Terms and Conditions



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STANDARD TERMS & CONDITIONS

 

Thank you for instructing Stuart Todd Associates Limited.  Stuart Todd Associates Limited will provide professional and independent planning support and advice in good faith, in a timely manner and in accordance with our agreed fee proposal.  Any chartered town planner working for Stuart Todd Associates Limited, and any of our Associates who are Members of the Royal Town Planning Institute (MRTPI), will adhere to the RTPI’s professional Code of Conduct, available to view on the RTPI website

 

1.

General Conditions

 

 

1.1

All engagements accepted by Stuart Todd Associates Limited are subject to the following terms of engagement except where changes are expressly agreed in writing.  No amendment or variation to these terms and conditions shall be binding on Stuart Todd Associates Limited unless in writing signed by Stuart Todd and a duly authorised representative of the Client.  These terms and conditions supersede all other oral and/or written communications, representations, agreements or undertakings and any such communications, representations, agreements and undertakings which are not expressly contained in these terms and conditions shall not be deemed incorporated herein.

 

 

1.2

For the purposes of these terms and conditions, the services to be provided by Stuart Todd Associates Limited (“the Services”) and the fees to be paid by the Client shall be as set out in the offer letter, fee proposal, tender or other document supplied by the Client in connection with these terms and conditions. 

 

 

1.3

Every care will be taken when carrying out Client instructions.  No responsibility is accepted for errors or matters beyond our reasonable control.

 

 

1.4

Stuart Todd Associates Limited operates and undertakes contracted work in a professional manner and in good faith.  Stuart Todd Associates Limited will observe the byelaws, regulations and ethical guidelines of the Royal Town Planning Institute and accept instructions to act for you on the basis that Stuart Todd Associates Limited will in accordance with those guidelines. Copies of the RTPIs Code of Professional Conduct are available from the RTPIs website www.rtpi.org.uk.

 

 

2.0

The Services

 

 

2.1

Stuart Todd Associates Limited shall perform the Services with all reasonable skill, care and diligence, but no liability shall attach to Stuart Todd Associates Limited in respect of the Services except such liability as covered by their Professional Indemnity Insurance (see clause 3.1). 

 

 

2.2

No liability shall attach to Stuart Todd Associates Limited either in contract or in tort for loss injury or damage sustained as a result of the act, omission or insolvency of any person other than Stuart Todd Associates Limited and Stuart Todd Associates Limited shall not be liable to indemnify the Client in respect of any claim made against the Client for any such loss injury or damage.

 

 

2.3

Stuart Todd Associates Limited’s liability shall be limited to that proportion of any loss or damage suffered by the Client as it would be just and equitable for Stuart Todd Associates Limited to pay having regard to the extent of Stuart Todd Associates Limited’s responsibility for the same and on the basis that all other persons liable for the same damage shall be deemed to have paid to the Client such proportion which it would be just and equitable for them to pay having regard to the extent of their responsibility.

 

 

 

3.0

Insurances

 

 

3.1

Stuart Todd Associates Limited shall have and keep in effect Professional Indemnity Insurance of up to £1,000,000, Public Liability Insurance up to £5,000,000 and Employer’s Liability Insurance.  Copies of certificates for these insurances are appended to the Standard Terms and Conditions for ease of reference. 

 

 

4.

Limitation of liability

 

 

4.1

Stuart Todd Associates Limited will endeavour to provide professional services with reasonable care and skill. However Stuart Todd Associates Limited will not be held responsible for any losses arising from the supply by you or others of incorrect of incomplete information, or a failure of you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or relevant authorities.

 

 

5.

Fees, Invoices and Payment

 

 

5.1

Our fees are calculated on the basis of the time spent on your affairs and on the level of skill and responsibility involved.  A break-down of hourly / daily rates, disbursements, etc. will be provided to the client as part of the fee proposal, tender or alongside these terms and conditions.

 

 

5.2

The fee proposal, tender and / or contract sets out costs which are inclusive of the fee. 

