Our Terms

Updated on : 15-12-2024

[PLEASE READ THE AGGREMENT OF TERMS AND CONDITIONS, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMIDIES.]

Introduction

These website standard terms and conditions written on this webpage shall manage you use of this website. These terms will be applied fully and affect to your use of this website. By using this website, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these Website Standard Terms and Conditions.

Intellectual Property Rights:

Other than the content you own, under these terms, www.designer.civilshape.in and / or its licensors own all the intellectual property rights and materials contained in this website.

You are granted limited licence only for purposes of viewing the material contained on this website.

Restrictions:

• You are specifically restricted from all of the following publishing any Website material in any other media.

• Selling, sub-licensing and / or otherwise commercialising any website material.

• Publicly performing and / or showing any Website materials.

• Without our permission Any audio, video, text, images or other materials you choose to display / publish / copy / screenshots / snipping on this website in any mode ONLINE or OFFLINE is prohibited.

• Using this website in any way that is or may be damaging to this website.

• Using this website in any way that impacts user access to this Website.

• Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity.

• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website.

• Using this Website to engage in any advertising or marketing.

Certain areas of this website are restricted from  being access by you and Civilshape.com may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and Password you may have for this Website are confidential and you must maintain confidentiality as well.

1.      DUTY OF CARE

1.(a)      The Consultant shall exercise reasonable skill and care in conformity with the normal standards of the Architect’s,designer's performing the Services defined in the Client Agreement and discharging all our obligations.

2.      FEES

2.(a)       The Client will pay the Consultant the fee and expenses set out in the Client Agreement.

2.(b)     Unless otherwise agreed, invoices will be submitted monthly or, if appropriate, a programme of instalments shall be drawn up.  Instalments may not necessarily reflect the progress of our works and, in such cases, payment shall be made in accordance with Clause 9.0 thereunder if suspension or termination occurs.

2.(c)     Payments are due within 31 days of the date of the invoice and the Consultant reserves the right to cease work on the project if fees are not paid by the due date.

2.(d)      Interest is payable on all outstanding amounts at the rate of statutory interest applicable on the payment due date,

8% above the State Bank of India base rate. Interest is chargeable from the due date for payment accruing on a daily basis up to the date of receipt of cleared funds.

2.(e)      The Consultant reserves the right to cease work in the case of breach of contract or the non-payment of fees.

3.       EXPENSES

3.(a)      Out of pocket expenses include the cost of hotel charges and travelling expenses within the all over India, but exclude postage, telephone, internet and fax charges and various minor items, which are included in our fee.

3.(b)      Disbursements to be charged additionally include such items as:

3.(b).1        Drawings and documents required by agents, funds or third parties with an interest in the development.

3.(b).2        Colour prints and drawings. (A1 Prints and emailed pdf drawings issued at INR 300 -500₹ each).

3.(c).3      Physical models.

3.(d).4        Site surveys, structural investigations and load tests (unless otherwise agreed).

3.(e).5        Fees for specialist professional advice not covered by the Client Agreement.

3.(f).6        All costs relating to the engagement and payment of resident site staff.

3.(g).7      Special reports and photographs for publicity or progress records.

3.(h).8        Letting specification, drawings, brochures.

3.(I).9        Planning and Building Control Submission fees.

3.(j).10     Courier charges.

4.       CHANGE CONTROL

4.(a)       Should there be a variation in the agreed scope of works the Consultant will identify and issue this in a Change Notification Form which will identify any fee or programe implications. All Change Notification Forms issued will need to be agreed by the Client before the Consultant progresses with any variations.

4.(b)       Time Charges - Hourly rates include direct staff costs as well as indirect overhead costs apportioned across all technical staff.

5.       CLIENT’S INSTRUCTIONS

5.(a)       The Consultant is responsible for guiding the Client, the success of the project will depend to a large extent upon the Client’s instructions and approvals being given when required to suit the project timetable. The Client therefore will provide the Consultant with such information and make such decisions as are necessary for the proper performance of the agreed service.

5.(b)      Additional charges may be made for extra work arising from changes or delays in Client instructions in accordance with clause 5.1.

6.       COPYRIGHT

6.(a)       Intellectual property rights including copyright in the original work produced in the performance of the Service shall remain the property of the Consultant and the Consultant generally asserts the moral right to be identified as the author of such work. However, the Client shall be entitled to use such documents and drawings under a non-exclusive license and subject to payment having been received by the Consultant of a license fee.

6.(b)       The CIVIL SHAPE shall not be liable for the consequences of any use of information or designs prepared by them except for the purposes for which they were provided.

6.(c)       Photography – The CIVIL SHAPE shall obtain the consent of the Client, which consent shall not be unreasonably withheld or delayed, before publication of any other information relating to the Project, unless reasonably necessary for the performance of the Services.

7.        CLIENT FEEDBACK/POST OCCUPANCY EVALUATION

7.(a)       As a practice, we continuously strive to improve upon our service and approach and as such may request Client feedback at key project stages including post occupancy evaluations on completion with the Client’s consent.

8.        ASSIGNMENT

8.(a)       Neither the Client or the Consultant shall at any time assign the benefit of this agreement or any rights arising under it without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.

9.        SUSPENSION AND TERMINATION

9.(a)      In the event of our appointment being suspended the Consultant shall be entitled to fees for all work executed at that time.

