Planda Portal: Website & Agency Service Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.

BY USING THIS SERVICE, YOU ARE APPOINTING US AS YOUR AGENT AND AGREEING TO INDEMNIFY US AGAINST SPECIFIC RISKS.

1. AGREEMENT OVERVIEW

1.1 The Parties: This Agreement is between Planning Data AI Ltd (trading as Planda Portal) ("We", "Us", "Our", or "Agent"), a company registered in England and Wales under company number 15253378 with its registered office at Aston House, Cornwall Avenue, London, N3 1LF, and the User (Applicant or Professional Representative) ("You" or "Client").

1.2 Nature of Service: Planda Portal operates as a Digital Planning Agent. We do not merely transmit your data; we act as your legal representative for the specific purpose of the application.

1.3 Basis of Contract: These terms come into effect when you confirm the application contents by clicking "Continue to payment" and accepting the declaration and terms and conditions.

2. APPOINTMENT OF AGENCY

2.1 Appointment: You hereby appoint Planda Portal as your Named Agent for the planning application submitted through our platform.

2.2 Scope of Authority: You grant us express authority to act as your agent for the following specific purposes:

(a) Execution of Forms: Signing statutory planning application forms, ownership certificates, and agricultural holdings certificates on your behalf.

(b) Receipt of Notices: Receiving and accepting all legal notices, validation letters, decision notices, and statutory correspondence from the Local Planning Authority ("LPA").

(c) Payment Handling: Holding and remitting statutory fees to the LPA.

(d) Discussions: Discussing administrative matters (validation, fee calculations, missing documents) with LPA officers.

2.3 Exclusions:

Our agency explicitly EXCLUDES:

(a) Appeals: We do not act as agent for planning appeals to the Planning Inspectorate.

(b) Discharge of Conditions: Unless a separate application is raised and paid for.

(c) CIL Liability: We will NOT sign CIL (Community Infrastructure Levy) Assumption of Liability forms(see Clause 7).

(d) Professional Advice: We are a submission service, not a planning consultancy. We do not provide architectural design, legal advice, or planning strategy; unless explicitly stated and contracted.

3. DISCLAIMERS & YOUR RESPONSIBILITIES

3.1 "NO ADVICE" DISCLAIMER: Any guidance text, validation checks, or information on our Site is provided for convenience only and must not be relied upon as professional advice. You are responsible for seeking independent advice from a qualified planner, architect, or solicitor.

3.2 YOUR WARRANTIES & INDEMNITY: By using the Service, you legally warrant and represent that:

(a) Accuracy of Information: All information, plans, and documents you provide are true, accurate, and complete. We do not independently verify this information.

(b) Ownership Certificates: You have provided the correct Ownership information (Certificates A, B, C, or D). Submitting a false certificate is a criminal offence. You agree to fully indemnify and hold harmless Planda Portal and its directors from any and all claims, fines, legal costs, or application invalidations arising from an incorrect certificate signed by us on your instruction.

(c) Copyright: You hold the legal copyright or a valid licence for all drawings and reports you upload. You agree to fully indemnify and hold harmless Planda Portal against any third-party copyright infringement claim.

3.3 Consumer Rights Act 2015: We agree to provide our digital service with reasonable care and skill. However, this care and skill applies to the administrative process of submission, not the content of the application. The accuracy of drawings and planning merits remains your responsibility.

4. SERVICE DELIVERY & LIMITATIONS

4.1 Our Validation Check: Our "Validation Check" is not a guarantee of LPA validation. LPAs have discretion and local validation lists; we cannot control their decision to validate or invalidate an application.

4.2 Service Completion: Our service is deemed complete upon the successful submission of your application data to the LPA. The outcome (validation, refusal, approval) is not part of the service we provide.

4.3 No Guarantee of Outcome: We provide no warranty or guarantee that your planning application will be approved.

5. COMMUNICATION & DATA HANDLING

5.1 Mail Interception: As your Named Agent, all LPA correspondence will be sent to us. You explicitly consent to us opening, reading, and processing all such correspondence for the purpose of managing your application.

5.2 Public Register: You acknowledge that your name, address, and all submitted documents will be published on the LPA's public register and will be accessible to the public indefinitely, as required by the Town and Country Planning Act 1990.

