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Terms of Service

The following standard condition of engagement will apply to any contract between the parties unless specifically amended in writing by J&M Planning Ltd prior to the commencement of work. The Client is the person, company, authority, agency, or other body who instructs J&M Planning Ltd to carry out work. The Contract is between the Client and J&M Planning Ltd.

1 Interpretation

1.1 Definitions. In these Conditions, the following definitions apply:

  • Charges: the charges payable by the Client for the supply of the Services in accordance with clause 5.
  • Conditions: these terms and conditions as reviewed and amended yearly on 1st April.
  • Contract: the contract between J&M Planning Ltd and the Client for the supply of Services in accordance with these Conditions.
  • Services: the services supplied by J&M Planning Ltd to the Client as set out in the Fee Quotation or Fee Estimate.
  • Director: a formal appointment of J&M Planning Ltd to a person acting as a Director of the business.

1.2 Construction. In these Conditions, the following rules apply:

  • a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
  • b) a reference to a party includes its personal representatives, successors, or permitted assigns; a reference to a statute or statutory provision is reference to such statute or statutory provision as amended or reenacted;
  • c) any phrase introduced by the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
  • d) a reference to writing or written includes faxes and e-mails.

2 Basis of Contract

2.1 The Contract constitutes the entire agreement between the Parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of J&M Planning Ltd which is not set out in the Contract.

2.2 Any samples, drawings, descriptive matter, or advertising issued by J&M Planning Ltd, and any descriptions or illustrations contained in J&M Planning Ltd's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

3 Supply of Services

3.1 J&M Planning Ltd shall supply the Services to the Client in accordance with the contract if an instruction letter which may be amended by agreement between J&M Planning Ltd and the Client.

3.2 J&M Planning Ltd shall use all reasonable endeavors to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

3.3 J&M Planning Ltd shall have the right to make any changes to the Services that are necessary to comply with any applicable law or safety requirement or that do not materially affect the nature or quality of the Services, and J&M Planning Ltd shall notify the Client in any such event.

3.4 J&M Planning Ltd warrants to the Client that the Services will be provided using reasonable care and skill. Any advice given is given 'without prejudice' and does not bind J&M Planning Ltd to a particular outcome.

4 Client's Obligations

4.1 The Client shall:

  • a) ensure that the terms of engagement are complete and accurate;
  • b) co-operate with J&M Planning Ltd in all matters relating to the Services; and
  • c) provide J&M Planning Ltd with such information and materials as J&M Planning Ltd may reasonably require to supply the Services and ensure that such information is accurate in all material respects.

4.2 If J&M Planning Ltd's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or a failure by the Client to perform any relevant obligation (Client Default):

  • a) J&M Planning Ltd shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Client remedies the Client Default and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays J&M Planning Ltd's performance of any of its obligations;
  • b) J&M Planning Ltd shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from J&M Planning Ltd's failure or delay to perform any of its obligations as set out in this clause; and
  • c) the Client shall reimburse J&M Planning Ltd on written demand for any costs or losses sustained or incurred by J&M Planning Ltd arising directly or indirectly from the Client Default.

5 Charges and Payment

5.1 The Charges for the Services shall be on a time and materials basis:

  • a) the Charges shall be calculated in accordance with the annexed schedule of services (the scale of rates will be reviewed annually on 1 April) or in accordance with any fee arrangement that is agreed in writing between J&M Planning Ltd and the Client;
  • b) J&M Planning Ltd shall be entitled to charge the Client for any expenses reasonably incurred by the individuals whom J&M Planning Ltd engages in connection withthe Services, including but not limited to traveling expenses, hotel costs, subsistence, and any associated expenses, as well as the cost of services provided by third parties required by J&M Planning Ltd for the performance of the Services, and the cost of any materials. Exceptional items of expenditure will be agreed upon in advance;
  • c) Fee estimates for the Services will be provided upon request. Fee estimate figures are based on experience, but as each project is unique, the fee estimate figure should be taken as a guide only and not as a fixed price. J&M Planning Ltd will endeavor to inform the Client when a budget guide figure is being reached; and
  • d) All fee proposals exclude Local Authority costs. Such fees will be paid directly by the Client to the relevant Local Authority. It is understood that the Planning Permission itself is beyond J&M Planning Ltd's control, and no guarantee of its approval can be given.

5.2 In cases where the fee estimate for Services amounts to a sum greater than £1,000.00, the Client shall pay a deposit of not less than 50% of the total figure provided in the fee estimate to initiate the commencement of the delivery of Services by J&M Planning Ltd, in accordance with the terms of this Contract. If the fee estimate for Services amounts to a sum of £1,000.00 or less, the Client shall pay the full balance of the fee estimate as the deposit. The Client acknowledges that the delivery of Services will not commence according to this Contract until the deposit has cleared in J&M Planning Ltd's accounts. Under no circumstance shall the deposit be refunded or returned by J&M Planning Ltd to the Client if the Contract is terminated by the Client.

5.3 J&M Planning Ltd shall invoice the Client for the balance of the fee estimate just prior to the submission of any application or appeal, deducting the deposit paid from the balance invoice. For any additional Services provided under the terms of this Contract but not specifically detailed in the fee estimate, J&M Planning Ltd shall invoice the Client monthly in arrears.

5.4 The Client shall pay the outstanding balance of each invoice submitted by J&M Planning Ltd within 14 days of the invoice date and prior to submission. Time for payment shall be of the essence of the Contract.

5.5 All amounts payable by the Client under the Contract are exclusive of value-added tax (VAT).

5.6 If the Client fails to make any payment due to J&M Planning Ltd under the Contract by the due date, the Client shall pay interest on the overdue amount at a rate of 3% per annum above the Bank of England base rate. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. In the event that payment is not made by the due date, J&M Planning Ltd retains the right to stop all work in respect of any Contract between the Client and J&M Planning Ltd.

5.7 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction, or withholding, except for any deduction or withholding required by law. J&M Planning Ltd may, at any time and without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by J&M Planning Ltd to the Client.

6 Intellectual Property Rights

6.1 All Intellectual Property Rights arisingout of or in connection with the Services shall be owned by J&M Planning Ltd.

6.2 The Client acknowledges that, in respect of any third-party Intellectual Property Rights, the Client's use of such Intellectual Property Rights is conditional upon J&M Planning Ltd obtaining a written license from the relevant licensor on terms that entitle J&M Planning Ltd to license such rights to the Client.

7 Confidentiality

7.1 The receiving party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, or initiatives that are of a confidential nature and have been disclosed to the receiving party by the disclosing party, its employees, agents, or subcontractors, as well as any other confidential information concerning the disclosing party's business, its products, and services, which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents, and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that such employees, agents, and subcontractors are bound by appropriate confidentiality obligations.