Terms of Service
Joyce Architecture Inc. Terms of Service
Effective Date: June 20, 2024
1. Introduction
These Terms of Service (“Terms”) govern the professional relationship and services provided by Joyce Architecture Inc. (“the Firm,” “we,” “us,” “our”) to you, the client (“Client,” “you,” “your”). By engaging our services, you agree to be bound by these Terms.
2. Scope of Services
We will provide architectural services as outlined in a separate, written Service Agreement or Project Proposal or Pre-Designed Plans, which will detail the specific scope of work for your project, including deliverables, phases, and timelines. Any work outside of this agreed-upon scope will be considered an additional service and will require a written change order and fee adjustment.
3. Client Responsibilities
The Client agrees to:
Provide Accurate Information: Furnish all necessary information, including accurate property surveys, existing drawings, and project requirements, in a timely manner. We are not responsible for delays or errors resulting from inaccurate or incomplete information.
Timely Decisions: Make timely decisions and approvals throughout the project phases to avoid delays.
Access to Site: Grant us or our authorized representative’s access to the project site as needed for surveys, inspections, and project-related activities.
Payments: Remit all fees as per the agreed-upon payment schedule in the Service Agreement.
4. Fees and Payment
Project Fees: Fees for our services will be detailed in the Service Agreement and are based on the scope of work. They may be structured as a fixed fee, hourly rate, or a percentage of the construction cost.
Invoicing: Invoices will be issued monthly or at the completion of each project phase and are payable within 30 days of the invoice date.
Late Payments: Late payments may be subject to a late fee of 3% per month. We reserve the right to suspend work on your project if payments are not made on time.
5. Ownership of Documents
Ownership: All architectural drawings, specifications, models, and other instruments of service (“Instruments”) prepared by us remain our intellectual property. We retain all copyrights and ownership rights to the Instruments.
License: Upon full payment for our services, we grant you a non-exclusive license to use the Instruments solely for the construction and maintenance of the specific project for which they were created.
Prohibited Use: You may not reuse, adapt, or share the Instruments for any other purpose, including another project or property, without our express written consent and a separate fee.
6. Standard of Care
We will perform our services in a manner consistent with the professional skill and care ordinarily exercised by reputable members of the architectural profession practicing in the same or similar locality and under similar circumstances. We do not make any express or implied warranties beyond this professional standard of care.
7. Limitation of Liability
Our liability to you for any damages, losses, or claims arising from our services is limited to the amount of our professional fees received for the specific project or phase in question. We are not liable for any indirect, incidental, or consequential damages.
8. Project Changes and Additions
Any changes to the project scope, including additional services, will be handled through a written Change Order. This document will outline the new scope of work, fees, and any impact on the project schedule.
9. Termination of Agreement
Either party may terminate the Service Agreement with 10 day written notice if the other party fails to substantially perform its obligations. Upon termination, you agree to pay for all services rendered and expenses incurred up to the date of termination.
10. Dispute Resolution
Any dispute or claim arising from these Terms or the Service Agreement will first be addressed through good faith negotiation. If a resolution cannot be reached, we agree to mediation or litigation in a specific jurisdiction.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
12. Entire Agreement
These Terms, along with your signed Service Agreement, constitute the entire agreement between you and the Firm regarding the project and supersede all prior or contemporaneous communications, proposals, and agreements.
13. Acceptance
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.