Architect's Terms and Conditions (Business to Business)
In any business transaction it is essential that both parties are fully aware of their respective rights and obligations. Prior to entering into a transaction and signing the contract, a set of standard terms and conditions (also known as terms of business) can give a client a good idea of what to expect when contracting with a business.
This document has been updated with a simplified data protection clause which refers to a separate data protection policy (or similar). Full details of personal data use should be provided in that document.
These Architect’s Terms and Conditions have been designed for use by architects providing their services to business clients undertaking small to medium sized construction projects.
Detailed provisions in these terms address key factors such as the architect’s obligations in providing their services and the client’s obligations in using those services (including, of particular importance, the compliance by both parties with all relevant laws, regulations, codes of conduct etc.). Other key terms address the preparation of designs and plans by the architect with a particular focus on the ownership of such works and the intellectual property rights in them.
Further provisions govern the appointment of third party contractors by the client; indemnity, insurance and liability; fees and payment; rights to sub-contract obligations; and confidentiality.
An Architect’s Agreement (Business to Business), with terms exactly mirroring those in these terms and conditions is also available for use when contracting with clients.
If architect services are to be provided online rather than face to face, you should instead use the Website Terms of Sale - Online Architect Services (B2B) template in our Online Professional Services Website ToS (B2B) subfolder.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Architect’s Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. Architect’s Obligations
3. Designs and Plans
4. Client’s Obligations
5. Statutory and Other Consents
6. Appointment of Third Party Consultants and Contractors
7. Advertising and Marketing
8. Fees, Payment and Records
9. Intellectual Property Rights
10. Indemnity, Liability and Proceedings
11. Insurance
12. Third Party Rights
13. Confidentiality
14. Force Majeure
15. Suspension
16. Term and Termination
17. Effects of Termination
18. Data Protection
19. No Waiver
20. Further Assurance
21. Costs
22. Set-Off
23. Assignment and Sub-Contracting
24. Time
25. Relationship of the Parties
26. Non-Solicitation
27. Notices
28. Entire Agreement
29. Counterparts
30. Severance
31. Dispute Resolution
32. Law and Jurisdiction
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