Terms & Conditions of Appointment

1. These terms

What these terms cover. These are the terms and conditions on which you appoint us to provide services to you. You will be asked to confirm your express agreement to these terms and conditions when you place an order for our services, via our website or otherwise.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

Who we are. We are My-Architect Studio LLP an architect’s partnership registered in England and Wales. Our registration number is OC433385 and our registered office is at 58 Noel Road, London, N1 8HB.
How to contact us. You can contact us by telephone on +44 (0)7971 531 979 or by writing to us at harry.molyneux@my-architect.io and 58 Noel Road, London, N1 8HB.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when appointing us.

3. Our Services

We provide the following services:

Service	Description
Planning Design	A full 3D property survey is conducted, with design and collaboration time tailored to project size and complexity, to prepare planning designs and drawings, followed by planning application submission if needed.
Technical Design	A basic set of building regulations drawings, lighting/electrical layouts, and plumbing plans are prepared, with introductions to third-party consultants like structural engineers if needed. Bespoke details for unique designs are charged separately.
Interior Assistance	If needed, design time can be allocated to create an optional “Interior Concept Pack,” including mood boards, layouts, precedents, internal elevations, and 3D renders.
Tender Assistance	After completing the drawings, a detailed scope of works is prepared outlining all required products and services. You will finalise a “shopping list” of finishes, followed by introductions to three contractors.
Project Assistance	Includes agreed time for tender management after contractor introductions and agreed time per month for project oversight, including one site visit and follow-up layout drawings as needed.
Project Oversight	Includes project support with up to one weekly site visit, followed by formal meeting minutes and a report detailing completed work, outstanding tasks, and any dependencies requiring attention.
Fixed Fee Services	Certain services, such as lighting layouts, electrical plans, and similar design elements, are offered on a fixed-fee basis. These services adhere to a structured process to ensure efficiency and clarity: Design Session – The client will have one dedicated design session with an architect to establish preferences, requirements, and key considerations. Draft Issue – Following the design session, an initial draft of the design will be provided for review. Client Feedback and One Revision Opportunity – Clients may submit feedback, with one round of revisions permitted to refine the design. Any further revisions beyond this will be charged at our standard hourly rates. Final Issue – After incorporating the client’s feedback, a final version of the design will be issued. This final version is fixed and considered complete.
Principal Designer Services	Where required by law, you must appoint a Principal Designer under the Construction (Design and Management) Regulations 2015 (“CDM Regulations”) and the Building Safety Act 2022 together with the Building Regulations (as amended from October 2023). If you appoint us in this role, our duties will include coordinating health and safety matters during the pre-construction phase, preparing and maintaining the Health and Safety File, and ensuring that design work is properly managed to demonstrate compliance with Building Regulations. These services are charged at our standard hourly rate of £125/hour, typically equating to 2–3 hours per month during the pre-construction phase, unless otherwise agreed in writing.

4. Our contract with you

How we will accept your appointment of us. Our acceptance of your appointment of us to provide services will take place when we email you to accept it, at which point a contract will come into existence between you and us. Before we email you, any promotion of services on our website or in other materials does not constitute an offer but is simply an invitation to you to offer to appoint us to provide our services on these terms and conditions.
We reserve the right not to provide our services to you. We may not be able to accept your appointment of us because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
If we cannot accept your appointment of us. If we are unable to accept your appointment with us, we will inform you of this and will not charge you for the services. If you have already paid for the services, we will refund you the full amount charged as soon as possible.
Limitations of Service. During the pre-construction phase, our contract will only cover our provision of the Design & Planning services and, if requested, the Scope of Works & Tender services described above. The implementation and build of any design we create will be carried out by your selected Construction Professionals (as defined below) under a separate contract, and will not be carried out by us. Our services during construction are limited to recording, organising, and reporting on the information pertaining to your project. We do not instruct any parties to take action nor are we responsible for ensuring that your project is delivered on time or within budget. The contractual obligations relating to the delivery and budget of the project are between you and the Builder.
Assistance Services: We will provide Services to assist you in tracking the Deliverables of your extension or home renovation project. This will involve recording and organizing project-related information in an easily digestible manner for both you and your builder (“Builder”).
Project Assistance Reporting: We will document the status of the project through meeting minutes and video records, which will be written up into a comprehensive report. This report will detail the progress of the project, including deliverables achieved, the work completed, and payments due. These reports will be provided bi-weekly.

