Terms & Conditions

INFORMATION ABOUT H-ARCHITECTS

WAs a customer or prospective customer, we are happy to provide you with the information about our company that the Economic Law Code in Article III-74 requires. This information was written on 02/02/2018.This information is just a translation, in case something is unclear the 'algemene voorwaarden' in Dutch apply.

Name: H-Architects
Legal form: BV
Address of the registered office: herfstlaan 65, 3010 Kessel-Lo
Address of the Antwerp office: Antwerpsesteenweg 230, 2660 Hoboken
Company number: BE0646.974.162

Professional Titles: Architect
Country of granting of the title: Belgium
Professional organization: Orde van Architecten Vlaams-Brabant
The architect is subject to the deontological code of the Order of Architects. This is available on its website www.architect.be.

TERMS AND CONDITIONS

Belgian law applies to these general terms and conditions, and disputes will be heard in a Belgian court. When signing outside the office, the customer has a right of withdrawal for 14 days, which must be reached in writing.

FEES: METHOD OF CALCULATION

We use several methods depending on the type of project. We decide together during the contract discussion.

Option A

The architect's fee is determined according to the effective duration of the work and a unit cost.

Option B

The architect's fee is determined according to the fixed estimated duration of the tasks and a unit cost. The duration is estimated at a fixed rate. Additional assignments or unexpected tasks will be charged on the basis of real time use.

Option C

The architect's fee is determined by a percentage on the global actual value of the construction project, without taxes, i.e. on all actual expenditure up to completion and the economic value of the in-house work carried out by the client. The fees are provisionally calculated on the basis of the construction budget. The final fee is calculated on the actual cost price.

Option D

The Architect's fee is determined by a percentage of the construction project budget. Additional work is charged at the same percentage, less work is not.

Other costs

The following costs are charged separately:

  • Additional copies of plans, printing costs

EXCEPTIONAL PERFORMANCE

Exceptional performances are counted at the hourly wages stipulated in the contract for the additional performances.

PAYMENT TERMS AND CONDITIONS

All amounts owed to H-Architects are only payable by means of a deposit into the IBAN account number BE57 7390 1306 9335 within 15 days. Any dispute about a fee note must be notified in writing to H-Architects within 15 days.

Any amount that is not paid within 15 days is automatically and legally increased by 20% (with a minimum of 25 euros), as fixed compensation and without notice of default due to the simple expiry of the term. A late payment interest of 1% per month is also due and all collection costs are charged (collection office, lawyer).

INSURANCE

Civil Professional Liability policy has been taken out with AR-CO cvba insurance company with address at 1060 Brussels, Tasson-Snelstraat 22, tel. 02 / 538.66.33 .; recognized by the NBB and FSMA under no. 0330, KBO no. 0406 067 338. The geographic coverage of the insurance includes the BENELUX and can be extended to other EU countries on request.

Term

Advice is given within a period of 30 days after the first interview or site visit. Other services are determined in mutual consultation for each phase and for the entire Construction Project in the Architecture Agreement. The General Terms and Conditions contain in Article 12 the cases in which the contract can be terminated.

TERMINATION OF THE AGREEMENT

The agreement ends with the payment of the balance of the fees due. The agreement also ends with the death of the Service Provider or with the liquidation of his company. The Client undertakes to pay the heirs or legal successors the fees for the completed studies.

Both Parties can terminate the agreement by mutual agreement. In case of early termination by the client, compensation must be paid.

DThe agreement can be dissolved after notice of default and after a written notice of 30 days, provided that the payment of the fee is due to the Service Provider for the costs and performances incurred:

  • In case of a serious shortcoming of the other party
  • Failure to comply with the agreed implementation period.

APPLICABLE LAWS

This agreement is subject to Belgian law.

HANDLING CONFLICTS

Except in cases of urgency, the Parties will refrain from summoning each other without having given a prior notice of default.

The Parties will attempt to amicably resolve any conflict relating to the interpretation or performance of this Agreement, with or without the assistance of third parties.

The courts of (Client's residence / Belgium) are competent to settle disputes between the Parties.

The possible invalidity of a contractual provision or part of the agreement only leads to the nullity of that provision and not to the nullity of the entire agreement.

RIGHT OF WITHDRAWAL

The Client has the right to revoke an agreement signed outside the offices of H-Architects within 15 days.

Useful links (Dutch) https://www.architect.be/nl/contact/, https://www.architect.be/nl/juridisch/wetteksten-aanbevelingen/reglement-van-16-december-1983-van-beroepsplichten-door-de-nationale-raad-van-de-orde-der-architecten-vastgesteld/