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 is compliant with the GDPR (General Data Protection
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.
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
12. Third Party Rights
14. Force Majeure
16. Term and Termination
17. Effects of Termination
18. Data Protection
19. No Waiver
20. Further Assurance
23. Assignment and Sub-Contracting
25. Relationship of the Parties
28. Entire Agreement
31. Dispute Resolution
32. Law and Jurisdiction
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