Terms of Service | Glory Storm Quivar Architecture

1. Definitions and Interpretation

For the purposes of these Terms of Service:

"Services" refers to all architectural, design, planning, consultation, and related professional services provided by Glory Storm Quivar Architecture.
"Client" means any individual, organization, or entity engaging our services.
"Project" refers to the specific architectural work, design, or consultation commissioned by the Client.
"Deliverables" means all drawings, plans, specifications, reports, and other materials produced as part of the Services.
"Fee" means the compensation agreed upon for Services rendered.
"Agreement" refers to the executed contract between the Client and Glory Storm Quivar Architecture.

2. Scope of Services

2.1 Service Offerings

Glory Storm Quivar Architecture provides the following professional services:

Sustainable Commercial Architecture
Storm-Resistant Residential Design
Urban Planning & Development
Green Building Certification Consultation
Structural Engineering Consultation
Heritage Building Restoration

2.2 Service Phases

Our architectural services typically include the following phases, as applicable to each Project:

Pre-Design and Programming: Site analysis, feasibility studies, and program development
Schematic Design: Conceptual designs and preliminary drawings
Design Development: Refined designs with detailed specifications
Construction Documentation: Complete working drawings and specifications
Bidding and Negotiation: Contractor selection assistance
Construction Administration: Project oversight and site visits

2.3 Scope Limitations

Unless specifically agreed upon in writing, our Services do not include:

Geotechnical investigations or soil testing
Environmental impact assessments beyond standard architectural requirements
Legal surveys or property boundary determinations
Interior furnishings and decorative elements (unless specifically contracted)
Ongoing building maintenance plans

3. Professional Engagement

3.1 Initial Consultation

We offer an initial consultation to discuss project requirements, feasibility, and potential engagement. This consultation may be complimentary or subject to a fee, as specified at the time of scheduling.

3.2 Proposal and Agreement

Following initial consultation, we will provide a detailed proposal outlining:

Scope of Services
Project timeline and milestones
Fee structure and payment terms
Responsibilities of both parties
Terms and conditions specific to the Project

3.3 Commencement of Services

Services will commence upon:

Execution of a written Agreement by both parties
Receipt of the initial payment or retainer as specified
Receipt of all necessary documentation and information from the Client

3.4 Professional Standards

We are registered architects in good standing with the Ontario Association of Architects (OAA) and conduct all Services in accordance with:

Professional standards and codes of conduct
Applicable building codes and regulations
Industry best practices for sustainable and storm-resistant design
All relevant Canadian and Ontario legislation

4. Client Responsibilities

4.1 Information and Documentation

The Client agrees to:

Provide complete and accurate information regarding project requirements
Supply all necessary documentation, including property surveys, title documents, and existing building plans
Disclose any known site conditions, restrictions, or limitations
Provide timely responses to requests for information or decisions
Designate a primary point of contact for project communications

4.2 Site Access

The Client shall provide reasonable access to the project site for surveys, assessments, and construction administration activities as needed.

4.3 Third-Party Approvals

The Client is responsible for obtaining all necessary approvals from:

Municipal authorities and regulatory bodies
Homeowners associations or condominium boards
Neighboring property owners (if required)
Financial institutions or lenders

4.4 Timely Decisions

The Client agrees to make decisions in a timely manner to avoid project delays. Delays caused by Client indecision may result in schedule extensions and additional fees.

5. Fees and Payment Terms

5.1 Fee Structure

Our fees may be structured as:

Fixed Fee: A predetermined amount for defined scope of work
Percentage of Construction Cost: Based on estimated or actual construction costs
Hourly Rate: Time-based billing for specific services or consultations
Hybrid Approach: Combination of the above methods

5.2 Payment Schedule

Unless otherwise specified in the Agreement:

Initial retainer: Due upon execution of Agreement (typically 25-30% of estimated fees)
Progress payments: Invoiced monthly or at completion of project phases
Final payment: Due within 30 days of project completion