5. Definitions and interpretation

The following definitions and rules of interpretation apply in this appointment:

Additional Fee: the amount payable by us to you for the Additional Services under this appointment.
Additional Services: the additional services we agree to provide to you in accordance with clause 13.
Act. The Housing Grants Construction and Regeneration Act of 1996.
Basic Fee: the amount payable by us to you for the Basic Services under this appointment.
Basic Services: the specific Design and Planning and/or Scope of Works and Tender services (each as explained in clause 3 above) to be provided for the Project, as set out in the Quotation,
Builder: The Company or individual undertaking the construction phase of your Project.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Construction Professional: people or businesses providing construction related services like structural engineers, party wall surveyors, including building contractors.
Deliverables Whether in physical or digital format may include:
1. Design and Planning Documentation: 3D and 2D surveys, architectural drawings for planning and building control approval, interior design concept layouts, mood boards, visualisations, and lighting, plumbing, and electrical layout drawings.
2. Project Reporting: Meeting minutes and summaries, planning statements, photographic and videographic recordings of site visits, and scope of works documentation.
3. Regulatory Submissions: Planning application materials and building control full plans applications, prepared in accordance with applicable planning legislation and building regulations.
4. Collaborative Outputs: Coordinated drawings and designs requiring input from third-party professionals, such as structural engineers, builders, or suppliers.
Fee: The Basic Fee and the Additional Fee (if any).
Material: all designs, drawings, models, plans, specifications, design details, photographs, brochures, reports, notes of meetings, CAD materials, calculations, data, databases, schedules, programmes, bills of quantities, budgets and any other materials provided in connection with the Project and all updates, amendments, additions and revisions to them and any works, designs, or inventions incorporated or referred to in them for any purpose relating to the Project.
Project: the project to be carried out at the Property, as described in the Quotation
Property: the property at which the Project will be carried out, the address of which is set out in the Quotation.
Quotation: the document sent by us to you setting out the proposed Services.
Services: The Basic Services and the Additional Services (if any).
References to clauses are to the clauses of this appointment, but clause headings shall not affect the interpretation of this appointment.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
This appointment shall be binding on, and enure to the benefit of, the parties to this appointment and their respective personal representatives, successors and assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
Unless expressly provided otherwise in this appointment, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time, and a reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislation or legislative provision.
Any reference to a party’s consent or approval being required is to a consent or approval in writing which must be obtained before the relevant act is taken or event occurs.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
A reference to writing or written includes email.
Unless this appointment otherwise expressly provides, a reference to the Property or the Project is to the whole and any part of it.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
CDM Regulations: The Construction (Design and Management) Regulations 2015 (as amended).
Building Safety Legislation: The Building Safety Act 2022 and secondary legislation, including amendments to the Building Regulations effective from October 2023.
Principal Designer: The dutyholder appointed by the Client under the CDM Regulations and/or the Building Safety Legislation to plan, manage and monitor design work to ensure, so far as reasonably practicable, that the project is carried out without risks to health or safety and in compliance with Building Regulations.

6. Our Obligations

We will provide the Services set out in the Quotation.
Subject to clause 6.3, we warrant and undertake that we will:
1. Comply with the terms of this appointment.
2. Not, without your written consent, make any material change to the designs or specifications for the Project after they have been settled or approved.
3. Regularly liaise with any Construction Professionals engaged on the Project until such time as the management and/or implementation of the Project is handed over to one or more other Construction Professionals.
4. Provide design iterations and professional advice on the legislative frameworks with which the building must comply until such time as up to the point the management and/or implementation of the Project is handed over to one or more other Construction Professionals.
When performing the Services, we undertake that we will exercise all the reasonable skill, care and diligence to be expected of a qualified and experienced member of our profession undertaking works of similar in scope and character to the Project and:
1. Not to specify for use in the Project any materials, equipment, products or kits, which, at the time of specification or use, are generally accepted, or generally suspected, in the construction industry at the relevant time as:
  1. Posing a threat to the health and safety of any person;
  2. Posing a threat to the structural stability, performance or physical integrity of the Project or any part or component of the Project.
  3. Reducing, or possibly reducing, the normal life expectancy of the Project or any part or component of the Project.
  4. Not being in accordance with any relevant British Standard, relevant code of practice, good building practice or any applicable agreement certificate issued by the British Board of Agreement.
  5. Having been supplied or placed on the market in breach of the Construction Products Regulations.
To comply with any statutory requirements, secondary legislation, regulations, bye-laws and planning agreements, obligations and consents when performing the Services including (without limitation) the CDM Regulations and the Building Safety Legislation, where applicable to the Services.
To perform the Services and prepare all Material for those elements of the Project for which we are responsible according to the Project programme agreed between you and us or, in the absence of a Project programme, in sufficient time to facilitate the efficient progress of the Project.
Our duties or liabilities under this appointment shall not be negated or diminished by any approval, inspection, test or omission to approve, inspect or test, by you or on your behalf.
Notwithstanding clause 9.3 below (Construction Professional introductory fee), the Services we will provide do not include, and we make no warranty or undertaking in relation to, the implementation and/or build by any Construction Professional of any design, irrespective of whether it is a design we create for you and of whether the implementation and/or build is carried out by one or more Construction Professionals selected following the Scope & Works Tender services we provide.

