given to the Customer. Building work may commence prior to issue of the Building Regulations Approval Notice (Conditional or Unconditional) but this is carried out at the Customers risk. If a Building Regulations Completion Certificate is required by the Customer upon completion of the works, an additional fee may be payable by the Customer to the Local Authority or Private Building Inspector.

3.4.5 Construction (Design and Management) Regulations 1994 – Customers should note that any design work carried out other than for a private residential Customer, occupied by the Customer, may be subject to the Construction (Design and Management) Regulations 1994 and require the appointment of a Planning Supervisor. Fees for this service will be in addition to our design fee.

3.4.6 Copyright – All plans prepared by buildingdevelopmentservice.co.uk remain the property and copyright of buildingdevelopmentservice.co.uk until the Customer has paid the design fee.

3.5 Statutory Rights – Nothing in these terms shall be construed so as to reduce or in any way modify the rights to which you have or will become entitled to under any statutory provisions.