 

 

5.3

Stuart Todd Associates Limited shall be entitled to payment of additional fees and to reimbursement of any expenses and disbursements incurred for any additional work arising outside of the agreed Services / fee.   Stuart Todd Associates Limited will provide an estimate of such fees for the Client before commencing any additional work. 

 

 

5.4

An invoicing and payment schedule will be agreed with the Client on confirmation of the agreement of contract.  Any changes to the agreed payment schedule will be agreed between Stuart Todd Associates Limited and the Client prior to those changes coming into effect.

 

 

5.5

Invoices will be submitted as agreed in the fee proposal, tender and / or contract and prompt full payment is appreciated within 30 days of the date of each invoice.  After this time, unless agreed through prior arrangement, overdue accounts will subject to a service charge of 1% of the fee per month.  Stuart Todd Associates Limited reserves the right to suspend work on projects on-going where accounts are outstanding.

 

5.6

All fees shown are exclusive of VAT and VAT shall be payable in addition.

 

 

6.

Sub-contracting

 

 

6.1

Stuart Todd Associates Limited shall not sub-contract any part of the commission without first receiving approval from the client with a clear understanding of fees and responsibilities.

 

 

6.2

Stuart Todd Associates Limited shall have no liability for the acts or defaults of any person it introduces or recommends to the client who is not engaged by Stuart Todd Associates Limited as a sub-contractor.

 

7.

Assignment

 

 

7.1

The Client may not assign or transfer all or any part of the contract without the written consent of Stuart Todd Associates Limited.  Stuart Todd Associates Limited may not assign or transfer any part of the contract without the written consent of the Client.

 

 

7.2

Neither the Client nor Stuart Todd Associates Limited confers or purports to confer on any third party any benefit or any right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.

 

 

8.

Suspension and/or Termination

 

 

8.1

The Client or Stuart Todd Associates Limited shall be entitled to suspend or terminate the performance of the Services in the event that distress or execution is levied or threatened upon any of the other’s property or any judgement against the other remains unsatisfied for more than 14 days or the other (being an individual) is bankrupt or unable to pay his debts or seeks an arrangement with his creditors, or the other (being a company) has an administrator appointed of it or a receiver or manager or administrative receiver is appointed of it or any of its assets or it enters into liquidation or it proposes or makes any voluntary arrangement with its creditors: any petition is presented or any resolution passed or any steps or proceedings taken which may lead to any of the foregoing occurrences; the other is or is deemed to be insolvent or unable to pay its debts; or, the other ceases to carry on business.

 

 

8.2

The Client or Stuart Todd Associates Limited shall be entitled to terminate performance of the Services upon serving written notice on the other to that effect, if the other, being in breach of its obligations hereunder in any material respect, has failed within 30 days of the service of such notice to remedy such breach or breaches.

 

 

8.3

If performance of the Services has been suspended or terminated:

 

a)            Stuart Todd Associates Limited shall be entitled to send an invoice to the Client for all                 outstanding fees for the Services performed (whether wholly or in part), expenses and                 other disbursements incurred up to the date of suspension or termination; and,

 

b)            The Client shall compensate Stuart Todd Associates Limited for all subsequent and                 consequential expenses and disbursements incurred or properly to be incurred in                 consequence of suspension or termination, unless such suspension or termination by                 the Client results from a wrongful act or omission of or by Stuart Todd Associates                 Limited or sub-contractor(s) employed by them whether such act or omission be                 contractual or otherwise..

 

 

 

9.

Complaints

 

 

9.1

Any concerns over the level of service received will be dealt with in the first instance by the Director of Stuart Todd Associates Limited, Stuart Todd.

 

 

10.

Law

 

 

10.1

These terms and conditions and any contracts between the Client and Stuart Todd Associates Limited are governed by English Law.

 

 

 

 

 

Thank you for instructing Stuart Todd Associates Limited. 

 

Please sign overleaf, retain one copy and return the other to Stuart Todd Associates Limited at our postal / office address or via email to stuart@stuarttoddassociates.co.uk.

 

 

I confirm that I have read, understood and accept the Standard Terms and Conditions set out above and in any associated confirmation letter and / or agreed fee proposal. 

