Terms and Conditions: Active Architecture
These terms and conditions (“Terms”) apply to all services
provided by Active Architecture (“the Company”), including
architecture design
consultancy services, project management services,
and any other related services. On approval of the quote by the Client the
set binding terms
and conditions as below will be adhered.
1. Services
The Company agrees to provide the
Client with the services described in the scope of work or project agreement
between the parties. The
Company will use reasonable efforts to
perform the services in a professional and timely manner, and in accordance
with industry standards and
best practices.
All Services
provided by the Company are under the understanding and information provided
by the Client. This includes and is not limited to any
other
information that may be provided during the course of this Agreement.
2. Fees and Payment
The Client agrees to pay the
Company for the services rendered at the rates agreed upon in the scope of
work or project agreement between the
parties. The Client will be
invoiced for the proposed services from the onset of the project with a
specified due date(s). In the event of a delay in
payment, the Company
may suspend services until payment is received. All payments/scheduled part
payments to the Company are nonrefundable.
3. Intellectual Property
The Company retains all intellectual property rights in any designs,
drawings, specifications, or other materials created by the Company in
connection with the services provided to the Client. The Client is granted a
non-exclusive, non-transferable license to use such materials solely for the
purpose for which they were created. The Client may not reproduce,
distribute, or use such materials for any other purpos e without the
Company’s prior written consent.
Agreed deliverables
to the Client are in PDF, Word or JPG formats. Source files like dwg, ai,
skp, and other similar files do not form part of the
deliverables
unless agreed in advance in writing.
4. Confidentiality
The Company agrees to keep
confidential all information provided by the Client in connection with the
services provided, including but not limited to, project plans,
specifications, and financial information. The Client agrees to keep
confidential any proprietary or confidential information
belonging to
the Company.
5. Limitation of
Liability
The Company will not be liable for any
indirect, incidental, special, or consequential damages arising out of or in
connection with the services
provided, including but not limited to,
loss of profits, loss of business, or loss of data. The Company’s
liability for any claim arising out of or in
connection with the
services provided will be limited to the fees paid by the Client for the
specific services giving rise to the claim.
The Client acknowledges
that the Company does not warrant in any way or form that planning consent
will be granted or will be granted in any time-frame in respect of the
services provided.
6. General
Building control drawings, structural specifications and calculations
including Building Control applications are not covered under our planning
services. This is separate and can be provided at an additional fee or
referred to a third party. It will be at the sole discretion of the Client
as to whom they wish to appoint as their structural engineer.
The
Client understands that the Company does not take responsibilities in terms
of any party wall acts or agreements arising from any planning
consent. This is the responsibility of the Client or owners of the
property. Similarly the Company does not take any responsibility in terms of
building or site works resulting from any planning consents. This could be
in terms of supervision, inspection or completion (Unless previously
agreed in writing) All measurements (existing or proposed) to be
confirmed on site by the responsible party carrying out the works to avoid
errors.
If multiple applications are made then separate payment
terms can be agreed upon in writing. Any extra work not covered in the scope
of works as agreed on the invoice will be charged at an hourly rate and will
be informed to the Client prior to any commencement of works. This could be
in
the form of special drawings needed by the planner not usually
covered under standard applications.
7.
Indemnification
The Client agrees to indemnify and
hold harmless the Company and its officers, directors, employees, and agents
from and against any and all claims, liabilities, damages, and expenses
arising out of or in connection with the services provided to the Client,
including but not limited to, claims
of copyright infringement, breach
of contract, or negligence. This indemnification will survive the
termination of this agreement.
8.
Termination
Either party may terminate the
engagement at any time by providing written notice to the other party. The
Client will be responsible for paying the
Company for any services
rendered up to the date of termination.
9. Governing Law
and Jurisdiction
These Terms will be governed by and
construed in accordance with the laws of the jurisdiction in which the
Company is located. Any dispute arising
out of or in connection with
these Terms will be resolved through arbitration in accordance with the
governing laws of England and Wales.
10. Entire
Agreement
These Terms, together with any scope of
work or project agreement between the parties, constitute the entire
agreement between the parties and
supersede all prior negotiations,
understandings, and agreements between the parties