Terms and conditions

Kelp Studio South East Ltd, terms of engagement
Last updated: 15 October 2026

We will use reasonable skill, care and diligence in the performance of the Services. We will also comply with any agreed programme unless we are prevented from doing so for reasons beyond our reasonable control.
You will provide us with all the information in your possession that is relevant to the Services or which we will reasonably request from you. You will also give us in good time the decisions, consents and approvals we need.
As part of the Services and for the purposes of the Construction (Design and Management) Regulations 2015 we confirm that we will carry out our duties as Designer.
We will keep you informed as to the progress of the Services and inform you promptly of any issue which could significantly affect the scope of the Services the performance of the Services or the fees. There are circumstances in which costs will change.
We will not without prior written consent disclose to any person any private or confidential information concerning you or the Project except in the proper course of our business or to our professional advisors or insurers as required or permitted by law.
Our fees and expenses for the performance of the Services do not include any charges payable by us to local or other authorities for seeking and/or applying for any statutory or other permission. We will inform you in advance of any such charges, for which you will reimburse us separately.
Should it become necessary to change the Services or provide additional Services we will agree with you any alteration to the fees before commencing the changed or additional Services. These terms will apply to any changed or additional Services.
By undertaking a Site Visit this does not constitute a full Structural Survey and as such we do not accept liability for inspecting/checking all structural elements installed/existing and their condition/bearing/installation quality.
Each of our invoices is to be paid by you within fourteen days of the date of its receipt by you.
Interest will be added at the rate of 4% over the Bank of England base rate to all amounts remaining unpaid after the fourteen day period above together with our reasonable costs in pursuing the debt.
Our total liability under or in connection with this Agreement, whether in contract or in tort (or delict) in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) will not exceed the sum of three times the agreed fee.
If our fees are not paid in full and remain outstanding then our liability is null and void.
We will maintain professional indemnity insurance in an amount and for the length of time sufficient to cover our liabilities under this Agreement subject to all the exceptions, exclusions and limitations to the scope of cover that are commonly included in such insurance policies and subject to such insurance being available at commercially reasonable rates. We will accept liability terms of payment of not more than three times our fee.
Either you may terminate or we may terminate this Agreement at any time by giving seven days’ notice in writing to the other (including in the circumstances where we are unable to continue to perform the Services) or immediately by notice in writing if the other is in material breach of this Agreement which acts and/or omissions relied on shall have been previously notified in writing and an opportunity given to the Party in breach to take expeditious steps to remedy the breach provided.
If circumstances arise for which the Consultant is not responsible and which the Consultant considers make it irresponsible for the Consultant to perform all or any part of the Services the Consultant shall be entitled to terminate the appointment of the Consultant by two weeks’ Notice in respect of all or part of the Services.
In the event of termination other than for our material breach, you will pay us a fair and reasonable amount commensurate with the Services performed up to the date of termination.
Termination of our appointment under this Agreement shall not prejudice or affect the accrued rights of either you or us.
This Agreement is subject to the law of England and Wales/Northern Ireland and the courts of that country shall have jurisdiction.
Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
The parties shall attempt in good faith to settle any dispute or difference by mediation. The mediator is to be appointed by the Mediation Council and recommended mediation rules.

Acceptance of the terms of this Agreement will occur on receipt of your written instruction to commence performance of the Services.

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