1. These Terms and Conditions

1.1. Coverage of Terms

This document outlines the terms and conditions governing our service provision to you, including our privacy policy and website terms of use. It specifies our identity, service provision details, contract modifications, dispute resolution procedures, and other pertinent information. If you believe there is an error in these terms, please contact us for clarification.

1.2. Exclusions

These terms do not extend to advice or services offered by our subsidiary companies.

1.3. Importance of Review

It is crucial to carefully read and comprehend these terms. Before engaging our services, you will be required to confirm your acceptance of these terms and agree to abide by them. Failure to accept these terms will preclude you from purchasing any of our services.

1.4. Business or Consumer Status

Different rights under these terms apply depending on whether you are a business or a consumer. If you are an individual purchasing services primarily for personal use, you are considered a consumer.

1.5. Agreement for Business Customers

For business customers, these terms constitute the entire agreement regarding your purchase. By accepting these terms, you acknowledge that you have not relied on any statements outside of this agreement and waive any claims for misrepresentation.

2. Information and Contact Details

2.1. Company Details

We are Dowithdodo Ltd, trading as Dodo, a registered company in England and Wales. Our company registration number is 15512148. Our registered office address is 36 Station Road, Draycott, Derby, DE72 3QB.

2.2. Our Design Team

Our architectural professionals are registered with the CIAT and adhere to their code of conduct.

2.3. Contacting Us

You can reach us by requesting a call back, email at connect@dowithdodo.com, or by mail at our registered office address.

2.4. Contacting You

We typically contact you via email and may also use phone or mail to reach you at the address provided.

2.5. Definition of "Writing"

In these terms, "writing" encompasses emails and other electronic messages we send you.

3. Website Usage

Your usage of our website is subject to our website terms of use, which contain important terms applicable to you. Please review them carefully.

4. Our Agreement with You

4.1 Your Acceptance of Our Fee Proposal

You can accept our fee proposal, by signing and returning it to the contact details provided on the proposal. By accepting our fee proposal you also agree to the payment terms set out in section 13.

4.2. Our Acceptance of Your Order

Upon receiving your accepted fee proposal and payment, we'll send you an email confirming our receipt and acceptance of your order, thus forming a contract between us.

4.3. Rejection of Your Order

If we cannot accept your order due to unforeseen resource limitations, errors in pricing or service descriptions, or inability to meet delivery deadlines, we'll promptly inform you. In such cases, you won't be charged for the services or, if already paid, we'll issue a refund.

4.4. Order Number

Upon acceptance of your order, we'll assign you an order number for reference in all communications. Kindly provide this number when contacting us about your order.

4.5. Service Limitations

Our services are currently available only for UK properties and conducted in English. However, we can accept orders from outside the UK if the property in question is located within the United Kingdom.

5. Our Offered Services

5.1. Service Standards

We commit to executing the services you've engaged us for with reasonable skill and care.

5.2. Drawing Reliability

While we strive for accuracy in our produced drawings, it's your responsibility to ensure that all drawings and measurements are verified on-site by your designated contractors before commencing work. We're not liable for inaccuracies discovered after work initiation.

5.3. Planning and Design Drawings

Planning and design drawings serve their purpose for planning and design only. For compliance with building regulations, detailed technical drawings will be necessary if your project progresses to construction.

5.4. Illustrative Drawings

Any illustrative drawings provided as part of our services are for informational purposes only and should not replace detailed technical drawings required for building regulation compliance.

5.5. Measurement Accuracy

We employ various survey methods, such as LiDAR scanning and laser and tape measurements, to enhance accuracy. However, our drawings maintain a reasonable tolerance.

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.

5.6. Your Provided Measurements

In instances where our services are provided remotely without a site visit, it's your responsibility to ensure the accuracy of any measurements you supply. We cannot accept liability for inaccuracies in measurements provided by you or any third party instructed by you. For construction projects, it's essential that your appointed contractors conduct a thorough on-site survey to confirm measurements and discuss specific requirements.

5.7. Collaboration with Other Professionals

If our services are engaged alongside other professionals, it's your responsibility to promptly communicate any relevant information held by those professionals. We won't be held liable for inaccuracies resulting from information provided by other professionals.

5.8. No Obligation to Update

We're not obligated to update any information, reports, or content provided to you to reflect events occurring after their provision.

5.9. Excluded Services

We don't guarantee securing planning permission or successfully certifying Permitted Development. Additionally:

• Our building regulations drawing package may require adjustments on-site for compliance.

• Estimates provided are for guidance only and may not be definitive.

