Introduction
These website standard Terms and Conditions written on this webpage shall manage your use of our website, BestArq accessible at https://www.bestarq.com. These Terms will be applied fully and affect to your use of this website. By using this website, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these website standard Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, BestArq and/or its licensors own all the intellectual property rights and materials contained in this website. You are granted limited license only for purposes of viewing the material contained on this website.
Restrictions
You are specifically restricted from all of the following: publishing any website material in any other media; selling, sublicensing and/or otherwise commercializing any website material; publicly performing and/or showing any Website material; using this website in any way that is or may be damaging to this website; using this website in any way that impacts user access to this website; using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this website to engage in any advertising or marketing. Certain areas of this Website are restricted from being access by you and BestArq may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality as well.
Your Content
In these website standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to upload or send to this website. By displaying, uploading or sending Your Content, you grant BestArq a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. BestArq reserves the right to remove any of Your Content from this Website at any time without notice.
Your Privacy
Please read our Privacy Policy.
No warranties
This website is provided “as is,” with all faults, and BestArq express no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you.
Limitation of liability
In no event shall BestArq, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. BestArq, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website
Indemnification
You hereby indemnify to the fullest extent BestArq from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Delivery
Our delivery times are established once the project is confirmed.
Delivery times may vary depending on the complexity of the project, being the following average ranges handled by BestArq:
- Project price below $100 USD takes between [3 to 4] business days.
- Project price between $100 and $200 USD takes between [4 to 5] business days.
- Project price between $200 and $400 USD takes between [5 to 7] business days.
- Project price above $400 USD takes between [7 to 14] business days.
In case of requesting printed or physical documentation such as blueprints, images, storage disk, etc. It is necessary to consider the delivery time handled by the logistics external company.
Claims and Returns
At Best Arq we do not make returns. Each client has the right to make multiple changes with due professional attention that our architects offer. The changes should not deviate from the initial plan in which the purchase order was issued. The client will not be able to change the format of the project without first consulting or specifying customer service.
The client must be expressly clear and concise when explaining what is wanted. Any additional or extra change will generate an extra cost and an extra commission will be applied for personalized attention from each of our architects.
In case of cancellation or suspension of the project, a control and doubt form will be filled out, based on it, the progress of the project will be analyzed, and the money will only be returned, deducting what corresponds to the work carried out so far, plus commissions and service costs.
Duty Of Care
The Consultant shall exercise reasonable skill and care in conformity with the normal standards of our artisan work in performing the Services defined in the Client Agreement and discharging all our obligations.
FEEs
The Client will pay the Consultant the fee and expenses set out in the Client Agreement, if anything goes extra work or extra changes.
Unless otherwise agreed, invoices extra work will be submitted in each change or, if appropriate, a programme of instalments shall be drawn up. Instalments may not necessarily reflect the progress of our works, and, in such cases, payment shall be made always Advanced in any extra work.
Payments are due within 3 of the date of the invoice and the Consultant reserves the right to cease work on the project if fees are not paid by the moment.
Expenses
Disbursements to be charged additionally include such items as:
- Drawings and documents required by agents, funds or third parties with an interest in the development.
- Colour prints and drawings extra.
- Physical models.
- Site surveys, structural investigations, and regulations.
- Fees for specialist professional advice not covered by the Client Agreement.
- Special reports and advanced will be extra cost.
- Letting specification, drawings, brochures.
- Planning and Building Control Submission blueprints will be extra fees if you need yo change.
- Courier charges.
Change Control
Should there be a variation in the agreed scope of works the Consultant will identify and issue this in a Change Notification Form which will identify any fee or programme implications. All Change Notification Forms issued will need to be agreed by the Client before the Consultant progresses with any variations.
Time Charges – Hourly rates include direct staff costs as well as indirect overhead costs apportioned across all technical staff.
Client´s Instructions
Although the Consultant is responsible for guiding the Client, the success of the project will depend to a large extent upon the Client’s instructions and approvals being given when required to suit the project timetable. The Client therefore will provide the Consultant with such information and make such decisions as are necessary for the proper performance of the agreed service.
Additional charges may be made for extra work arising from changes or delays in Client instructions in accordance with clause 5.1.
The Consultant cannot accept responsibility for the connection of utilities or services or for upgrading of a service in the event of an increased loading requirement. It is the Client’s responsibility to check with their chosen service providers that the required services can be supplied by email.
Copyright
Intellectual property rights including copyright in the original work produced in the performance of the Service shall remain the property of the Consultant and the Consultant generally asserts the moral right to be identified as the author of such work. However, the Client shall be entitled to use such documents and drawings under a non-exclusive license and subject to payment having been received by the Consultant of a license fee.
The Consultant shall not be liable for the consequences of any use of information or designs prepared by them except for the purposes for which they were provided.
Photography – The Consultant shall obtain the consent of the Client, which consent shall not be unreasonably withheld or delayed, before publication of any other information relating to the Project, unless reasonably necessary for the performance of the Services.
Client Feedback/Post Occupancy Evaluation
As a practice, we continuously strive to improve upon our service and approach and as such may request Client feedback at key project stages including post occupancy evaluations on completion with the Client’s consent.
Assignment
Neither the Client or the Consultant shall at any time assign the benefit of this agreement or any rights arising under it without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.
Suspension And Termination
9.1 In the event of our appointment being suspended the Consultant shall be entitled to fees for all work executed at that time.
During such a period of suspension the Consultant shall be reimbursed for all expenses, and disbursements necessarily incurred under this appointment.
Should the Consultant’s appointment with you be terminated at any stage of the project because you decide to:
- Relinquish your interest in the site or project to others
- Proceed with the development without ourselves acting as your consultant designers
- Abandon the development for any reason
- Terminate the appointment for any reason
Then the fee due to the Consultant at the time of termination shall be calculated, either.
- As a pro rata proportion of an agreed fixed fee
- on a time, charge basis at the agreed hourly rates or, extra work.
- in the event of no rates having been agreed, at the Consultant’s hourly rates current at that time, such sum shall be recoverable as a debt.
The Consultant’s appointment with you may be terminated at any stage of the project by the Consultant for any reason.
Use of the Consultants documents and drawings in the event of termination shall be subject to Copyright Clause above.
Liabilities And Insurance
Limit of liability – in any such action or proceedings:
- No employee of the Consultant, including any officer or director of a company or a member of a limited liability partnership or any agent of the Consultant, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services.
Net contribution – Without prejudice to the provisions of clause 10.1, the liability of the Consultant shall not exceed such sum as it is just and equitable for the Consultant to pay having regard to the extent of the Consultants responsibility for the loss and/or damage in question and on the assumptions, that:
- All other consultants, contractors and other persons involved in the project have provided to the Client contractual undertakings on terms no less onerous than those of the Consultant under this Agreement;
Client Acceptance
Client confirmation of acceptance of this fee agreement is necessary for the Consultant to commence work. Confirmation may be by way of an email or post.