Architectural Design Contract Terms and Conditions:

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Design Suits:

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We majorly offer four design suits they are, 

1. Basic design suite, which offers essential detailing of only Masterplan and Elevation.
2. Classic design suite, which offers a comprehensive detailing of everything an Architectural project needs like Masterplan, Elevation, Structure, Electrical, Plumbing, and Working details. You can further opt for Site Analysis, Landscape and interiors design and standard level of detailing will be provided.
3. Enhanced design suit, Built upon the Classic Design Suite by including Site Analysis, Landscape Design, and Interior Design with enhanced detailing throughout.
4. Intensive design suit, provides the ultimate detailing of Enhanced design suit and also features the highest level of designer involvement, and this is recommended for special projects.

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Selection and Upgradation Policy,
Ultimately, the firm or designer reserves the right to recommend the most suitable design suite based on the project’s requirements and complexity. During the design phase, if the designer identifies that the project requires a higher level of detailing or is more complex or special than initially assessed, the Client may be requested to upgrade to a more appropriate design suite.
The Client can choose to pay the difference amount and continue the service under the upgraded suite. If the Client declines the upgrade, the contract will automatically terminate to ensure the project aligns with the firm’s standards and capabilities.

 

Timeline and Completion:

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The design services are intended to be completed within a period of 4 to 6 months from the contract start date. This contract will automatically terminate at the 6-month mark. If the project extends beyond 6 months due to delays or changes initiated by the client or any work beyond this period will require a new agreement, with additional fees applied to the extended timeline.

 

Green Building Standards:

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Upon request, the project can be designed to meet national green building standards and may be submitted for consideration for an Award from the Indian Green Building Council.

Project Termination

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This contract may be terminated by the Designer if the Client’s actions compromise the project’s timeline, violate terms, or create undue stress for the design team. Grounds for termination include, but are not limited to:

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1. Excessive or Unscheduled Meetings: Requests for frequent or prolonged meetings beyond regular project needs, causing disruptions to the workflow.
2. Unrealistic Deadlines: Setting deadlines that do not align with the agreed project schedule.
3. Unprofessional or Disruptive Behavior: Any unprofessional or disrespectful behavior that creates a stressful working environment.
4. Boundary Violations in Communication: Repeated attempts to contact the Designer outside established working hours without prior agreement.
5. Failure to Adhere to Timeline: Persistent delays caused by the Client without reasonable cause, which hinder the project’s progress.
6. Delays in Payment: Failure to meet payment deadlines or delays in providing agreed-upon payments, impacting project continuity.

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Upon termination, all completed deliverables will be provided to the Client, and any unpaid work will be invoiced. The Designer may withhold deliverables if the final payment is not received within the agreed terms. This clause ensures a balanced, respectful process while protecting the Designer’s well-being and professional integrity.

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Creative Process and Timelines

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The Client acknowledges that the design process may require additional time beyond the initially agreed timeline due to the complexity of creating unique, satisfactory designs. This includes time for research, ideation, contemplation, and organization to ensure the highest quality output. CALM Architecture will communicate any such extensions promptly, and the Client agrees to accommodate reasonable delays in the interest of achieving the desired design outcomes.

Force Majeure (Unforeseen Circumstances)

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CALM Architecture shall not be liable for any delays, interruptions, or failures in the completion of services due to circumstances beyond its control, including but not limited to acts of God, natural disasters, pandemics, strikes, government actions, or other unforeseen events (“Force Majeure Events”). In such cases, CALM Architecture reserves the right to extend project timelines, modify deliverables, or, if necessary, terminate the contract without liability. The Client shall not hold CALM Architecture responsible for any costs, losses, or damages arising from Force Majeure Events.

Risk Management

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CALM Architecture shall take reasonable measures to deliver services safely and professionally. However, the Client acknowledges that risks associated with design and construction (including but not limited to construction defects, third-party contractor errors, and material quality) fall outside CALM Architecture’s control and responsibility. The Client agrees to engage appropriately qualified contractors and assumes all risks related to on-site work and safety, relieving CALM Architecture of liability for on-site events, construction errors, or delays caused by third parties.