• We don't provide title indemnity insurance or protection against title matters.

• We'll seek to identify inaccuracies in third-party drawings, but we're not liable for them.

• We may assist in preparing notices under the Party Wall etc. Act 1996 but aren't responsible for their delivery or resolution.

• You're responsible for notifying utility suppliers and obtaining necessary consents.

• We're not responsible for change of use applications, HMO licenses, or subsequent delays in your project that arise as a result of such applications.

• Should your project proceed to construction, it is your responsibility to designate someone to fulfil the responsibilities of the lead/principal design and project manager. You have the option to fulfill this role yourself, or upon request, we can provide introductions to suitable third parties. However, Dodo will not assume any responsibilities or activities associated with these roles, including but not limited to: quantity surveying, contract preparation, contract administration, on-site project management, quality checking of building work, and dispute resolution.

6. Your Rights to Request Changes

If you desire to modify the services you've requested—such as upgrading to a different package or adjusting a planning permission application after submission to your local planning authority—please contact us. We'll assess the feasibility of your request and inform you of any associated additional costs, timing adjustments, or other necessary considerations. Upon confirmation from you, we'll proceed with the requested change.

7. Our Rights to Implement Changes

We reserve the right to alter the services we provide in response to changes in relevant laws, regulatory requirements, or to implement minor technical adjustments and enhancements, such as addressing security threats. These changes will not hinder your ability to utilise our services. However, if such changes result in a significant delay in service provision, we will inform you promptly. Should the delay persist for more than 30 days, you have the option to terminate the contract and receive a refund for any outstanding services.

8. Service Provision

8.1. Commencement

We will commence services on the agreed-upon date following acceptance of your project, provided all necessary information has been provided. Upon completion of the services, all relevant documents will be sent to you.

8.2. Delays Beyond Our Control

In the event of delays caused by factors beyond our control, we will promptly inform you and take necessary steps to mitigate the impact. We will not be liable for delays resulting from such events, but you may terminate the contract and receive a refund if substantial delays are anticipated.

8.3. Information Requirement

We may require specific information from you to facilitate service provision, such as property details, preferred style, and uploads of relevant materials. Failure to provide this information within a reasonable time may result in contract termination or additional charges for extra work.

8.4. Payment Default

Failure to make timely payments may result in refusal or suspension of service provision until outstanding amounts are settled. Interest may be charged on overdue payments.

8.5. Project Management

If you are unable to proceed with your project or are unresponsive for over 10 working days, your project status will be changed to ‘Pondering’ for a temporary pause.

If your project remains as ‘Pondering’ for over 3 months with no activity, it will be archived.

At which time, the value of any undelivered services will be added to your account as credit. You will have 6 months to reactivate your project or use any remaining credit on your account. After this period, the credit will expire.

9. Your Right to Terminate the Contract

9.1. Your Option to Terminate

You have the option to terminate this contract, contingent upon factors such as the services purchased, their condition, our performance, the timing of termination, and your status as a consumer or business customer.

9.2. Termination Due to Our Actions

If you decide to terminate this contract due to reasons outlined in this clause (9.2), termination will be immediate. You'll receive a full refund for any undelivered services, and may also be entitled to compensation. These reasons include:

• Notification of an error in the price or description of ordered services without proceeding;

• Risk of significant service delay due to external events;

• Service delay of more than 30 days, as notified under clause 7;

• Legal right to terminate the contract due to our wrongdoing, such as misdescription or lack of reasonable skill and care, especially applicable to consumers.

9.3. Consumer's Right to Change Mind

Under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, consumers have 14 days to change their mind and receive a refund.

9.4. Exceptions to Consumer's Right to Change Mind

Consumer's right to change their mind doesn't apply once the services have been completed, even if within the cancellation period.

9.5. Timeframe for Consumer to Change Mind

Consumers have 14 days after project acceptance to change their mind. However, once services commence, they cannot change their mind. If canceled after work commencement, consumers must pay for services provided up to the notification date.

10. Ending the Contract

10.1. Notification of Contract Termination

To terminate the contract, inform us in writing through one of the following methods:

• Email: Connect@dowithdodo.com, providing necessary details.

• Post: to our registered office address, including order details and personal information.

Please note, if you choose to contact us via post, the notification date (date at which you tell us you’ve changed your mind) will be the date at which we receive the post, not when it is sent.

10.2. Refund Process

Refunds will be processed using the original payment method, with deductions as described in the terms.