 

Client:

 

______________________________________________________________________________________

 

Signed on behalf of Client:  

 

______________________________________________________________________________________

 

Name and Position (block capitals):

 

______________________________________________________________________________________

 

Date:   ______________________________________________________________________________________

 

 

Signed by the Director on behalf of Stuart Todd Associates Limited: 

 

                                                                                                                                                   (Director)

 

Date:  

 

What our clients say about us ...

“…easy to work with, knowledgeable and thorough…”

“Stuart worked with Somerset Activity and Sports Partnership (SASP) to develop our Sports Facility and Playing Pitch Strategies for Bournemouth & Poole.  Stuart’s easy to work with, knowledgeable and thorough in everything he does, what Stuart said he said he’d do was done on time and to an excellent standard; he offers a bespoke service that we don’t often see in consultants, something that comes from listening, background research and attention to detail.  I’d certainly use Stuart again, whether that’s for sports related strategies or other open space plans and strategies work tying into our local planning processes.”

Michael Rowlands, Parks Development Manager, Bournemouth Borough Council

“…an outstanding choice to work with on our neighbourhood plan…”

"Stuart Todd Associates were an outstanding choice to work with on our neighbourhood plan; friendly, reliable and professional support was always there when it was most needed.  The attention to detail, intuitive understanding of communities and delivery to deadlines has been outstanding.”

Tracey Bell, Clerk, Dunkeswell Parish Council

“…high degree of technical knowledge and expertise…”

“Stuart Todd is my kind of planner - someone who sees the people that use the buildings and the land; and recognises that it’s all about enabling them to live and work happily and harmoniously with their surroundings. Stuart has a high degree of technical knowledge and expertise. He has proven adept at applying it and sharing it in a way that enables his client group to engage meaningfully with the planning process.”

Paul Weston, Community Consultant

“…an extraordinary ability to give that so important little extra…”

“Stuart Todd came to South Petherton to help the Parish Council navigate the tricky waters of neighbourhood planning.   It gives me great pleasure on behalf of the Steering Group and Parish Council to thank Stuart for his huge effort, professional commitment and knowledge, infinite patience and an extraordinary ability to give that so important little extra. It was a great pleasure to work with Stuart.”

Councillor Graham Gatehouse, South Petherton Parish Council (and Chair of the Neighbourhood Plan Steering Group)

“…always delivers on time and to a very high quality…”

We engaged Stuart following a competitive tender process to undertake the delivery of our Playing Pitch Strategy, and have worked with him previously on other Local Plan evidence base work. The scope of the work we needed was data analysis, strategy writing and action plan formulation, as well as an in depth knowledge of the Sport England methodology and a practical knowledge of its application.  Stuart is extremely meticulous and his knowledge and understanding of this area is very in-depth. His engagement with us as his client has been excellent, providing valuable and honest advice, and his work is always delivered on time and to a very high quality.  I would gladly recommend him.”

Amy Colbran, Policy Planner, Swindon Borough Council

“…an enviable eye to detail and quality of client service…”

“Stuart undertakes, completes and presents work within deadline with an enviable eye to detail and quality of client service. He is a genuine pleasure to work in partnership with. Stuart has a sociable soul with a very well-established and broad network of professional contacts to match.”

Martin Lee, Chartered Town & Country Planning Consultant, Martin Lee Associates

“…highly valued part of the team…”

“Stuart Todd has taught on our MSc in Sustainable Planning for a number of years and is highly regarded by our students. He provides expert insight into place making policy, governance and stakeholder engagement. He’s a highly valued part of the team.”

Dr Richard Southern FRGS, Dean of the School of Life and Medical Sciences, University of Hertfordshire

"...immensely satisfied with the high quality service..."

“We have been immensely satisfied with the high quality service provided by Stuart. He worked with us to develop an extremely important Business Plan which has underpinned our applications for funding to provide significant enhancements to our community. He worked to tight deadlines and presented confidently to our Project Team meetings. Stuart produced an impressively professional document at a very reasonable cost. He was very easy to work with and was consistently friendly and efficient. I wouldn’t hesitate to use his services again.”

Tatiana Cant, Town Clerk, Burnham-on-Sea and Highbridge Town Council