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Limitation of Liability

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CALM Architecture’s liability to the Client for any claim, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the Client for services rendered. Under no circumstances shall CALM Architecture be liable for indirect, consequential, incidental, punitive, or special damages, including but not limited to loss of profit, data, or goodwill, arising from this agreement or the services provided. This limitation applies to all claims, regardless of whether CALM Architecture has been advised of the potential for such damages

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Dispute Resolution and Governing Law

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f any dispute arises between the parties in respect of these Terms of Empanelment, the same shall be referred to arbitration by a single arbitrator to be appointed by consent of both the parties. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the rules of the Arbitration and Conciliation Centre – Bengaluru set up by the High Court of Karnataka. The language for arbitration shall be English and the venue shall be Bengaluru, India. The costs of the arbitration shall be borne individually by the respective parties.

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Confidentiality and Non-Disclosure

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Both parties agree that any confidential information exchanged, including project details, design concepts, financial information, and other proprietary data, shall remain strictly confidential. CALM Architecture shall maintain the confidentiality of the Client’s information, and the Client agrees not to share, distribute, or replicate any designs or concepts provided by CALM Architecture without express written consent. This clause extends to all documentation, drawings, and intellectual property shared during and after the project, ensuring CALM Architecture’s proprietary work remains protected. Unauthorized disclosure or use of any confidential information will be considered a material breach of this agreement.

Intellectual Property Rights

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All designs, drawings, and creative works produced under this agreement are the exclusive intellectual property of the Designer. The Designer retains full rights to all design content, including architectural and interior designs, regardless of the project’s stage. No editable files, source files, or design drafts will be shared with the Client under any circumstances. The Client receives only the final deliverables as specified in this agreement, solely for the intended use. Unauthorized reproduction, alteration, or distribution of any design elements is strictly prohibited and will be pursued to the fullest extent of intellectual property law.

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Scope of Work Adjustments

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The Client acknowledges that while CALM Architecture strives for accuracy, the scope of work may occasionally include errors or omissions. If such issues are identified, the Designer reserves the right to rectify or clarify them to align with the project’s objectives. Any significant adjustments will be communicated to the Client and, if applicable, may require a revision of the contract terms or additional fees.

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Cancellation and Refund Policy

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The Client may cancel the contract within the following time frames:
Within 3 days: 75% of the advance payment will be refunded.
Within 7 days: 50% of the advance payment will be refunded.
Beyond 7 days: No refunds will be issued.
The Client acknowledges that advance payment signifies acceptance of all contract terms, and no cancellations or refunds will be entertained after 7 days.

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 Indemnification Clause

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The Client agrees to indemnify, defend, and hold harmless CALM Architecture, its employees, agents, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to: (1) any act or omission by the Client or third parties engaged by the Client that affects the project; (2) unauthorized use or modification of any deliverable or intellectual property created by CALM Architecture; or (3) breach of contract or violation of law by the Client. This indemnity applies regardless of whether CALM Architecture is advised of the possibility of such claims.

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Fee Structure and Adjustments

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The fees stated in this agreement are provisional estimates based on the initial scope of work. As the project evolves, complexities or additional requirements may arise, necessitating adjustments to the fee structure. CALM Architecture reserves the right to revise fees accordingly. Any changes will be communicated in advance, and work will proceed only upon mutual agreement. The Client acknowledges and accepts this flexible fee structure as essential for project success.

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Design Development and Approval

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Progression to subsequent stages of design will commence only after the Client has approved and finalized the preceding stage. This includes freezing the respective designs to ensure clarity and precision in further detailing. Any delays in approvals may impact the project timeline and result in additional charges for adjustments or redesigns.

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Revision Policy

Revisions are included in respective sections wherever applicable. If further changes are necessary, the Client may opt for additional revisions by honoring the applicable revision charges.