5.3 Reimbursable Expenses

In addition to professional fees, the Client shall reimburse reasonable expenses including:

Printing and reproduction of documents
Travel expenses for site visits beyond the local area
Courier and shipping costs
Costs of consultants and specialists (with Client approval)
Permit application fees and regulatory submissions
3D modeling, rendering, or specialized visualization services

5.4 Late Payments

Invoices are due within 30 days of issuance. Late payments may be subject to:

Interest charges of 1.5% per month (18% annually) on overdue balances
Suspension of Services until payment is received
Withholding of Deliverables until account is current

5.5 Fee Adjustments

Fees may be adjusted in the following circumstances:

Significant changes in project scope requested by Client
Delays caused by Client or circumstances beyond our control
Multiple revisions beyond those included in the Agreement
Extended project duration beyond originally anticipated timeline

6. Intellectual Property Rights

6.1 Ownership of Documents

All drawings, specifications, documents, and Deliverables prepared by Glory Storm Quivar Architecture are instruments of service and remain our intellectual property, regardless of project completion or payment status.

6.2 License to Use

Upon full payment of all fees and expenses, the Client is granted a limited, non-exclusive license to use the Deliverables solely for:

Construction and operation of the specific Project
Future maintenance and renovation of the Project
Marketing and documentation of the completed Project

6.3 Restrictions on Use

The Client shall not:

Use the Deliverables for any project other than the one specified
Modify, reproduce, or adapt the designs without our written consent
Transfer or assign the license to third parties without authorization
Remove or alter any copyright notices or attributions

6.4 Portfolio and Publicity Rights

We reserve the right to:

Photograph the completed Project for our portfolio
Publish images and project information in professional and promotional materials
Submit the Project for awards and publications
Use the Project as a reference for future clients

Client confidentiality requests will be honored if specified in writing.

7. Liability and Indemnification

7.1 Standard of Care

Glory Storm Quivar Architecture will perform Services with the professional skill and care ordinarily provided by architects practicing under similar conditions. We do not guarantee project outcomes, construction costs, or contractor performance.

7.2 Limitation of Liability

To the fullest extent permitted by law, our total liability for any claims arising from Services shall be limited to:

The total fees paid by the Client for the specific Project, or
The amount available under our professional liability insurance, whichever is greater

7.3 Excluded Liabilities

We shall not be liable for:

Construction Defects: We are not responsible for contractor workmanship, construction means and methods, or site safety
Cost Overruns: Construction cost estimates are approximate; actual costs may vary
Regulatory Changes: Changes in building codes or regulations after design completion
Site Conditions: Unknown subsurface or environmental conditions not reasonably discoverable
Third-Party Actions: Acts or omissions of contractors, consultants, or other third parties
Client Modifications: Unauthorized changes or modifications to designs
Consequential Damages: Indirect, incidental, or consequential damages including lost profits

7.4 Professional Insurance

Glory Storm Quivar Architecture maintains professional liability insurance as required by the Ontario Association of Architects. Certificate of insurance available upon request.

7.5 Client Indemnification

The Client agrees to indemnify and hold harmless Glory Storm Quivar Architecture from claims arising from:

Client-provided information that is inaccurate or incomplete
Client decisions that override our professional recommendations
Modifications to designs made without our involvement
Client's failure to obtain necessary permits or approvals

7.6 Statute of Limitations

Any claims against Glory Storm Quivar Architecture must be initiated within two (2) years from the date of substantial completion of the Project or discovery of the alleged issue, whichever occurs first.

8. Project Changes and Revisions

8.1 Change Requests

All requests for changes to the agreed scope of Services must be submitted in writing. We will provide a written estimate of additional fees and schedule impact before proceeding.

8.2 Included Revisions

Our standard service agreements typically include a reasonable number of revisions at each design phase. Additional revisions beyond this scope will be billed at our standard hourly rates.

8.3 Code or Regulatory Changes

If changes to building codes, zoning regulations, or other requirements occur during the Project, we will work with the Client to adapt the design. Such changes may result in additional fees and schedule adjustments.

