Terms of Appointment apply to all work carried out by JKL Planning unless agreed otherwise in writing.

In these Terms of Appointment, “we”, “us” and “our” refer to JKL Planning and “you” and “your” refer to the client.

1. Fee Estimates and Quotations

If we have given a fee estimate or quotation for work, it is given on the following basis:

An estimate is our indication, made in good faith, of the expected fee for carrying out the work concerned, based upon the information available at the time the estimate is given. An estimate is subject to review and is not a contractual commitment on our part to carry out the work for that fee; we will advise you promptly if it becomes apparent that our fees are likely to exceed an estimate that we have previously given.

A quotation is a proposal by us to carry out specific work for a stated fee and if you accept that proposal there is a contractual commitment on our part; if we are asked to do more than the specified work, the additional work will be charged at the prevailing standard hourly rates, and we also reserve the right to charge for additional work arising from circumstances known to you when our quotation was accepted but not disclosed to us at that time.

2. Orders

All orders must be in writing giving sufficient details to JKL Planning to identify any special requirements.

JKL Planning must be supplied with any necessary information relating to the Service within a sufficient time to enable JKL Planning to perform the contract in accordance with its terms.

If you cancel the order once JKL Planning has accepted it, you shall indemnify JKL Planning in full against all losses, damages, costs and expenses incurred as a result of the cancellation.

3. Payment on Account of Fees

We may ask, either at the outset of our work or as it progresses, that you make payments on account of our fees and disbursements until the appropriate interim invoice is rendered.

4. Fees, Disbursements and Expenses

Unless otherwise agreed, all work will be undertaken on a ‘time spent’ basis, exclusive of incidental expenses, and shall be charged on a monthly basis. Incidental expenses, which include such items as Ordnance Survey, travel, copying, postage and other reasonable expenses incurred in carrying out the work, shall be charged at cost. Disbursements are additional to our fee unless stated otherwise. Our fees do not include for any local authority fees.

5. Payment Terms

Payment is due on the date on the invoice, and accounts shall be settled within 14 days. If any invoice is disputed or queried, the matter must be raised within 14 days of presentation. Should payment in full not be received within that period interest shall be charged at our discretion on the outstanding amount at a rate of 8% above the bank base rate, calculated daily on a compound basis. Any expenses caused by recovery of the debt shall be added to the amount due.

6. Liability

JKL Planning undertakes to use all reasonable endeavours to ensure that the information that it provides will be accurate but it shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage resulting as a consequence of any defect, delays, interruptions, failures or inaccuracies in the Service.

JKL Planning does not exclude liability for death, personal injury or damage to property arising from the negligence of JKL Planning, its agents or its employees.

7. Documents and Drawings

Copyright in all intellectual matters, documents and drawings prepared by JKL Planning, and in any works executed from those documents and drawings shall, unless otherwise agreed in writing, remain the property of JKL Planning.

8. Suspension or Termination of Instructions

Whilst we expect to continue acting for you until the work is complete, you or we may suspend or terminate instructions at any time in writing. We will not suspend or terminate instructions without good reason, such as conflict of interests, a requirement that we break professional rules, our perception that the necessary relationship of trust does not exist, your failure to provide adequate instructions or to pay interim invoices when they are due. In the event of suspension or termination of instructions by either party, all fees and disbursements incurred to the date of the suspension or termination must be paid in full, together with any further fees and disbursements arising from the transfer of instructions to another advisor of your choice.

9. Complaints

If you are dissatisfied with our work, or wish to make a complaint, you should first raise the matter with Carole Stellman.

10. Law and Jurisdiction

Neither party shall be liable for any delay or failure to perform its obligations under this contract caused by any industrial dispute or other circumstances beyond its reasonable control.

This Agreement is personal to the Client and the Client shall not assign or transfer its rights or obligations under this Agreement to any other person, firm or company without prior written consent of JKL Planning.

In the event that any or any part of the terms, conditions or provisions contained in this contract be determined invalid, unlawful or enforceable to any extent such term, condition or provision shall be severed from the remaining terms, conditions or provisions which will continue to be valid and enforceable to the fullest extent permitted by law.

The terms or our appointment are governed by and construed in accordance with English law, and you and we agree to the non-exclusive jurisdiction of the English Courts.

Whilst reasonable care will be taken in relation to the accuracy and practicality of proposed solutions, we cannot guarantee the accuracy of Ordnance Survey, land ownership or other plans supplied or the accuracy of solutions based on such plans.

11. Hourly Rate

Planning Director £110 per hour

These rates are reviewed annually for implementation on 1st January.