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Maximum Paid Revisions: Each section allows for a maximum of 2–3 paid revisions, as specified. Beyond this limit, no further revisions will be entertained.
Strict No-Revisions Policy: Certain sections, such as Structural Designs, MEP (Mechanical, Electrical, and Plumbing), and other critical elements, will not accommodate any revisions under standard terms. In exceptional cases where revisions are deemed essential, the Client must bear hefty additional charges, which will be communicated upfront.
Prepaid Charges: Revision charges must be prepaid before services are rendered.
Timelines for Paid Revisions: Paid revisions will adhere to the specified completion timelines, ensuring the project progresses efficiently.

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Site Visit Policy

CALM Architecture offers five complimentary site visits for locations within a 15 km radius of the office. Additional visits will be charged at ₹5,000 per visit, with rates adjusted for greater distances. Site visits outside the free allowance will be scheduled based on mutual agreement.

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Project Initiation

Design work will commence only after receipt of the advance payment as outlined in the payment schedule. Any delays in payment will directly impact the project timeline.

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Contract Acceptance

The Client may accept this contract by:

Physically signing a hard copy,
Sending an acceptance email, or
Making any advance payment, which will be deemed as full acceptance of the terms and conditions outlined in this agreement.

Support, Timeline and Completion

The contract is designed to conclude within four months, with a maximum extension of up to six months in case of paid revisions. Upon contract completion, CALM Architecture will continue to provide limited guidance and support. Failure to meet agreed timelines may result in contract termination.

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Business Hours and Communication

Business hours are Monday to Friday, 10:00 AM to 6:00 PM.
National and religious holidays will be observed as non-business hours.
Clients are requested to restrict communication to these hours for efficient and prompt assistance.

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Contract Updates and Amendments

CALM Architecture reserves the right to update or amend the terms of this contract, including policies, timelines, and procedures, to reflect changing business requirements or unforeseen circumstances. Clients will be notified of changes, which will be effective immediately unless otherwise stated. Continued engagement with CALM Architecture constitutes acceptance of these updates.

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Delays and Client Responsibilities

The Client acknowledges that their timely approvals, feedback, and decisions are critical for the project’s progress.
Any delays caused by the Client, including late responses, incomplete information, or failure to finalize deliverables, will result in extensions of the project timeline. Additional charges may apply for prolonged delays.
The Designer is not liable for any costs or damages resulting from such delays.

Stress Management and Communication

CALM Architecture reserves the right to set boundaries for client communication, including limiting excessive calls, emails, or meeting requests that disrupt workflow or create undue stress.
Repeated unreasonable demands, unprofessional behavior, or lack of cooperation from the Client may result in termination of the contract, with no refunds provided.

No Warranty for Perfection

Design is a collaborative and creative process; absolute perfection or universal approval is not guaranteed. The Designer will make reasonable efforts to meet the Client’s expectations, but subjective dissatisfaction will not constitute grounds for claims, refunds, or penalties.

 

Financial and Operational Protection

The Client agrees to settle all payments per the payment schedule. Delayed or incomplete payments will result in project suspension until dues are cleared, with potential late fees applied.
Advance payments are non-refundable except under specified cancellation terms.

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Firm Credentials and Commitment to Sustainability

CALM Architecture is a premier architectural design firm, dedicated to creating innovative, sustainable, and environmentally responsible designs. With over a decade of industry experience, we specialize in architectural design, interiors, and landscaping that prioritize functionality, aesthetics, and eco-consciousness.

Our team is led by:

Architects, Green building professionals, architectural designers, Interior designers, landscaping, enthusiasts, etc ensure that our work adheres to the highest industry standards.

We are proud to have IGBC Accredited Professionals (APs) as part of our team, enabling us to design projects that align with national green building standards. Our firm is passionate about driving sustainable development by integrating environmentally friendly practices into every project and encouraging clients to opt for green certifications from the Indian Green Building Council (IGBC).

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While we are not registered just as an architects' firm, we stand out as a "Sustainable Architectural Design Firm" committed to delivering excellence. Our work is guided by a deep understanding of design principles, industry trends, and a resolute focus on sustainability. For us, success is defined not by titles but by the meaningful impact of our designs on people and the planet.

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