Effective date: 01/01/2026

Terms of Service for SK Architects (the “Firm”)

1. Agreement and Acceptance

By engaging the Firm’s services, accessing the Firm’s website, or signing a proposal, you (“Client”) agree to these Terms of Service (“Terms”). These Terms govern all professional services, deliverables, proposals, and communications between the Firm and Client unless a separate written agreement expressly amends these Terms.

2. Scope of Services

The Firm will provide architectural services as described in the signed proposal, engagement letter, or contract (the “Services”). Services may include conceptual design, schematic design, design development, construction documentation, permitting support, bidding assistance, and construction administration. Any services outside the signed scope constitute Additional Services and will be billed separately.

3. Proposals, Deliverables, and Approvals

a. Proposals and schedules are estimates based on information available at the time and may be revised if scope or site conditions change.  

b. Deliverables remain the Firm’s property until invoiced amounts are paid in full, except Client-provided documents.  

c. Client must review and provide timely approvals, decisions, and information necessary for the Firm to perform. Delays caused by Client may result in schedule changes and additional fees.

4. Fees, Expenses, and Payment

a. Fees will be charged as set out in the proposal: fixed fee, hourly rates, or percentage fee. Hourly rates and fee schedules are provided in the engagement document.  

b. Client will reimburse the Firm for reasonable out-of-pocket expenses (printing, travel, permits, consultants) unless otherwise stated.  

c. Invoices are due within 15 days of issuance unless the engagement letter states otherwise. Late payments incur interest at [specify rate, e.g., 1.5% per month] and may result in suspension of services.  

d. The Firm may require an initial retainer or deposit; work may be suspended if retainer balances are not maintained.

5. Additional Consultants and Contractors

The Firm may recommend or coordinate consultants (engineers, landscape architects, surveyors). The Firm is not responsible for the acts or omissions of third-party consultants unless the Firm directly retained them. Client may directly retain contractors; coordination does not make the Firm responsible for their work.

6. Client Responsibilities

Client is responsible for providing complete project information, decisions, approvals, property access, and compliance with applicable laws and codes. Client warrants that information provided is accurate. Client must carry appropriate insurance for the project.

7. Intellectual Property and Use of Documents

a. All design documents, drawings, specifications, and electronic files prepared by the Firm are instruments of service and remain the Firm’s intellectual property.  

b. Upon full payment, the Firm grants the Client a non-exclusive, non-transferable license to use the final construction documents for the specific project for which they were prepared. Reuse for other projects or modifications without the Firm’s written consent is prohibited.  

c. The Firm may use non-confidential project images and descriptions for marketing, portfolios, and publications unless Client objects in writing.

8. Confidentiality

The Firm will keep confidential Client information identified as confidential, except as required for performance of the Services or by law. Client consents to the Firm’s disclosure of project information necessary for consultants, contractors, and permitting.

9. Warranties and Professional Standard

The Firm will perform services with the professional skill and care ordinarily provided by architects in similar circumstances. Except as expressly stated, no other warranties (express or implied) are made, including fitness for a particular purpose or merchantability.

10. Limitation of Liability

To the fullest extent permitted by law, the Firm’s total liability for claims arising out of or related to the Services shall not exceed the total compensation received by the Firm for the specific services giving rise to the claim, or $[insert amount], whichever is greater. The Firm is not liable for consequential, incidental, indirect, or special damages.

11. Indemnification

Client agrees to indemnify, defend, and hold the Firm harmless from third-party claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from Client’s negligence, willful misconduct, or breach of these Terms, except to the extent caused by the Firm’s negligence.

12. Insurance

The Firm will maintain professional liability (errors & omissions) insurance and general liability insurance as part of standard practice. Certificates can be provided on request.

13. Termination

Either party may terminate the engagement for convenience with 14 days’ written notice. On termination, Client will pay for Services performed, expenses incurred, and reasonable termination costs through the effective date of termination. The Firm will deliver work in progress upon payment.

14. Dispute Resolution and Governing Law

These Terms are governed by the laws of [State/Country]. Parties will first attempt good-faith negotiation. If unresolved, disputes shall be resolved by mediation, then, if necessary, binding arbitration in [city, state] under the rules of [arbitration provider] or by litigation in the courts of [jurisdiction], as set out in the engagement agreement.

15. Construction Phase and Site Safety

The Firm has limited control over construction means, methods, sequences, or site safety. The contractor is responsible for construction means and safety; the Firm has no liability for contractor performance or safety compliance.

16. Force Majeure

The Firm is not responsible for delays or failures caused by events beyond its control (acts of God, natural disasters, strikes, governmental actions, pandemics, supply chain disruptions).

17. Changes to Terms

The Firm may revise these Terms from time to time. Material changes will be communicated; continued use of Services after notice constitutes acceptance. Specific engagement documents supersede these Terms where conflicting.

18. Entire Agreement

These Terms, together with the engagement letter/proposal and any attachments, represent the entire agreement between the parties and supersede prior agreements and understandings.

19. Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect.

Contact

For questions, notices, or to request copies of insurance certificates.