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1.1 These Terms apply to the access and use of the Site owned and operated by Architects Republic Limited, company registration number 09934719, registered office 101 Chandlers Way, Temple Farm Industrial Estate, Southend-On-Sea SS2 5SE (AR).
1.2 All use of the Site shall be on these Terms to the exclusion of all other terms and conditions of business, including any that the Architect may send to AR, and all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
1.3 AR reserves the right to update these Terms from time to time at its discretion. If AR does so, the updated version of the Terms will be effective as soon as it is accessible on the Site.
2.1 In these Terms, the following words have the following meanings:
Architect, you: the architect using the Site;
Architect Content: all content uploaded to the Site by the Architect, including content relating to the Architect itself and content relating to a Project;
Client: an individual, company or other organisation seeking to engage an Architect on the Site;
Client Content: all content uploaded to the Site by the Client, including content relating to the Client itself and content relating to a Project;
Commission: the sums due to AR from the Architect calculated in accordance with these Terms;
Content: all content on the Site;
Fee: the fee received from the Client for the Architect's services for the Project;
IP Rights means any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Project: the architecture project required by a Client and featured on the Site;
Site: the Site located at www.architectsrepublic.com; and
Working Days means any day other than a Saturday, Sunday or public holiday in England.
2.2 Words in the singular include the plural and in the plural include the singular
2.3 Headings shall not affect the interpretation of these Terms.
2.4 References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
2.6 Any phrase introduced by the words 'including' shall be construed as illustrative and shall not limit the generality of the related words.
3.1 If you wish to apply to register as an Architect on the Site, you must (a) have the authority to bind any organisation that you purport to represent to these Terms; (b) be based in the UK; (c) have appropriate experience and certification in respect of services you wish to offer through the Site, including registration on the Architects Registration Board; and (d) have in place and maintain all consents, permissions and insurances in respect of services you wish to offer through the Site.
3.2 At our request, you shall provide evidence of your compliance with Condition 3.1. We shall consider any application, and if we agree to include you on the Site, we shall notify you accordingly. You shall immediately notify us if at any time you cease to comply with the provisions in Condition 3.1, and you agree that we shall be entitled immediately to remove you from the Site in such circumstances.
4. Use of Site
4.1 AR grants to you a personal non-exclusive, non-transferable right to use the Site and Content solely in accordance with these Terms. You shall have no right to sub-license your use of and/or access to the Site.
4.2 You are responsible for configuring your own systems appropriately to access and use the Site. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or interferes with any third parties use of the Site. You shall comply with all reasonable instructions of AR in relation to the use of the Site.
4.3 The Site must not be used for any illegal or unauthorised purpose. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) add a Client or other Architect to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
4.4 AR will use reasonable endeavours to make the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4.5 AR shall use all reasonable endeavours to keep the Site secure but you acknowledge that the Site may be subject to breaches of security and that AR shall have no liability for any lost data including Architect Content or unavailability as a result of any attack or assault on its security or any attempt to disrupt the Site.
5. Contact with Clients
5.1 You agree that a Client can search our database of Architects and view all publicly avilable Architect Content at any time.
5.2 When a Client uploads a Project Brief to the Site, all Architects with the appropriate settings can view the Project Brief. If you wish to pitch for the Project, you shall click the 'Interested' button on the Site and submit the requested documentation, as set out in the site. You agree that at the point you click 'Interested' you are committing to provide services to the Client if selected to do so. We shall provide the Client with the profiles of all Architects who express interest in the Project, and invite the Client to prepare a shortlist of 3 (three), 4 (four) or 5 (five) Architects depending on the value of the project. If you are shortlisted, the Client may contact you through the website to discuss the services that you will provide. The Client is expected to select one Architect to carry out the Project within a pre-selected time period (usally 2 (two) weeks) from the last shortlisted Architect has been selected.
5.3 You shall not (a) contact a Client unless the Client first contacts you; and/or (b) use or copy the Client Content for any purpose other than to consider whether or not your are interested in the Project unless you are selected to carry out the Project. Breach of this Condition 5.2 shall be a material breach that is not capable of remedy and we shall be entitled to terminate your AR account.
5.4 You shall notify AR of the date when the first request for payment has been issued to the Client. You shall notify AR of the date when all future requests for payment are issued by the Architect at relevant stages in the Project, for the duration of the Project.