10.3. Deductions from Refunds

For consumers changing their mind, deductions may be made for services provided until the notification date, proportionate to the contract coverage.

10.4. Refund Timeline

Refunds will be issued promptly, within 14 days of notification of the consumer's decision to change their mind.

10.5. ‘Pay In Full Discount’

If you choose to take the ‘Pay in full discount’ on your quote, you will sacrifice your eligibility for a cash refund in exchange for a discount on your order. You will still be entitled to the value of what you have paid for and not yet received, but you will only be eligible for a credit, not a cash refund. The credit will be valid for 6 months and will be calculated minus any applied discounts.

11. Our Right to Terminate the Contract

11.1. Termination Due to Breach

We reserve the right to terminate this contract if you breach it. This may occur if:

• You fail to provide necessary information within a reasonable time, as requested by us, including feedback or measurements;

• You fail to make payments when due, even after a reminder;

• You repeatedly request changes to the services ordered;

• You request service changes but refuse to accept any price increase;

• You attempt to expand the contract's scope without agreeing on pricing;

• Your behavior towards our personnel is deemed rude or abusive at our discretion.

11.2. Compensation for Contract Breach

If we terminate the contract due to situations outlined in clause 11.1, you are still entitled to the value of any prepaid amounts for undelivered services in the form of credit. However, we may deduct reasonable compensation for the net costs incurred due to the contract breach. For instance, fees for work completed by our architectural designers before termination.

If termination occurs per clause 11.1, any prepaid sums for undelivered services, minus reasonable compensation as outlined above, will be held as credit on your account, valid for six months from the credit issuance date.

12. Handling Service Issues

12.1. Contacting Us

For queries, complaints, or dissatisfaction with any aspect of our services, please contact us via phone, email, or postal mail.

12.2. Formal Complaint Process

Formal complaints will be directed to our Client Services Team and addressed accordingly.

12.3. Feedback Procedure

You may be requested to provide feedback through a review survey. If unsatisfied and considering a negative review, refrain from posting until discussing your concerns with us or completing the formal complaints procedure.

13. Pricing and Payment

13.1. Service Price

Service prices, inclusive of VAT, are as indicated in your fee proposal, or as communicated in writing.

13.2. Price Adjustment

We reserve the right to adjust service prices if the scope changes after order acceptance, seeking your agreement where possible.

13.3. VAT Rate Changes

Changes in VAT rates between order and service provision dates will be reflected in the final payment, if applicable.

13.4. Price Errors

Despite efforts to ensure accuracy, service pricing may occasionally be incorrect. We'll confirm the correct price before accepting your project.

13.5. Payment Options

Payment options, including deposit and milestone payments, will be outlined in your quote. We are currently only accepting BACS transfer.

13.6. Initial Payment

An initial upfront payment, due on appointment, is required on all projects to initiate our services.

We do not ask for a blanket upfront amount and the initial payment will vary project to project.

13.7. Purpose of Initial Payment

The initial payment is necessary to cover initial project costs, including but not limited to, preliminary design work, consultations, administrative expenses and data purchases.

Sometimes, with larger projects, the payment structure has to be front loaded slightly to allow us to cover an increased amount of work, risk and overheads before the following milestone payment.

The initial payment demonstrates your commitment to the project and enables us to allocate the necessary resources, securing our services to you.

13.8. Application of Initial Payment

The initial payment will be applied toward the total project fee, as specified in the fee proposal. Subsequent invoices will reflect the deduction of the initial payment from the total project fee.

13.9. Non-Refundable Initial Payment

On some occasions, the initial payment will be non-refundable except under circumstances where we are unable to commence or complete the work as outlined in the fee proposal. If your initial payment is non refundable it will be clearly identified as such within section 2.0 of your fee proposal.

13.10. Payment Timing

The initial payment must be made within 14 calendar days (not business days) of accepting the fee proposal and before any work commences. All other milestone payments must be made within 14 calendar days (not business days) of the invoice issue date.

13.11. Methods of Payment

All payments can be made via BACS transfer. Payment details and instructions are provided on the footer of your fee proposal.

13.12. Commencement of Work

Work on your project will commence only upon receipt of the initial payment. Any delays in making the initial payment may result in a delay in the project schedule.

13.13. Late Payment Interest & Failure to Make Payment

Late payments may incur interest at 4% above the Bank of England base rate, accruing daily from the due date until payment. In the event of late payment, we reserve the right to withhold design and drawing information until receipt of any outstanding balances.

Failure to make the required payments within the specified timeframe may also result in the cancellation of the fee proposal and the forfeiture of any agreed-upon project timelines.