9.(b)      During such a period of suspension the CIVIL SHAPE shall be reimbursed for all expenses, and disbursements necessarily incurred under this appointment.

9.(c)       On the resumption of a suspended service within six months previous payments will be regarded solely as payments on account towards the total fee. The Consultant shall be entitled to treat as terminated any Appointment under which the service remains suspended for six months or more, and the provisions of 9.4 below shall then apply.

9.(d)      Should the Consultant’s appointment with you be terminated at any stage of the project because you decide to:

9.(d).i       Relinquish your interest in the site or project to others

9.(d).ii        Proceed with the development without ourselves acting as your consultant Architects

9.(d).iii       Abandon the development for any reason

9.(d).iv        Terminate the appointment for any reason

Then the fee due to the Consultant at the time of termination shall be calculated, either;

9.(d).v       As a pro rata proportion of an agreed fixed fee

9.(d).vi      On a time charge basis at the agreed hourly rates or,

9.(d).vii        In the event of no rates having been agreed, at the Consultant’s hourly rates current at that time, such sum shall be recoverable as a debt.

9.(e)         The Consultant's appointment with you may be terminated at any stage of the project by the Consultant for any reason.

9.(f)         Use of the Consultants documents and drawings in the event of termination shall be subject to Clause 6.0 above.

10. LIABILITIES AND INSURANCE

10.(a)    Limit of liability – in any such action or proceedings:

10.(a).i     The Consultants liability for loss or damage shall not exceed the amount of the professional indemnity insurance specified in the Project, providing the Consultant has notified the insurers of the relevant claim or claims as required by the terms of such insurance.

10.(a).ii     No employee of the Consultant, including any officer or director of a company or a member of a limited liability partnership or any agent of the Consultant, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services.

10.(b)    Net contribution – Without prejudice to the provisions of clause 10.(a), the liability of the Consultant shall not exceed such sum as it is just and equitable for the Consultant to pay having regard to the extent of the Consultants responsibility for the loss and/or damage in question and on the assumptions, that:

10.(b).i     All other consultants, contractors and other persons involved in the project have provided to the Client contractual undertakings on terms no less onerous than those of the Consultant under this Agreement;

10.(b).ii     All the persons referred to in this clause have paid to the Client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for that loss and /or damage.

11.    RIGHTS OF THIRD PARTIES

11.(a)    Nothing in this appointment shall confer or is intended to confer any right to enforce any of its terms on any person

who is not a party to it other than lawful assignees.

12.     DATA PRIVACY NOTICE

12.(a)    The process of personal data is governed by GDPR. It regulates how organisations store and use individuals personal data.process of personal data is governed by GDPR. It regulates how organisations store and use individuals personal data.

12.(b)    CIVIL SHAPE  is the data controller. This means CIVIL SHAPE decides how your personal data is processed and for what purposes within our organisation.

12.(C)    CIVIL SHAPE complies with its obligations under GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

12.(d)    CIVIL SHAPE use your personal data for the following purposes:

12.(d).i  To enable us to contact you for the benefit of your project and to deliver the services that you have requested.

12.(d).ii  To administer client, contractor, supplier records.

12.(d).iii To maintain our own accounts and records.

12.(d).iv  To share your contact details with various governmental bodies, contractors, suppliers, sub-contractors etc. as necessary to progress your project.

12.(d).v   To contact you via surveys to allow PF+A to monitor and measure the quality of our service.

12.(d).vi   To inform you of news, events or activities.

12.(e)    Your personal data will be treated as strictly confidential and will only be shared with:

12.(e).i  Planning Authority

12.(e).ii Building Control

12.(e).iii Other relevant states bodies pertinent to your application

12.(e).iv We will only share your data with third parties with your consent

12.(f)   We will keep your personal data for no longer than is necessary for a period of 10 years since the last correspondence with you in order to comply with our statutory insurance legislation.

13.    YOUR RIGHTS AND YOUR PERSONAL DATA

13.(a)    Unless subject to an exemption under GDPR, you have the following rights with respect to your personal data:

13.(a).i  The right to request a copy of your personal data which PF+A holds about you.

13.(a).ii  The right to request that PF+A corrects any personal data if it is found to be inaccurate or out of date.

13.(a).iii  The right to request your personal data is erased where it is no longer necessary.

13.(a).iv  The right to lodge a complaint with the Data Protection Commissioner’s Office.

14.    YOUR PERSONAL DATA CONSENT

14.(a)    By signing or confirming your acceptance of this agreement you are confirming you have read this Data Protection Notice and that you are consenting to PF+A holding and processing your personal data.

15.    CLIENT ACCEPTANCE

15.(a)    Client confirmation of acceptance of this fee agreement is necessary for the Consultant to commence work.

Confirmation may be by way of an email.

16. Entire Agreement:

These Terms constitute the entire agreement between Civilshape.com and you in relation to your use of this Website, and supersede all prior agreements and understandings.

17. Governing Law And Jurisdiction:

These Terms will be governed by and interpreted in accordance with the law of the state of Bihar, India, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Bihar, India for the resolution of any disputes.

NOTE: (i) Visitors must agree with all these Website Standard Terms and Conditions.*

          (ii) If You Have any qurstions about this Aggreement, please contact us by email at following means.* with subject 'TERMS AGGREMENT' 

Note: For any query about our Terms & Conditions E-mail us on info.civilshape@gmail.com