7. Your obligations

To pay our Fees when invoiced for.
To respond in a timely manner to requests for information
To make decisions in relation to the Project in timely fashion
Principal Designer Appointment: Where your project involves more than one contractor, you are legally required to appoint a Principal Designer under the CDM Regulations, and where applicable under the Building Safety Legislation. Unless you appoint another suitably competent consultant in writing, you must appoint us in this role. If you appoint us, our fees for acting as Principal Designer will be charged at £125/hour, usually 2–3 hours per month during the pre-construction phase. If you do not appoint us, you remain legally responsible for the duties of the Principal Designer, and we accept no liability for those duties unless formally appointed in writing.
Permit us or our designated photographer to take photographs of the Project during the course of the Works and after its completion. We will give you reasonable notice of the visit of any photographer.

8. Our authority

Notwithstanding any other provision of this appointment, other than in an emergency or with your prior written consent, we have no authority to:

Make or instruct any material alteration to the Project or our Services;
Vary, terminate or waive compliance with the terms of any building contract or professional appointment relating to the Project;
Enter into any contract, commitment or undertaking on your behalf; or
Without prejudice to clause 7.3, issue any instruction or notice under a building contract or professional appointment relating to the Project that:
1. Delays the Project.
2. Increases the cost of the Project.

9.Remuneration

You will pay us:
1. The Basic Fee as full remuneration for the Basic Services.
2. The Additional Fee as full remuneration for any Additional Services.
The Fee together with any expenses and disbursements as referred to in clause 8.3 will be our entire remuneration by you under this appointment.
If you select a Construction Professional following our provision of Scope & Works Tender services, we will additionally charge such Construction Professional an introductory fee of up to 5% of the overall construction cost, which is taken out of their profit and charged as a marketing expense.
You will reimburse us for any expenses or disbursements set out in the Quotation. All other expenses and disbursements incurred by us are deemed to be included in the Fee. Any expenses or disbursements payable by you to us shall be included in the next invoice after they are incurred and paid by you in accordance with clause 9.
You will pay us any VAT properly chargeable on the Services and any amount expressed as payable to us under this appointment is exclusive of VAT unless stated otherwise.

10. Charging for Additional Work Outside the Agreed Scope

At My/Architect, we strive to provide a clear and transparent fee structure. Our services are based on a defined scope of work, and we allocate the necessary time to complete each stage efficiently. However, if additional work outside the agreed scope arises, we apply the following approach to ensure fairness and clarity:
We monitor time spent on each project to ensure it aligns with the agreed service scope.
Any work that requires additional time beyond the original agreement—whether for design, revisions, or extended communication—will be tracked and recorded.
Scope creep occurs when extra design iterations, extended meetings, or additional coordination beyond the agreed service level are required. If this happens:
We will inform the client in advance if additional time is needed beyond the agreed scope.
Any additional work will be charged at our standard hourly rate of £150+VAT for architects and designers and £250+VAT for partners, unless otherwise agreed in writing.
We will provide an estimate of the extra time required before proceeding with the additional work.
If extra time is required, we will seek approval from the client before proceeding.
Additional work will be invoiced upon reaching the agreed milestone or at the end of the relevant stage.
If significant scope changes occur, we may propose a revised fee structure to reflect the new requirements.