13.14. No Set-off

Business customers must pay all sums due without set-off, counterclaim, deduction, or withholding, except as required by law.

13.15. Invoice Disputes

Notify us promptly if you believe an invoice is incorrect. Interest won't accrue until the dispute is resolved, after which it will be charged on correct amounts from the original due date.

13.16. Third-Party Introductions

We may introduce third parties for your consideration, such as contractors or engineers, for which we may receive a fee. However, this doesn't imply a warranty or representation of their suitability or quality of work. The choice of third party is your responsibility, and we're not liable for any loss or damage arising from their services.

14. Copyright

14.1. Ownership of Copyright

We retain full ownership of the copyright in all documents, including plans, drawings, renders, images, and reports, created during the provision of our services.

14.2. Copyright License

You are granted a license to use and copy the documents we send to you, and to permit other service providers to do the same. We, our directors, or employees bear no liability for any use beyond the intended purpose.

14.3. Revocation of License for Non-Payment

In the event of non-payment for services rendered, we reserve the right to revoke the license granted under clause 14.2 for the use and copying of documents provided to you by us. This revocation of license shall remain in effect until full payment is received for the outstanding balance. During this period, you are prohibited from using or copying any documents provided by us for any purpose, and any unauthorized use shall constitute a breach of this agreement.

15. Marketing

15.1. Right to Utilise

We reserve the right to employ any plans, drawings, renders, or images produced during our service delivery for our marketing initiatives, including displaying them on our website.

15.2. Photography Rights

Upon project commencement, if your project proceeds to construction, we retain the right to capture and publish photographs of the project, subject to reasonable access to your property.

15.3. Advertising Display

During project construction, we reserve the right to display an advertising board at the front of your property.

16. Liability for Consumer Clients

16.1. Our Responsibility

We are accountable for instances of negligence resulting in death or personal injury, or fraudulent acts by ourselves or our staff, without limitation.

If we fail to meet our obligations or act negligently, we are liable for foreseeable losses or damages incurred as a direct result, but not for unforeseeable ones. This includes damages discussed during the order process.

16.2. Client's Acknowledgment

You acknowledge control over third-party selection and absolve us of liability for their services or goods, regardless of the cause, including negligence, contract breaches, or misrepresentation.

16.3. Limitation of Damages

Except for instances outlined in 16.1, our liability is capped at a figure that can be disclosed with you upon request, which you agree is fair and reasonable. We'll rectify any property damage caused during service provision, excluding pre-existing faults or third-party damage.

17. Liability for Non-Consumer Clients

17.1. Exceptions to Liability Limitation

Our liability isn't limited for death, personal injury, fraud, or any unlawful exclusions or restrictions.

17.2. Liability Limitation

Except for instances listed in 17.1, we're not liable for various losses, including profits, business interruption, or indirect damages. Our total liability is capped at the total sums paid for services under the contract.

17.3. Exclusion of Implied Terms

Except as explicitly provided, implied terms are excluded to the fullest extent permitted by law.

18. Personal Information Usage

We'll use your personal data in accordance with our privacy policy, which you should review.

19. Other Important Terms

19.1. Transferability

We reserve the right to transfer our rights and obligations under this contract to another organization, such as a third-party purchaser of our business. However, this transfer will not affect your rights or responsibilities under this agreement.

19.2. Consent Requirement

You may only transfer your rights or obligations under this contract to another party with our written consent.

19.3. Exclusivity

This contract is solely between you and us. No other individual or entity has the authority to enforce any of its terms.

19.4. Severability

Each clause of this contract operates independently. If any clause is deemed unlawful or unenforceable by a court or relevant authority, the remaining clauses will remain valid and enforceable.

19.5. Enforcement Delay

Our failure to immediately enforce any aspect of this contract or to address breaches does not waive our right to enforce it later. For instance, if we provide services despite missed payments, we can still demand payment later.

19.6. Dispute Resolution

If a dispute arises regarding this contract, both parties will attempt to resolve it amicably. If resolution isn't achieved within 30 days, mediation may be pursued. However, mediation does not preclude either party from initiating or continuing court proceedings.

19.7. Applicable Laws for Consumers

This contract is governed by English law. Legal proceedings related to the services can be initiated in English courts. If you reside in Scotland or Northern Ireland, you may also choose to pursue legal action in courts there.

19.8. Applicable Laws for Businesses

For businesses, any disputes arising from this contract are subject to English and Welsh law. The courts of England and Wales have exclusive jurisdiction over such disputes.