9. Project Suspension and Termination

9.1 Suspension of Services

We may suspend Services if:

Payment is more than 30 days overdue
Client fails to provide required information or decisions
Project is delayed for reasons beyond our control

Services will resume upon resolution of the issue. Extended suspensions may result in additional fees for project remobilization.

9.2 Termination by Client

The Client may terminate the Agreement at any time with written notice. Upon termination:

Client shall pay for all Services performed to date
Client shall pay for reimbursable expenses incurred
Client shall pay termination expenses including project closeout costs
We will deliver all Deliverables completed to the date of termination

9.3 Termination by Glory Storm Quivar

We may terminate the Agreement with written notice if:

Client fails to make payments as required
Client materially breaches the Agreement
Project is suspended for more than 90 consecutive days
We are requested to violate professional standards or regulations

9.4 Effects of Termination

Upon termination, all intellectual property rights remain with Glory Storm Quivar Architecture unless full payment for Services has been received.

10. Warranties and Disclaimers

10.1 Professional Services Warranty

We warrant that Services will be performed in accordance with the professional standards of care applicable to architects in Ontario, Canada.

10.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10.3 Construction Cost Estimates

Any construction cost estimates provided are opinions based on our experience and current market conditions. We do not guarantee that bids or actual construction costs will not vary from our estimates.

10.4 Compliance with Codes

While we design in accordance with applicable building codes and regulations, we do not guarantee approval by authorities having jurisdiction. Final compliance is determined by regulatory officials.

10.5 Sustainable Design Performance

While we specialize in sustainable and energy-efficient design, actual building performance depends on many factors including construction quality, operation, and maintenance. We do not warrant specific energy savings or environmental performance outcomes.

11. Confidentiality

11.1 Confidential Information

Both parties agree to maintain confidentiality of proprietary information disclosed during the course of the engagement, including:

Business strategies and plans
Financial information
Technical data and specifications
Personal information

11.2 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available through no breach of this Agreement
Is required to be disclosed by law or regulatory authority
Is independently developed without use of confidential information
Is necessary to disclose to consultants or contractors involved in the Project (who will be bound by similar confidentiality obligations)

12. Dispute Resolution

12.1 Good Faith Negotiations

In the event of any dispute, the parties agree to first attempt resolution through good faith negotiations between senior representatives.

12.2 Mediation

If negotiations fail, the parties agree to submit the dispute to mediation before pursuing other remedies. Mediation shall be conducted in Toronto, Ontario, under the rules of the ADR Institute of Canada.

12.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in Toronto, Ontario.

12.4 Continuation of Services

Unless otherwise agreed, both parties shall continue to perform their obligations under the Agreement during dispute resolution proceedings.

13. Insurance and Bonds

13.1 Our Insurance

Glory Storm Quivar Architecture maintains:

Professional liability insurance (errors and omissions)
General commercial liability insurance
Cyber liability insurance

13.2 Client Insurance

The Client is responsible for maintaining appropriate insurance for the Project, including:

Property insurance during construction
Builder's risk insurance if applicable
Liability insurance for property ownership

13.3 Additional Insured

If requested, we may agree to be named as additional insured on certain Client insurance policies, subject to review and approval.

14. General Provisions

14.1 Governing Law

These Terms of Service and all Agreements shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

14.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of Ontario for resolution of any disputes.

14.3 Entire Agreement

The executed Agreement between the parties, including these Terms of Service, constitutes the entire agreement and supersedes all prior negotiations, understandings, and agreements.

14.4 Amendments

Any amendments to these Terms or the Agreement must be in writing and signed by both parties.

14.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.6 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

14.7 Assignment

Neither party may assign this Agreement without the written consent of the other party, except that we may assign to a successor business entity.

14.8 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including:

Natural disasters, severe weather, or storm events
Pandemics or public health emergencies
War, terrorism, or civil unrest
Labor disputes or strikes
Government actions or regulatory changes
Failure of utilities or telecommunications