5.3 Enterprise Direct Routing: Where an Customer elects to use a Direct Routing Email Address (managed by the customer), the LPA will correspond directly with that address. The customer assumes full responsibility for monitoring that inbox and responding to LPA queries. Planda Portal does not triage or forward mail sent to Direct Routing Addresses and accepts no liability for missed correspondence.

5.4 Sensitive Documents: In order to process fee reductions, we may handle documents that contain sensitive information such as proof of disability or other protected characteristics. We process this information solely for the purpose of validating your eligibility for statutory fee reductions and apply enhanced security measures to this data.

6. FEES, PAYMENTS & REFUNDS

6.1 Fees: Fees are defined in Schedule A (Payment Terms). Our Service Fee is for the process of submission, not the outcome.

6.2 Fee Increases: If statutory LPA fees increase between your payment to us and our submission to the LPA, you are liable for the difference.

7. LIABILITY & INDEMNITY

7.1 Community Infrastructure Levy (CIL): Liability for CIL rests solely with the land owner. Planda Portal will never assume liability for CIL. Failure to submit "Form 1" or "Form 2" correctly can result in lost exemptions and surcharges. It is your sole responsibility to manage CIL.

7.2 Limitation of Liability: Our total liability to you for any claim (contract, negligence, or otherwise) shall not exceed 150% of the Service Fee paid for the application in question.

7.3 Excluded Losses: We are not liable for any indirect or consequential losses, including but not limited to: loss of profit, loss of business opportunity, wasted expenditure, or costs from construction delays.

7.4 Unregulated Status: We are not regulated by the Royal Town Planning Institute (RTPI) or the Architects Registration Board (ARB). You do not have access to their complaint or compensation schemes.

8. ANTI-MONEY LAUNDERING (AML)

8.1. We reserve the right to carry out Customer Due Diligence (CDD) checks as required by The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. We may require proof of identity and address before proceeding.

9. GENERAL

9.1 Entire Agreement: These terms, along with the schedules, constitute the entire agreement.

9.2 Severability: If any clause is found to be unenforceable, the rest of the terms will remain in effect.

9.3 Governing Law: This agreement is governed by the laws of England and Wales.

---------------------------------------------------------------------------------------------------------------------------------------

SCHEDULE A: PAYMENT & REFUND TERMS

1. DUAL PAYMENT STRUCTURE
The total amount you pay is comprised of two distinct funds:

(a) The Service Fee: Our charge for the software and agency service (£75 + VAT).

(b) The LPA Fee (Disbursement): The statutory planning fee passed to the council.

2. DISBURSEMENT STATUS
We collect the LPA Fee acting purely as your agent to discharge your liability to the Council. It does not form part of our revenue.

3. TIMING OF SUBMISSION
We will not submit an application until the full LPA Fee has cleared in our bank account.

4. REFUNDS & CANCELLATIONS

4.1 Cancellation Rights (Consumer Contracts Regulations 2013):

(a) You have a 14-day "cooling-off" period. However, by clicking "Continue To payment”, you are expressly requesting that we begin the service immediately.

(b) If you cancel after we have performed validation work but before submission, we will refund the LPA Fee in full, but we will retain a £25 administration charge from the Service Fee.

(c) Once the application is submitted, our Service Fee is non-refundable.

4.2 LPA Fee Refunds:

(a) Process: You acknowledge that any refund of the LPA Fee after submission is at the sole discretion of the LPA. They will, by law, refund the fee directly to Us as the original payer.

(b) Our Commitment: Upon receipt of a refunded LPA fee, we will transfer this amount to your original payment method within 7 working days of the funds clearing in our account. We will deduct a £15 processing fee from this amount to cover our administrative costs.

---------------------------------------------------------------------------------------------------------------------------------------

SCHEDULE B: PRIVACY NOTICE (AGENCY ADDENDUM)

1. PUBLIC REGISTER WARNING
Planning is a public process. Your Name, Address, and Application Documents will be published on the LPA’s website. We cannot prevent this.

2. DATA INTERCEPTION
We scan and process correspondence addressed to you (c/o Planda Portal). You consent to this processing as a core part of the Service.

3. DATA SHARING
We share your application with:

(a) The relevant Local Planning Authority.

(b) Relevant Statutory Consultees (e.g., Highways England), if any / needed.

(c) Our support teams under Data Processing Agreements, if any / needed.