Our general Terms and conditions of engagement:
1) PARTIES OBLIGATIONS
(a) Agreed Services:
(i) The Architect must perform the Agreed Services exercising the degree of skill, care and diligence normally expected of a competent provider of Architectural Services.
(b) Payment:
(i) The Client must pay the Architect for the Agreed Services when each phase has reached its completion unless other arrangements have been confirmed in writing. The Client agrees that the estimations outlined in the Engagement Letter are, as such, only estimations, and are subject to change. The Architect is obliged to inform the Client of any prospective change and work towards a new agreed estimation.
2) BRIEF
(a) The Client agrees that the brief outlined in the engagement letter and provided at the initial meeting with the Architect is as accurate and thorough as possible to initiate design. The Client has taken into account all known reasonable information relating to the site and has not intentionally withheld any information deemed reasonably necessary for the Architect to perform the Agreed Services.
(b) The Architect will make its best endeavors to design within the Client’s specified budget to Concept Design Phase. The Architect will not be held responsible for the costing of later phases nor of the project being constructed within the specified budget. Note, the Architect cannot be held responsible for cost increases due to market changes and fluctuations and any delays caused by builders or third-party consultants and professionals whether engaged by the Client or the architect.
(c) The Architect will only go outside of the brief and budget outlined in the Engagement Letter in discussion with the Client.
(d) All changes to the scope are subject to potential fee change. If the brief changes are more than 5% the Architect has the right to review the fee before moving forward
3) PHASES OF SERVICE
(a) Approval to progress to the next phase of the Agreed Services after each is completed will be obtained from the Client in writing. Changes to the Agreed Services will not be made without the agreement of both the Client and the Architect. The Client must inform the Architect of the change and if any cancelled phase is partially completed an agreed fee will be calculated and charged to the Client.
(b) Changes to the drawings, plans, designs etc (Service Materials) will not be made by the client without the consent of the Architect and vice versa.
4) CONFIDENTIALITY
(a) Confidentiality of all information will be maintained by both the Architect and the Client for the duration of the project except as is reasonably required for the needs of the project.
5) SEPARATE CONSULTANTS
(a) Separate Consultants and associated Services may be required for the project on the advice of the Architect. The Client will give permission to the Architect to engage these consultants on their behalf, if and when necessary.
(b) The Client may engage a Separate Consultant of their choosing and the Architect is entitled to rely on any information provided to the Client or from the Client and has no responsibility to the Client or any persons in relation to that information.
(c) The Client is responsible for the payment of the Services completed by the Separate Consultants.
6) FEES & PAYMENTS
(a) Invoices for fees will be issued monthly by the Architect or periodically at the discretion of the architect, for example, at the completion of each phase of the Agreed Services.
(b) All amounts payable by the Client shall be due, in full and without deduction or set off, within 7 days of the date of invoice or the 20thof the Month of invoice, whichever is noted as per the invoice due date, unless otherwise agreed in writing by the Client and the Architect
(c) A Client’s agent, or any person purporting to be an agent of the Client or purporting to have the Client’s authority to enter into this agreement for the Client, or on behalf of the Client, shall, on signing this agreement, be jointly liable with the Client for all moneys due and payable as if that person was the Client.
(d) If the Client fails to make the payment that is due and payable and that default continues for 10 working days, the Architect may provide 2 days written notice ( “Default Notice”) to the Client specifying the default and requiring payment within 7 days from the date of the Default Notice. Unless payment has been made by the Client in full, the Architect may suspend performance of the Agreed Service and withhold Service Materials, any time after expiration of the Default Notice. The Architect must promptly lift the said suspension after the Client has made the payment in full.
(e) Regardless of whether or not the Architect suspends the performance of the Agreed Service and withholds Service Materials, in accordance with this clause 6.4 herein, the Architect may charge interest on overdue amounts from the date the payment falls due to the date of full payment at the rate of 2% per month and ,in addition, the costs of any actions taken by the Architect, including legal costs and costs of debt collection, to recover the outstanding payment.
(f) The Architect will not be liable to the Client or any other person, for any losses arising from the suspension of the Agreed Services or the withholding of Service Materials.
