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This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Architect Your Home Limited of 51a George Street, Richmond, Surrey TW9 1HJ.
Information we may collect from you
We may collect and process the following data about you:
Information that you provide by filling in the first contact form on our site www.architectyourhome.com (our site) or that you submit in any order form or in any other documents or materials relating to services requested by you. We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence.
Details of your visits to our site and the resources that you access.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We will allow the Architect and [Company] [Architect Your Home Limited] access to the Customer Home Page.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us and any third parties, or to enable third parties to carry out their obligations arising from any contracts between you and them.
To notify you about changes to our service.
Disclosure of your information
[We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.]
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Architect Your Home Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply (www.architect-yourhome.com/terms.htm) and other agreements; or to protect the rights, property, or safety of Architect Your Home Limited, our customers, or others.
This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
The Customer Home Page is a unique secure area where Architect Your Home customers stay in regular contact with their architect and dedicated Account Manager. Questions, queries and general information can be shared here as well as being able to receive drawings and invoices.
Access to our site
Access to the Customer Home Page is permitted on a temporary basis, and we reserve the right to withdraw or amend the Customer Home Page service without notice. We will not be liable if for any reason the Customer Home Page is unavailable at any time or for any period.
If you are provided with a password or any other piece of information as part of our security procedures to access the Customer Home Page, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with this term of use of the Customer Home Page.
You are responsible for making all arrangements necessary for you to have access to the Customer Home Page.
Changes to our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Legal Information
In these conditions 'ARCHITECT' means the person or company or practice whose name and address is shown on the top right hand corner of the front of the order form and on whose behalf the Company is acting as agent in concluding the Contract or such other person or company or practice agreed upon in writing between the Company and the Client to be substituted in its place.
'COMPANY' means architectyourhome ltd. whose office is situate at 51a George Street, Richmond, Surrey, TW9 1HJ
'ARCHITECT'S FEES' means the fees quoted by the Architect from time to time, for the provision of the Specified Service
'CLIENT' means the person submitting the First Contact or Order Form
'CONTRACT' means the contract for the provision of the Specified Service
'DOCUMENT' includes, in addition to any document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data, whether in electronic form or otherwise
'FIRST CONTACT FORM' means the initial completed form submitted by the Client to the Company by electronic mail or completed by the Company on initial contact by the client by telephone or other
'INPUT MATERIAL' means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service (including, but not limited to, any information provided in the First Contact Form or the Questionnaire Form) whether in electronic form or otherwise
'ORDER FORM' means the order form submitted by the Client to the Company requesting provision of the Specified Service
'OUTPUT MATERIAL' means any Documents or other materials, and any data or other information provided by the Architect relating to the Specified Service whether in electronic form or otherwise
'PROJECT' means the project to which the Specified Service relates as detailed in the Order Form
'SPECIFIED SERVICE' means the service to be provided by the Architect for the Client as detailed in the Order Form
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation. Application of Terms
2.1 These conditions are the only conditions upon which the Company and the Architect are prepared to deal with the Client and they shall govern the Contract to the exclusion of all other terms and conditions.
3.0 Supply of the specified service
3.1 The Architect shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by the Architect and the Client.
3.2 The Client shall at his own expense supply the Architect with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service, within sufficient time to enable the Architect to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material. The Architect will rely upon the accuracy of the Input Material
3.3 Responsibility for the safe keeping of all Output Material shall be at the sole risk of the Client from the time of delivery to the Client
3.4 The Specified Service shall be provided in accordance with the Order Form and otherwise in accordance with the Architect's current brochure as published on its website or other published literature relating to the Specified Service from time to time, subject to these Conditions
3.5 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in the Architect's website or other promotional literature, may be made available on written request
3.6 The Architect may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client unless such errors or omissions amount to fraudulent misrepresentation
3.7 Where the Architect cannot perform the Contract the Company shall notify the Client and with the Clients consent shall substitute another Architect in its place.
4. Charges
4.1 The Client may cancel the Contract at any time during the first seven days after the Order Form is signed by the client in which case the Client will then be refunded the total price of the Contract but where the Client agrees in writing or by e-mail to the Company that the Contract may be performed before the end of the seven days then the Client shall no longer have the right to cancel
4.2 Subject to any special terms agreed, the Client shall pay the Architect's Fees as detailed in the Order Form and any additional sums, which are agreed between the Architect and the Client for the provision of the Specified Service. Payment shall be made by debit or credit card to the Company who is authorised to accept such payment on behalf of the Architect.
4.3 Additional Fees shall be payable if the Architect, for reasons beyond its control, is involved in extra work or incurs extra expense, such as where:
The scope of the Specified Service is varied by the Client
It is necessary to vary any item of work commenced or completed due to the nature of the Project
Services by others are not provided or are delayed
The Client requests amendments to any sketch designs, scheme level drawings or detail level drawings submitted by the Architect
Provided always that no additional fees shall be incurred without the prior written authority of the Client.
4.4 All fees quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. All fees should be paid to the Company on behalf of the Architect
4.5 The Company acting on behalf of the Architect shall be entitled to invoice the Client the provision of each stage of the Specified Service
4.6 The Architect's Fees and any additional sums payable shall be paid by the Client to the Company (together with any applicable Value Added Tax, and without any set-off or other deductions) no more than 48 hours before delivery of the services. Upon submission of the Order Form, the Client shall submit a completed credit/debit card form to the Company on behalf of the Architect and hereby authorises the Company on behalf of the Architect to debit payment to the specified card 4.7 If payment is not made when due, the Company, on behalf of the Architect shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 3% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full
4.8 The Client shall pay the expenses specified in the Order Form. Expenses other than those specified shall only be charged with the prior authorisation of the Client
4.9 Where the performance of the Specified Service is suspended or terminated by the Client or suspended or terminated by the Architect because of a breach of the Contract by the Client, the Architect shall be entitled to payment of all fees and expenses incurred to the date of suspension or termination such fees to be calculated on a time basis by reference to the Architect's then current hourly rate as shown on the front of this form plus VAT, together with any expenses incurred to the date of suspension or termination.