11. Payment

The Fee must be calculated and paid in instalments in accordance with the Quotation. If not set out in the Quotation, the Fee must be paid at intervals of not less than 30 days, beginning one month after we begin performing the Services.
We will submit to you an invoice for each instalment of Fee, together with any supporting documents that are reasonably necessary to check the invoice. The invoice and supporting documents (if any) shall specify the sum that we consider will become due on the payment due date in respect of the instalment of the Fee, and the basis on which that sum is calculated.
Payment will be due on the date you receive each invoice, and becomes finally due 30 days later.
If you do have any query or wish to say that our computation of fees is wrong then you must set out in writing to us why this is so within 10 days of your receipt of the Invoice. If you fail to make any such written objection you are to be taken to have accepted that the invoice is due.
If you fail to pay an amount due to us by the final date for payment, then you will pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate. Such interest shall accrue on a daily basis from the final date for payment until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

12. Adjusting the Fee

The Fee will be adjusted if the performance of the Services is materially delayed or disrupted due to a change in the scope, size, complexity or duration of the Project, provided that we will not be entitled to any adjustment of the Fee where delay or disruption arises from our default or negligence, or the default or negligence of our sub-contractors or suppliers (if any).
We will notify you of our intention to claim an adjustment to the Fee as soon as reasonably practicable after we become aware of any material delay or disruption to the Services.
Unless the parties agree otherwise, any adjustment of the Fee under clause 9.1 shall be a reasonable amount and calculated by reference to any time charges set out in the Quotation.

13. Additional Services

We will perform an Additional Service upon receipt of a written instruction to do so from you.
Unless the parties agree otherwise, the Additional Fee shall be a reasonable amount calculated by reference to any time charges set out the Quotation, provided that no Additional Fee shall be payable if the requirement for an Additional Service arises from our default or negligence, or the default or negligence of our sub-contractors or suppliers (if any).
Any Additional Fee payable by you shall be included in the next invoice following performance of the Additional Service to which it relates.

14. Termination

Our appointment will end when we have provided the Services and the management and/or implementation of the Project is handed over to one or more other Construction Professionals.
You may terminate your engagement under this appointment at any time by giving ten Business Days’ notice in writing to us. Additionally in the first 14 days after signing this Agreement you may terminate the appointment without Notice as long as we are informed by e-mail or letter, The Appointment will be terminated in this 14-day period as soon as we receive the notice. If we have undertaken work on your instruction during this period at your request, we are entitled to charge for it at the rates given in this appointment.
If there is no communication from the Client for a period of one (1) month, we will issue a written warning via email. If no progress is made within a further one (1) month, the project will be considered inactive and will be archived.

To reactivate an archived project:

The Client must pay a re-activation fee of £500 before work resumes. The project will be rescheduled into the architect’s workload based on existing commitments, which may result in delays.
We reserve the right to adjust any previously agreed fees for services that may require rework, updates, or revisions following the reactivation. The adjusted fees will be communicated and agreed upon before resuming work.
If the project remains inactive for more than six (6) months, a full reassessment of scope, timeline, and fees may be required before re-engagement.

Either we or you may immediately terminate our engagement under this appointment by giving written notice to the other party if:
1. The other party is in material breach of its obligations under this appointment and fails to remedy such breach within ten Business Days of receiving written notice requiring it to do so; or
2. The other party becomes insolvent as defined in the Act.

Right to Terminate for Operational Reasons

We reserve the right to terminate any ongoing engagement, in whole or in part, where continued provision of services is not commercially or operationally viable due to resource limitations, restructuring, or other business circumstances beyond our reasonable control.
In such cases, we will provide the Client with written notice of not less than ten (10) Business Days. The Client will remain liable for payment for all Services properly performed up to the termination date, including any agreed expenses or disbursements.
Following termination, we will provide all completed materials to date and, where reasonably possible, assist in the transition to another professional.

15. Consequences of Termination

On termination in accordance with clause 14, you shall pay us:
1. Any amount properly due for payment under this appointment at the date of termination; and
2. A fair and reasonable proportion of the next instalment of the Fee, together with any expenses and disbursements, commensurate with the Services properly performed at the date of termination.
If our engagement under this appointment is terminated:
1. By you in accordance with clause 14.2; or
2. By us in accordance with clause 14.3,
3. You shall also pay any expenses and disbursements necessarily incurred by us as a direct result of termination.
Payment under 13.1 and 13.2 (if any) shall be:
1. Our sole entitlement to compensation for termination of our engagement under this appointment; and
2. Claimed by us as if it was a payment under 9.
Except as set out in 13.1 and 13.2, we shall not be liable to you for:
1. Any costs, expenses, disbursements or losses;
2. Any loss of profits, loss of fees, loss of chance or other similar losses; or
3. Any indirect losses or consequential losses.
4. Arising out of termination of our engagement under this appointment.
Termination of our engagement under this appointment shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this appointment which existed at or before the date of termination.

