Terms of Service

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and BDA ARCHITECTURE, P.C., located at 901 Lamberton Pl NE, Albuquerque - 87107-1659, United States (US). By using our website or engaging our practice, you accept these terms in full. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization to this agreement.

A signed professional services agreement, where one is executed for a project, takes precedence over these terms to the extent of any conflict. These terms apply to the website, to preliminary enquiries and to any work not covered by a separate written contract.

We may update these terms as described in a later section. The version in force at the time you use the website or engage our services is the version that governs that use. We encourage you to review this page periodically and to keep a copy for your records.

2. Definitions

The following definitions apply throughout these terms. The Company, we, us and our refer to BDA ARCHITECTURE, P.C. Client refers to any person or organization that engages the Company for architectural services. Website refers to the site operated by the Company and all content made available through it. Services refers to the architectural, planning, sourcing, review and related services described on the website, including desert residential design, courtyard planning studies, material sourcing advice, renovation and additions, small civic buildings and construction detail review. Deliverables refers to drawings, specifications, models, reports and other documents prepared by the Company.

A project agreement means any written contract, letter of appointment or accepted proposal that sets out the scope, fee and schedule for a specific project. A variation means a written change to that scope, fee or schedule agreed by both parties after the project agreement takes effect.

3. Eligibility and Permitted Use

You may use our website and services only for lawful purposes and in accordance with these terms. You agree not to use the website in any way that violates applicable law, infringes the rights of others, or interferes with the operation and security of the site. You may not attempt to gain unauthorized access to any part of the website, to the accounts of others, or to any system connected to the website.

We provide architectural services to adults and to organizations. By engaging us, you confirm that you are at least the age of majority in your jurisdiction. We may decline service, close an enquiry or refuse access to the website at our discretion where we reasonably believe these terms are being breached or where a conflict of interest exists.

You are responsible for the equipment, software and network access needed to reach the website. The Company is not liable for any interruption of your access that arises from your own systems or from circumstances beyond the Company control.

4. Professional Services and Proposals

Descriptions of services on this website are provided for general information and do not constitute a binding offer. Architectural services begin only when the Company issues a written proposal and the client accepts it, whether by signature or by another agreed written form. Each proposal sets out the scope of work, the stages of service, the assumptions on which the fee is based and the periods within which the work will be performed.

Where a project scope changes after acceptance, the Company will discuss the implications with the client and adjust the fee, schedule or both through a written variation. Additional services requested by a client, such as extra design options, extended site attendance or coordination with parties beyond those named in the proposal, are treated as variations and billed accordingly.

The Company performs its services with the reasonable skill and care expected of a competent architectural practice in the region. The Company does not provide legal, structural, geotechnical or surveying services unless expressly engaged to coordinate such specialists, and it relies on the reports those specialists produce.

5. Fees, Invoicing and Payment

Fees for services are set out in each proposal and may be expressed as a lump sum, as a percentage of construction cost, as a time charge, or as a combination of these. Unless stated otherwise, fees exclude permits, agency charges, printing, travel, specialist consultant charges and applicable taxes, which are charged in addition.

Invoices are payable within the period stated on the invoice. The Company may suspend work where an invoice remains unpaid after that period and may charge interest on overdue amounts where permitted by law. Where work is suspended for non-payment, the client remains responsible for fees for services already performed and for commitments already made on the project. All amounts are stated in United States dollars unless agreed otherwise.

The client is responsible for charges levied by public agencies, for the cost of reproductions and courier deliveries, and for reasonable travel and accommodation where site attendance is required outside the local area. Where the Company engages a specialist consultant at the client request, the consultant charges are passed on either at cost or with a coordination margin stated in the proposal.

6. Client Responsibilities

A successful project depends on prompt and accurate input from the client. The client agrees to provide complete and correct information about the site, the property, the intended use of the building and any known restrictions affecting the land. The client agrees to respond to requests for decisions within reasonable periods so that the schedule can be maintained.

The client is responsible for engaging other required professionals, such as surveyors, geotechnical engineers and legal advisers, unless the Company has agreed in writing to coordinate them. The client is responsible for obtaining the consents of other parties whose property or rights may be affected by the project, and for ensuring that any information supplied to the Company does not infringe the rights of a third party.

Where the client appoints a contractor, the client is responsible for the contractor compliance with the construction documents and for the safe conduct of the site. The Company may observe construction and report on conformity, but observation is not a substitute for the contractor duty to build correctly and safely in accordance with the documents and applicable codes.

7. Intellectual Property and Drawings

All drawings, specifications, models, sketches and reports prepared by the Company remain the intellectual property of the Company unless a separate written agreement states otherwise. The client receives a license to use the deliverables for the project for which they were prepared, and for no other purpose. Deliverables may not be reused on another site, in another building or by another party without the written consent of the Company.

The Company retains the right to reproduce images and descriptions of completed work for portfolios, publications and professional submissions, provided that personal and confidential information is not disclosed without agreement. The website content, including text, layout and graphics, is owned by the Company and may not be copied or redistributed without permission.

Where the client has paid in full for a set of construction drawings prepared for a single project, the client may use those drawings to build that project once. Any further use, including building a second structure from the same documents, requires a new agreement and a new fee. This protects the integrity of the design and the safety of any future work.