5. Rights in Input Material and Output Material
5.1 The property and any copyright or other intellectual property rights in any Output Material shall, unless otherwise agreed in writing between the Architect and the Client, belong to the Architect
5.2 Subject to payment of the Architect's fees, the Client shall have a licence to copy and use and allow other consultants and contractors providing services to the Client to use and copy Output Material for purposes related to the Project to which the Specified Services relates, provided that:
5.2.1 The Architect shall not be liable if the Output Material is used for any purpose other than that for which it was prepared;
5.2.2 In the event of the Client being in default of payment of any fees or other amounts due, the Architect may suspend use of the licence on giving seven days notice of intention to do so. Use of the licence may be resumed on receipt of outstanding amounts
5.3 The Client warrants that any Input Material and its use by the Architect for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Architect against any loss, damages, costs, expenses or other claims arising from any such infringement
5.4 Subject to paragraph
5.3, the Architect warrants that any Output Material and its use by the Client for the purposes of utilising the Specified Service will not infringe the copyright or other rights of any third party, and the Architect shall indemnify the Client against any loss, damages, costs, expenses or other claims arising from any such infringement
6. Rights of Third Parties
For the avoidance of doubt, save as expressly provided for in this agreement nothing in this Contract shall confer or purport to confer on any third party any benefit or right to enforce any term of this Contract
7. Suspension and Termination
7.1 Either the Client or the Architect may, by giving seven days notice to the other, suspend or terminate performance of the whole or part of the Specified Services. If the performance of the Specified Service is suspended and not resumed within three months, the Architect may by notice in writing to the Client terminate the Contract
7.2 The Architect may suspend performance of the Specified Service and its obligations under the Contract on giving at least seven days notice to the Client of its intention and the grounds for doing so in the event that the Client:
7.2.1 is in default of payment of any fees or other amounts due; or
7.2.2 fails to comply with the requirements of the Construction (Design & Management) Regulations 1996 (CDM) and any subsequent applicable amendments (the majority of these Regulations do not apply to private domestic Projects)
7.3 The Architect shall resume performance of its obligations on receipt of any outstanding amounts
8. Statutory Requirements
8.1 Unless otherwise agreed in writing, the Client shall instruct the making of applications for planning permission and approval under building acts, regulations and other statutory requirements, and applications for consent by freeholders and all others having an interest in the Project. The Client shall pay any statutory charges and fees and any expenses and disbursements made in respect of such applications
8.2 Where applicable, the Client shall comply with any obligations under the CDM Regulations, including the appointment of a competent Planning Supervisor as soon as practicable
9. Other appointments
9.1 Unless otherwise expressly agreed with the Client in writing with the Architect, the Client shall appoint and pay any consultants and other persons as may be required under separate contracts. The Architects appointment shall be limited to the Specified Service as detailed in the Order Form
9.2 The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than the Architect shall:
9.2.1 hold such person responsible for the competence and performance of his services and for visits to the site in connection with work undertaken by him;
9.2.2 hold any principal Contractor and/or other Contractors responsible for his management and operational methods, for the proper carrying out and completion of their works and for health and safety provision
9.3 The Company's website contains details of consultants and other persons including surveyors, engineers and builders. Such details are provided for information purposes only and the Company makes no warranty or representation as to the competency or otherwise of such persons. In engaging such persons the Client shall rely on his own assessment and judgment
9.4 In the event of the Company being specifically instructed in writing to arrange a land survey, such survey shall be limited to the provision of measured drawings. The survey will not address the condition of any property nor its suitability for the Project nor any structural issues
10. Warranties and Liabilities
10.1 The Architect warrants to the Client that the Specified Service will be provided using reasonable care and skill in conformity with the normal standards of the Architect's profession. Where the Architect supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, the Architect does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Architect
10.2 The Architect shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client
10.3 The purpose of architectyourhome is to enable every Client access to a tailor made service, which suits their project and budget. The degree of involvement and control of each Project will vary according to each Client's requirements and resources. In recognition of the uncertainty of the degree of involvement of the Architect in any Project and to enable the Specified Service to be provided at the most competitive price possible, the Client and the Architect agree that the Architect's liability under and in connection with this Contract shall be limited AND THE CLIENT'S ATTENTION IS DRAWN IN PARTICULAR TO THE LIMITATION OF LIABILITY PROVISIONS BELOW
10.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Contract.
10.4.1 Except in respect of death or personal injury caused by the Architect or any of its employees, agents and sub-contractors negligence or fraudulent misrepresentation or as expressly provided for in these Conditions the Architect shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever and howsoever caused which arise out of or in connection with the Contract
10.5 The Architect shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Architect's obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Architect's reasonable control
10.6 Subject to clause 9.1 and without prejudice to the generality of clause 9.4, the Architect specifically does not warrant:
10.6.1 That the Specified Service will be completed in accordance with any programme or timetable for the Project;
10.6.2 That planning permission or any other statutory consent will be granted;
10.6.3 The performance, work or products of others;
10.6.4 The solvency of any other body appointed by the Client whether or not such appointment was made on the advice of the Architect