16. Assignment and Subcontracting

We may not assign or transfer our obligations under this appointment to any other person and you may not assign or transfer your rights under this appointment to any other person.
We shall not subcontract the performance of any of the Services without your prior written consent. We shall be responsible for any services we sub-contract to a third party as if we had performed such services ourselves.

17. Copyright

We own all intellectual property rights (including copyright) relating to the Material we produce.
We grant you, with immediate effect, an irrevocable, non-exclusive, non-terminable, royalty-free licence to copy and make full use of any Material prepared by, or on behalf of, us for any purpose relating to the Project and the Property, including the design, construction, completion, reconstruction, modification, refurbishment, development, maintenance, facilities management, funding, disposal, letting, fitting-out, advertisement, decommissioning, demolition, reinstatement, extension, building information modelling and repair of the Property and the Project.
The licence in clause 17.2 allows you to use the Material in connection with any extension of the Project, but not to reproduce the designs contained in the Material in any such extension.
The licence in clause 17.2 carries the right to grant sub-licences and is transferable to third parties with our prior consent.
You shall not be liable for use of the Material for any purpose other than that for which it was prepared and/or provided.
We may at any time (whether before or after completion of the Services, or after termination of your engagement under this appointment) request a copy or copies of (some or all of) the Material from you. On our payment of your reasonable charges for providing the copy (or copies), you shall provide the copy (or copies) to us.

18. Confidentiality

Neither we nor you shall at any time during this appointment, and for a period of two years after termination of our engagement under this appointment, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 18.2.
Each party may disclose the other party’s confidential information:
1. To its employees, officers, representatives, contractors, sub-contractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this appointment. Each party shall ensure that its employees, officers, representatives, contractors, sub-contractors or advisers to whom it discloses the other party’s confidential information comply with this clause 18; and
2. As may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority.
Neither we nor you shall use any other party’s confidential information for any purpose other than to exercise our rights or perform our respective obligations under or in connection with this appointment.

19. Professional Indemnity Insurance

We shall maintain professional indemnity insurance for an amount of at least £750,000 in the annual aggregate for a period beginning on the date of this appointment and ending six years after the date of practical completion of the Project, provided that such insurance is available at commercially reasonable rates and terms.
We shall immediately inform you if our required professional indemnity insurance ceases to be available at commercially reasonable rates and terms, so that you can discuss with us how best to protect your and our respective positions regarding the Project and the Property, without that insurance.
Whenever you reasonably request, we shall send you evidence that our professional indemnity insurance is in force.

20. Limitation of liability

We will not be liable for the implementation and build by any Construction Professional of any design, whether or not the design is one we have created for you in providing Design & Planning services, and whether or not you select the Construction Professional following provision of Scope of Works & Tender services by us.
Without affecting any other limitation in this appointment, our liability under or in connection with this appointment shall be limited to the amount of our Professional Indemnity cover.

21. Notices

Any notice or other communication given to a party under or in connection with this appointment shall be in writing and shall be:
1. Delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
2. Sent by email to the address specified in clauses 2.2 and 2.3.
Any notice or communication shall be deemed to have been received:
If delivered by hand, at the time the notice is left at the proper address;
If sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
1. If sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this paragraph (c), business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause 21 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

22. Disputes

In the event of a dispute arising out of or in connection with this appointment we shall attempt to resolve it by discussion, or if both parties agree by mediation, by a mediator appointed by the RIBA. We will share the costs of the mediator equally.
Alternatively, either party may take the dispute to adjudication as defined by the Act, save that the adjudicator shall have the power to award the parties their costs of the adjudication.

23. Complaints

If you have a complaint about our services, please ask us for a copy of complaints procedure.

24. Third Party Rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

25. Scope of Appointment

This appointment takes effect from the date when we commence performance of the Services, regardless of the date of this appointment.
This appointment constitutes the entire agreement between us and you and supersedes and extinguishes all previous appointments, agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into this appointment it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this appointment.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this appointment.
Nothing in this clause 25 shall limit or exclude any liability for fraud.

26. No Oral Variation

No variation of this appointment shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

27. Governing law

This appointment and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

28. Jurisdiction

We and you irrevocably agree that the courts of England and Wales shall have the final and exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this appointment or its subject matter or formation.