5.5 You shall treat all personal data and other information relating to a Client as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to provide the services to a Client. You shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. You shall ensure that individuals processing personal data of a Client are subject to a duty of confidence in relation to such personal data. You shall assist AR in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist AR in meeting its legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. At the request of AR, you shall submit to audits and inspections by AR to ensure that it is complying with its obligations under this Condition 5.4 and shall notify AR if you are requested to take any action in breach of any applicable data protection legislation.
6. Architect Content and Obligations
6.1 You are encouraged to create a profile on the Site including photographs and designs of your work. You agree that all Architects Content shall reflect work that you have carried out and shall not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; (f) contain any virus; and/or (g) give rise to any cause of action against AR.
6.2 As part of your proposal, you must upload or otherwise provide to a Client a copy of your terms and conditions of service for a Client to review before the Client agrees to instruct you. You warrant that your terms and conditions comply with all provisions of applicable laws, including consumer law and data protection laws.
6.3 You grant to AR a non-exclusive, royalty free, transferable licence to (a) reproduce the Architect Content on the Site; and (b) allow the Client to access and rely on the Architect Content and reproduce the Architect Content in order to determine the suitability of an Architect.
6.4 We do not monitor or review any Architect Content. However, we may remove any Architect Content at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Terms.
6.5 You shall (a) operate your business with reasonable skill and care; (b) operate your business and in accordance with all applicable laws, regulations and codes of conduct; (c) ensure you have in place appropriate anti-bribery, anti-money laundering, data protection, IT security policy, and anti-discrimination policy; (d) maintain in force reasonable insurance coverage with reputable insurance companies to cover your potential liabilities and provide a copy of those policies to AR upon request; and (e) use employees to provide services to a Client with appropriate experience and qualifications.
6.6 You acknowledge and agree that AR may contact a Client to request a review of the Architect and its services. AR may upload such review to the Site to enable a Client to determine the suitability of an Architect.
6.7 AR makes no warranty or representation in relation to any Client, and AR has no liability to you for any act or omission of a Client. AR is not party to any contract between a Client and an Architect.
6.8 You shall not circumvent or attempt to circumvent the Site in your relationships with a Client relating to a Project.
6.9 You shall indemnify and keep indemnified AR from and against all costs, claims, losses, damages, expenses and liabilities for a breach of Condition 6.8 or otherwise incurred by AR as a result of a claim from a Client because of any act or omission of the Architect including as a result of the Architect's negligence, breach of contract and/or statutory duty.
7. Fees, Payment and Audit Rights
7.1 Subject to Condition 7.2, once appointed by the Client you agree to pay the Marketing Commission Fee AR as set out in the Site, and accordingly may be amended at any time during the Project.
7.2 If at any time after you have provided services to a Client, should the Client contact you to provide further services, you agree that the Commission shall remain due to AR for the fee received by you for such further services. Accordingly, you shall continue to report to us details of any services provided to a Client and the fee due thereon. Within 5 Working Days of receipt of the fees from a Client introduced to you through the Site, you shall pay to us the Commission.
7.3 If the Architect does not pay all sums due to AR by the due date, without prejudice to any other rights and remedies available to it, AR may (a) claim interest on all outstanding sums from the due date until the date of payment at the rate of 5% above the base rate of the Bank of England from time to time; and/or (b) without liability to the Architect suspend or terminate the Architect's AR account.
7.4 You shall keep complete, accurate and detailed books and records in relation to its relationships with the Client. AR or its authorised representative shall be entitled to inspect and audit such books and records on at least 5 Working Days' notice during business hours and to take copies of or extracts from such books and records and the Architect shall co-operate with such inspection. All such books and records shall be maintained and kept accessible and available for inspection for 6 years after expiration or termination of these Terms. If any inspection reveals that there has been an underpayment to AR under these Terms, the Architect shall promptly pay to AR a sum equal to such underpayment together with all interest due on such sums and the costs of carrying out the audit.
7.5 You agree that you are self-employed and you are not an employee of AR. You responsible for making appropriate PAYE deductions for tax and national insurance contributions and you shall indemnify AR (on a full indemnity basis) in respect of any claims or demands which may be made by the relevant authorities against AR in respect of income tax and national insurance contributions (or their local equivalent) relating to you, including any interest or penalties and any costs or expenses we incur in relation to the claim.
