Terms and Conditions

The scope of work is contingent upon payments made per this Agreement.
Retainer: $2,000 due upon signing, applied toward invoices as work progresses.
Retainer is partially refundable if Client cancels before billable work begins, less reasonable administrative costs incurred. Once billable work has commenced and invoices have been applied, the retainer is non-refundable.
Services are billed at a variable hourly rate of $95–$145, depending on task complexity. Non-complex tasks (e.g., meetings, drafting, modeling existing conditions) are billed at $95/hr; complex tasks (e.g., concept design, 3D design, rendering, 3D scanning, point cloud data processing) at $145/hr. Service Provider retains discretion to assign rates in good faith.
Invoices are issued weekly and applied against the retainer. Additional invoices are issued when pending charges reach $2,000 or monthly, whichever is sooner.
Client must review and dispute invoices within 5 business days; otherwise, invoices are deemed accepted.
Service Provider may charge interest on past due payments up to 1.5% per month at its discretion.

Client agrees to timely provide information, feedback, approvals, and access needed to perform services.
Client is responsible for all fees related to permits, applications, and approvals.
Client’s failure to cooperate may suspend Service Provider’s timelines until resolved.

Services follow a structured design process.
Revisions requested after the pre-design meeting are billed hourly against the scope.
All meetings and site visits are billed hourly; no fixed number are included.

Deliverables (files, drawings, models) remain Service Provider’s intellectual property until full payment.
Upon full payment, Client is granted a limited, non-exclusive, non-transferable license to use deliverables solely for construction and bidding of the project at the Site and existing conditions at design time.
Client may share deliverables only for that project’s construction and bidding; other uses require written consent.
Deliverables will be shared via secure webpage link and email. Files will be retained for up to five (5) years from final delivery.

Service Provider will assist in preparing, coordinating, and submitting permit applications.
Service Provider does not guarantee permit approvals. Additional third-party services may be needed at Client’s expense.

Estimated project durations are subject to Client cooperation and regulatory approvals.
Time is not of the essence; reasonable delays will not be breach if Service Provider acts in good faith.

Service Provider may suspend work for Client’s non-payment or failure to cooperate, with written notice.
Either party may terminate with 5 days’ written notice. Fees for completed work must be paid before termination.

Liability capped at total amount paid by Client.
No liability for indirect, consequential, incidental, or special damages.
Client indemnifies Service Provider for claims arising from Client misuse, materials, or site conditions except gross negligence or willful misconduct.

Service Provider will not disclose Client’s name or address in marketing without consent.
Service Provider may use project deliverables (without personal identifiers) for marketing.
If Client requires no marketing use, additional fees apply, to be mutually agreed.
Client may provide testimonials voluntarily for marketing use.

Service Provider may use subcontractors/consultants as needed, retaining responsibility.

Official communications must be in writing and sent via email to designated addresses.

Client will not solicit Service Provider’s staff or subcontractors during and for 12 months post-agreement without written consent.

Pennsylvania law governs.
Disputes first submitted to non-binding mediation in Allegheny County.
If unresolved, parties may agree to binding arbitration or litigation in Allegheny County.

Entire Agreement supersedes prior communications; only written amendments signed by both parties are valid.
Severability ensures invalid provisions do not affect the rest of the Agreement.
Survival of key provisions (IP rights, indemnity, payments, confidentiality) beyond termination.
Waiver of rights only effective in writing.
Agreement may be signed in counterparts with electronic signatures.
Headings for convenience only.
Service Provider is an independent contractor.
Signatories warrant authority to bind parties.
Attorney’s fees recoverable by prevailing party.

Service Provider will protect Client’s personal data, using it only for service delivery.

Service Provider may photograph/video project for marketing, with reasonable notice and no personal info disclosed.