8. Website Content and Accuracy

We take care to keep the website accurate and current, but we do not warrant that every statement, description or detail is complete or free from error. Industry pages, service descriptions and general information are provided as a general guide and may be updated, reorganized or removed without notice. Nothing on the website should be relied upon as professional advice for a specific site without a written engagement.

Climate, code and material conditions vary from place to place and change over time. A method that suits one desert site may not suit another. For this reason, the website is a starting point for conversation rather than a substitute for a project specific assessment.

The Company may correct, expand or remove website content without notice. Where the website and a signed proposal disagree, the signed proposal governs. No statement on the website should be read as a promise about cost, schedule, regulatory outcome or the performance of a particular material in a particular location.

9. Third Party Materials and Links

The website may link to third party websites, maps, documents and services. Those resources are provided for convenience only, and the Company does not control and is not responsible for their content, accuracy or availability. A link does not imply endorsement. Your use of a third party resource is governed by that party and its own terms and privacy practices, and you should review those terms before relying on the resource.

If the Company provides a downloadable document on the website, it is offered for general reference only and does not create a professional relationship. You should not rely on a sample document for a real project without engaging the Company for advice specific to your site and circumstances.

10. Permits, Approvals and Regulatory Matters

Unless the proposal states otherwise, the client is responsible for obtaining zoning approvals, building permits, historic review clearances and any other consents required for the project. The Company prepares drawings and documents to support those applications and may assist with submissions and responses to reviewing agencies where the proposal includes such service.

The Company does not guarantee that any agency will grant an approval, and it is not responsible for decisions made by public authorities, review boards or neighbors. The client acknowledges that regulatory requirements can change during a project and that such changes may affect scope, schedule and cost.

Inspections, certificates and approvals are the responsibility of the relevant authority and of the contractor. The Company will respond to comments and provide the information the authorities reasonably require within its scope, but it does not control the timing or the outcome of a review.

11. Disclaimers

The website and its content are provided on an as available basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not warrant that the website will be uninterrupted, secure or free from error, or that defects will be corrected.

Construction involves parties beyond the Company, and the Company is not responsible for the acts, omissions or workmanship of contractors, suppliers or other consultants. The Company does not warrant the performance of materials or systems installed by others, although it will review submittals and details as described in the scope of service.

12. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, loss of use, loss of data or business interruption, arising out of or related to the website or the services, even if the Company has been advised of the possibility of such damages.

Where liability cannot be excluded, the total liability of the Company arising from or related to a project shall not exceed the total fees paid to the Company for that project. Nothing in these terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where such limitation is prohibited.

13. Indemnification

You agree to indemnify and hold harmless the Company, its officers, employees and agents from any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the website, or your violation of any law or the rights of a third party.

The Company agrees to indemnify the client against third party claims to the extent they arise from the negligent performance of professional services by the Company, subject to the limitations and conditions set out in the project agreement and to any applicable professional insurance arrangements.

14. Confidentiality

Each party agrees to keep confidential the non-public information of the other that is disclosed in the course of a project. This includes site information, personal details, financial data and design material. Confidentiality obligations do not apply to information that is already public, that is independently developed without use of the disclosed information, or that must be disclosed by law or court order.

Where disclosure is required by law, the party subject to the requirement will, where it is lawful to do so, give the other party prompt notice so that protective steps can be considered. Confidentiality obligations survive the completion or termination of a project.

15. Termination and Suspension

Either party may terminate a project agreement in accordance with its terms, typically by giving written notice as specified in the proposal. On termination, the client remains responsible for fees for services performed up to the date of termination and for non-cancellable commitments made on the project behalf.

The Company may suspend services where an invoice is unpaid, where site conditions become unsafe, or where the client fails to provide information reasonably required to proceed. Where services are suspended, the Company will confirm the steps required to resume and will adjust the schedule as necessary.

16. Governing Law and Dispute Resolution

These terms and any dispute arising out of or relating to them are governed by the laws of the State of New Mexico, United States, without regard to conflict of law rules. The parties agree to attempt to resolve any dispute through good faith discussion before commencing formal proceedings.

Where a dispute cannot be resolved through discussion, the parties agree to submit it to mediation before a mutually acceptable mediator before pursuing litigation. If mediation does not resolve the matter, the dispute shall be brought before the courts of competent jurisdiction in the State of New Mexico, and each party consents to the jurisdiction and venue of those courts.

17. Changes to These Terms

The Company may revise these terms from time to time. When we do, we will update the date shown at the top of this page. Continued use of the website after a revision indicates acceptance of the revised terms. If a change is material and affects an active project, we will communicate it to the client in writing rather than relying solely on this page.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18. Contact Information

If you have questions about these Terms of Service, please contact the Company using the details below. We welcome the opportunity to clarify any provision.

• Company: BDA ARCHITECTURE, P.C.
• Address: 901 Lamberton Pl NE, Albuquerque - 87107-1659, United States (US)
• Email: care@bdaarchitecture.lol
• Phone: +14028595949

These terms, together with any project agreement, constitute the entire understanding between you and the Company regarding the website and the services. Thank you for taking the time to read them.