7) INTELLECTUAL PROPERTY
(a) All right, title, interest and intellectual property rights in the Service Materials, including copyright, belong to the Architect and are not transferable without the consent in writing of the Architect, which consent may be given or withheld at the sole and unfettered discretion of the Architect.
(b) The Architect grants to the Client a License to use the Service Materials for purposes relating only to the project. This License is granted conditionally upon the Client fulfilling its obligations under this agreement, but not limited to, the payment of all fees and disbursements due and payable to the Architect without deduction or set off whatsoever.
(c) If this agreement ends before the completion of the Agreed Services (“Termination Date”) the License granted to the Client will pertain only to the Agreed Services that have been completed to the Termination Date. Partially completed Service Materials cannot be used by the Client without the consent in writing of the Architect, which consent may be given or withheld at the sole and unfettered discretion of the Architect PROVIDED THAT that the Architect shall be entitled to charge a fee and prescribe conditions if he consents to the use by the Client of the partially completed Service Materials.
(d) In the event that the Client wishes to use all or any part of the Service Materials in order to carry out any future works on the subject building ( including renovations and alterations) (“Future Works”) after completion or other cessation of the Project, and the Future Works are not to be carried out by the Architect, then, in that event, the Client shall first obtain the written consent of the Architect which shall not be unreasonably withheld, and upon payment of the Architect’s fee in that regard as agreed between the parties.
(e) The Architect is entitled to retain one copy of all Service Materials in digital form. The Architect shall not be required to provide any of the Service Materials to any persons in any active electronic form.
8) PROMOTIONS AND MARKETING
(a) The Architect must be credited by the Client or their representatives in any Project related brochure, article or promotional material, such as social media.
(b) The Architect may:
(i) Display an appropriate promotional sign on the Site or in a clearly visible place nearby
(ii) Use the designs, drawings and photographs of the project for the Architects own promotional/media and professional purposes (including awards) but only with the Clients prior written consent.
(iii) Can enlist in design competitions/awards with consent
9) VARIATIONS
(a) Any variation to this Agreement, including the scope and nature of the Agreed Services, must be in writing and will be subject to all the terms and conditions of this Agreement.
(b) Variations to the completed Agreed Services may be requested by the Client. If the Architect agrees to undertake variations, then the Architect will be entitled to charge at an hourly rate. The Architect will seek confirmation from the Client before commencing variations.
(c) If the Agreed Services need to be delayed or accelerated because of changes in the Clients instructions or requirements, or due to any reason beyond the Architects reasonable control, then the Client is aware that the fee for each Agreed Service is liable to change and the Architect may be entitled to additional fees.
10) TERMINATION
(a) This Agreement cannot be assigned or transferred without the prior written consent of the Architect – not to be unreasonably withheld.
(b) The Client or Architect may terminate this Agreement by writing to the other at their last known address (including email address). The Agreement will end 20 working days after this notice is sent unless otherwise agreed to by both parties. The Client is obligated to pay for any outstanding Agreed Services, completed or partially completed before the date of termination notice.
(c) The architect retains copyright of the designs. Release fee can be negotiated.
11) FURTHER TERMS & CONDITIONS
(a) If any change is made by the Client or other person to the Service Materials, the Contract Works, the Project’s Resource or Building Consent without the written approval of the Architect, the Architect will not be liable for any loss, damage or expense incurred by the Client as a consequence of that change.
(b) The Architects Employees and Agents are acknowledged by the Client to have no personal liability to the Client in connection with this Agreement or the performance of the Agreed Services. The Client acknowledges it will only rely on the corporate conduct of the Architect.
(c) The Client acknowledges the Architect holds Professional Indemnity Insurance for a sum not less than
(d) $2,000,000, subject to the various terms, exclusions and limitations of the policy.
(e) Problems in design, or any fault or defect that the Client becomes aware of will be notified to the Architect in writing not later than 30 days after the Client becomes aware of it. Failure to inform the Architect will extinguish liability and prejudice to the Architect due to the Client not complying with this clause.
(f) The laws of New Zealand will govern this Agreement and the New Zealand Courts will have exclusive jurisdiction in respect of this Agreement