Terms and Conditions

Effective Date: September 2024

These Terms and Conditions ("Agreement") govern the relationship between AC Architectural Design Inc. ("we", "our", "us") and you ("Client") for the provision of architectural design services. By engaging our services, you agree to the following terms:

1. Scope of Services

AC Architectural Design Inc. will provide the architectural design services outlined in the project proposal or contract (the "Services"). Our role is to deliver designs, plans, and other deliverables based on your project needs and requirements. Any modifications to the original scope of work will require a written agreement and may result in additional fees.

2. Client Responsibilities

The Client agrees to provide all necessary information for us to deliver our services. This may include but is not limited to, approvals, existing property documentation, legal requirements, development agreements, easements, property reports, property listings or any other relevant property/zoning-related details. Ac Architectural Design Inc. will not be held liable for missing information. While AC Architectural Design Inc. may assist in preparing the necessary documents for building permit applications, the Client is responsible for obtaining all permits, permissions, or other legal authorizations before construction begins. We are not liable for any delays or issues resulting from incomplete or denied permit applications.

3. Site Plan

The client is encouraged to obtain a property survey. If no survey is supplied, we will estimate lot boundaries to the best of our ability, but this could lead to potential inaccuracies on the site plan. AC Architectural Design Inc. will not be held accountable for any discrepancies in estimated lot lines, site details, or the positioning of features normally included in a legal survey. Design work will only begin once a survey is available, or the Client takes full responsibility for the site-specific details.

4. Project Fees and Payment

All fees for our Services are specified in the project proposal. A non-refundable retainer is required to begin work on the project, with the remainder of the fees due as per the agreed payment schedule. Any additional costs due to changes in project scope or unforeseen conditions will be billed accordingly.

Payment Schedule: Payments will be made in increments as outlined in the proposal, with payments due before the release of any deliverables.
Late Payments: Unpaid invoices are subject to a 4% interest charge, compounded daily, starting 14 days after the due date. We reserve the right to suspend services in the event of non-payment.

Should the Client fail to make payments as agreed, AC Architectural Design Inc. reserves the right to halt services without any penalties. In the event of project abandonment or delays for any reason, the Client is obligated to compensate for all services rendered up to that point.

5. Intellectual Property and Use of Designs

All drawings, plans, designs, and other materials produced by AC Architectural Design Inc. remain our intellectual property. The Client receives a limited, non-exclusive license to use the design materials for the specified project. These designs may not be reused, altered, or reproduced for any other projects without our written consent.

6. Site Meetings and Additional Charges

If site visits or meetings beyond what is initially agreed upon are required, additional fees may apply. These services will be billed based on our current rates, and we will inform the Client in advance if such charges will apply.

7. Modifications and Revisions

Minor revisions are included during the initial design phases. Major changes requested after the design has been finalized may result in additional fees. These revisions may also affect project timelines, and we will notify you in writing before proceeding with any changes.

8. Project Delays

All timelines and completion dates provided by AC Architectural Design Inc. are estimates only. We strive to meet the agreed schedule; however, unforeseen circumstances, including but not limited to permitting issues, changes in project scope, or municipal reviews, may impact the timeline. AC Architectural Design Inc. will not be held liable for any costs, losses, or damages resulting from work not completed by the estimated dates. Revised schedules and fees will be provided where applicable, and we will communicate any changes promptly to the Client.

9. Liability

To the fullest extent permitted by law, AC Architectural Design Inc.’s total liability for any claims, losses, or damages related to the project, whether due to negligence, breach of contract, or any other cause, will not exceed the total fees paid to us under this Agreement. We are not responsible for construction defects, delays, or any issues related to contractors or other third parties.

10. Exclusions / Inclusions

This proposal does not encompass kitchen design; however, a general layout for fixtures and appliances will be supplied solely for permit applications. The selection of interior finishes falls under the Client or contractor's responsibility and is excluded from the project scope. Exterior finishes will be represented to ensure compliance with building permit requirements. Any fees associated with building permit applications, regional development, or other related expenses are not included in this agreement. Furthermore, architectural administration during the construction phase, including change notices and construction estimations, is not part of this scope and will incur additional charges based on our hourly rates if requested. Our fees cover work up to the submission for approvals and any essential corrections to our deliverables; however, if further revisions arise due to unforeseen municipality or agency reviews, additional charges will apply

11. Dispute Resolution

In the event of a dispute, both parties agree to make a good faith effort to resolve the matter through negotiation. If the dispute cannot be resolved within 30 days, the matter may be submitted to non-binding mediation. If mediation is unsuccessful, the parties may proceed to binding arbitration.

12. Termination of Services

Either party may terminate this Agreement with written notice. If the Client terminates the agreement before project completion, the Client is responsible for payment of all services rendered up to the termination date. AC Architectural Design Inc. reserves the right to retain all project materials until payment is made in full.

13. Confidentiality

AC Architectural Design Inc. agrees to keep any sensitive or confidential information provided by the Client in strict confidence. This does not include information that is publicly available or required to be disclosed by law.

14. Governing Law

This Agreement shall be governed by the laws of the province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved in the courts located in Hamilton, Ontario.

By engaging the services of AC Architectural Design Inc., the Client acknowledges and agrees to these Terms and Conditions.