7.6 Fees and Payments
We only charge the hired professional an agency fee (plus applicable VAT) based on the overall Project Budget. The following fees are invoiced directly to the professional and are spread throughout the duration of the project. These invoices are broken down to reflect the fee breakdown proposed to the client.
|Project Budget||Fee to the architect|
|Under £100,000||£250 flat fee|
|£100,000 > £300,000||£1,450 total|
|£300,000 > £600,000||£2,350 total|
|£600,000 > £1.2m||£3,800 total|
|£1.2m > £2.5m||£6,200 total|
|Over £2.5m||£10,000 total|
If you end up employing the same professional for an additional job other than the one initially procured, you shall promptly notify Architects' Republic.
For Projects with a budget of over £300,000, we will seek a retainer from the client of 1% of a typical Architects Fee (based on figures calculated by the Architects Fees Bureau) relative to the size of the project. At the time of appointment, this figure will be deducted from the initial payment to the Professional and will be paid to the Architect directly by Architects' Republic.
8. IP Rights
8.1 You acknowledge that no IP Rights in the Site and/or the Content, including the Client Content, are assigned to you under these Terms.
9.1 You warrant and represent that (a) you have the right, power and authority to enter into these Terms and (b) you shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including the Bribery Act 2010.
9.2 AR warrants that it shall provide the Site using reasonable skill and care.
9.3 The Architect is solely responsible for ensuring that the Site is appropriate and suitable for its needs. The Architect agrees that (a) the Content does not constitute any form of advice or recommendation by AR; (b) AR does not warrant that the Architect will receive any engagements from a Client; and (c) AR does not warrant that the Content is accurate or complete or that any particular result or change in business operations will be achieved, achievable or achieved by the Architect in relation to the Site.
9.4 Except as set out in these Terms, and to the extent permitted by law, no representations, warranties or conditions are given or assumed by AR in relation to the Services and the Architect agrees that it has not relied upon any other representations, warranties or conditions to enter into these Terms.
10. LIABILTY – THE ARCHITECT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION 10.1 AR excludes any and all liability to the Architect, whether for breach of contract, tort (including negligence) or otherwise for (a) loss of profit, sales or business; (b) loss or corruption of data or information; (c) business interruption; (d) loss of business opportunity or anticipated saving; and/or (e) any indirect or consequential or incidental loss incurred by the Architect even if AR has been advised of the possibility of such losses. The Architect agrees that the provisions of this Condition 10.1 are severable.
10.2 In any event, AR's entire liability to the Architect under these Terms, including any breach of warranty, condition, or for any representation, statement, act or omission of AR shall be limited to the Commission received by AR in the 6 months before the date the claim arose.
10.3 Nothing in these Terms shall operate to limit or exclude AR's liability for (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other liability that cannot lawfully be excluded under English law.
10.4 The Architect acknowledges that the Site may link to third party sites. Any link from the Site does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their content or operators. To the maximum extent permitted by English law, AR excludes all responsibility or liability for those sites.
11.1 AR may refer to the Architect and uploaded Project Case Studies in any of its marketing, promotional or other literature.
12.1 Without prejudice to any other rights or remedies which may be available, either party shall be entitled to give notice in writing to the other terminating an AR account on 10 Working Days' written notice to the other, or with immediate effect if (a) the other party commits any breach and if such breach is capable of remedy fails to remedy that breach within 15 Working Days of being notified of the breach; and/or (b) the other party enters into liquidation compulsorily or voluntarily or compounds with its creditors or has an administrator, receiver or administrative receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt (except where any action occurs for the purposes of reconstruction or amalgamation whilst solvent).
12.2 On termination of an account (a) the Architect Content will be deleted; (b) the provisions of Condition 7 in respect of the payment of sums due shall remain in force; and (c) the Architect shall cease to access and/or use the Content and the Site.
12.3 Termination of an AR account shall not affect the accrued rights of each party. Notwithstanding termination, the following Conditions shall remain in force: Conditions 7 (Fees, Payment and Audit Rights) 8 (IP Rights), 9 (Warranties), 10 (Liability), 11 (Publicity), 12.2, 12.3 (Termination), 13 (General) and 14 (Governing Law & Jurisdiction).
13.1 These Terms constitute the entire understanding between the parties with respect to their subject matter and supersedes all prior agreements, standard terms, negotiations and discussions between the parties relating to it.
13.2 Nothing in these Terms shall confer or purport to confer on any third party, including a Client any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
13.3 The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
13.4 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties
13.5 Nothing in these Terms shall create or imply a partnership or joint venture or agency relationship between AR and the Architect.
13.6 Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or by email to the latest address notified. Any such notice shall be deemed to have been received at the time of delivery.
14. Governing Law & Jurisdiction
14.1 These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.