Lizben Consult’s Terms and Conditions
1.1. Who we are
We are Lizben Consult Limited, a company registered in England and Wales with company registration number 08675083. Our registered office address is 34 St Andrews Close London, SE28 8NZ United Kingdom.
1.2. How to contact us
You can contact us by telephoning us on +44 20 8089 2813 or by emailing us at admin@lizbenconsult.com.
1.3. How we may contact you
If we have to contact you, we will usually do so through the online portal on our website (located at www.lizbenconsult.com). We may also contact you by telephone or by writing to you at the email address or postal address you provided to us.
2.0 Our contract with you
2.1. How we will accept your order
You can place an order with us for the services we offer through our website. Alternatively, you can initiate a BACS transfer using the information provided in your quote. 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. With this, a contract will come into existence between you and us.
2.2. If we cannot accept your order
We will contact you If we are unable to accept your order possibly because of work limits or an error in pricing, we will contact you and will not charge you for the services you have ordered. However, if you have already paid for the services, we will send you a refund for your order.
3.0 Our services
3.1. Our statement to you
We will exercise reasonable skill and care in carrying out the services you have ordered from us.
3.2. Planning application drawings
Any planning drawings produced by us should be relied on for planning application purposes only. If your project goes to construction, you will require detailed technical building regulations drawings to comply with building regulations.
3.2.1 Measurements provided by you/ inaccuracies
Sometimes, we may provide services 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 survey and discuss your specific requirements.
Also, we cannot accept any responsibility for any inaccuracies if they occur due to restricted access. If you become aware that any measurements are inaccurate (or
you become aware of any other discrepancies), you must notify us immediately.
An outline structural input may be required by the planning authority. Client to bear cost of structural calculations if required.
3.3 Building control drawings
3.3.1. Site conditions may result in the need to make changes to the design to our building regulations drawing to ensure compliance; Guarantee cannot be given that package is fully compliant as on
3.4. Means of distributing drawings
All documents will be distributed via electronic transfer.
3.5. Project Management/ Contract Administration
If your project goes to construction you are responsible for appointing someone to undertake the duties associated with project management. You may choose to perform this role yourself or if requested we can take on the responsibilities or activities associated with this role for an agreed fee.
3.6. Working with professional colleagues
It is your responsibility to ensure that all information held by those other professionals that could be relevant to our services(whom you have appointed) is communicated to us promptly. We will not be liable for any inaccuracies in information provided to us by those other professionals.
4.0. Excluded services
4.1 Planning decisions are at the discretion of the planning Department of your local Authority. We do not offer any guarantee that any required planning permission will be secured or permitted development successfully certified. Any local authority submittal fees are excluded Client to pay Council fees if required.
Furthermore, please note the following:
4.2. Specialist advice in matters relating to property boundary and other covenants, easements and/or restrictions (including any planning requirements and/or restrictions) are not our responsibility. You will have to appoint specialist for these tasks if required
4.3.1 Party wall agreement coordination is excluded. 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;
4.3.2 Common drain within property may require application to Thames Water for a build over agreement. This is an additional service
4.3.3. We cannot accept any responsibility for your failure to notify or, seek consent from, the freeholder or leaseholder (as the case may be) of the relevant property if your project goes to construction.
4.3.4. We cannot accept any responsibility for your failure to notify any third party utility suppliers whose services to the property may be affected by the project if your project goes to construction.
4.3.5. 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;
4.3.6. 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.
4.3.7. 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
5.0.Providing the services
5.1. Your rights to make changes
Changes or modifications can be made to selected packages. (for example, you wish to upgrade to a different package or amend a planning permission application after its submission to your local planning authority), contact us. We will let you know if the change you require is possible. If it is possible, we will let you know about any additional cost, the time it will take and any other 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.
5.2. Your rights to end this contract
5.21. 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.
5.2.2. 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.
5.2.3. 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.
5.2.4. 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.
5.2.5. How to end your contract with us: To end this contract, please let us know
by Phone or email. Call us on +44 208 089 2813 or email us at admin@lizbenconsult.com Please provide your name, home address, details of your order including your reference number and your phone number.
5.2.6. How we will refund you: If you are entitled to a refund under these terms, we will refund you by BACS. We may make deductions from the price you paid for the services, as described in these terms.
5.2.7. 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.
6.0. Our rights to end the contract
6.1. We may end this contract if you break it. We may end this contract at any time by writing to you if:
- 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;
- You repeatedly request changes to the services you have ordered;
- You request a change to the services you have ordered, but are unwilling to accept any increase in the price for those services;
- You seek to include further work within the scope of the contract between us without agreeing a price for any such additional work; or
- You behave towards our personnel in a manner which we, in our sole discretion, consider to be abusive.
7.0. Payments
7.1. 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
7.2. We may refuse to provide, or suspend provision of, the services if you do not pay
7.3. 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 inform you that we are doing this). However, we will not do this where you correctly dispute an unpaid invoice.
7.4. Our right to increase the price for our services
Any design alteration after sketches are agreed will be at additional fees 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 one set of revisions as we offer maximum of 3 revisions) to any plans or a whole new design. In such circumstances, we will, where practicable, seek your agreement to increase price
7.5. If we got the price wrong
We will normally check prices before accepting your project and we will contact you for your instructions before we accept your project. If we got the price wrong, we will inform you before accepting your order.
7.6. Introductions and referrals
If, in the course of providing our services to you, we introduce or refer work to a third party (for example, a party wall surveyor, structural engineer, party wall surveyor, building control surveyor, 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.
8.0. Copyright
8.1. 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 you ordered.
8.2. 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.
9.0. Marketing
9.1. 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.
9.2. 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.
10.0. 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.
11.0. Other important terms
11.1. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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
11.2. Dispute resolution
If a dispute arises out of, or in connection with, this contract or its performance, 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 using a mediator nominated by CEDR.
12.0. Reviews
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.