Company Policies
Design
DESIGN
Company Policy – Design
Once the client begins working with the company, the policies below are to be adhered to
Exclusivity
Agreements and projects in its entirety are firmly between H J Designs Ltd/Keycore Management GOC Ltd and the Client/s and shall supersede and replace any previous agreement reached between the parties in relation to the Project including any oral or partly oral agreement.
Inspection
HJ Designs Ltd/Keycore Management GOC Ltd shall permit the client to examine the works done by HJ Designs Ltd/Keycore Management GOC Ltd at any time during the construction of the building for the sole purpose of determining whether such works conform with the terms of the agreement as agreed. However, no third-party company or their personnel shall be permitted to conduct the inspection unless that company has been mutually agreed upon by the client and H J Designs Ltd/Keycore Management GOC Ltd.
Payment
At the time of entering into agreement, the client shall pay the sum amount IN WHOLE outlined on the documents provided by H J Designs Ltd/Keycore Management GOC Ltd on account of ‘Design Phase’, i.e. including architectural designs, consultations, on-site visits and approvals preparation (town and country, regional, and health). This sum shall be non-refundable by the time the plans have reached 25% completion typically after the 3D render is provided or where our considerations would’ve been provided. Noted, any and all exterior changes after the client has approved and received the 3D render, a fee of $10,000 is incurred.
In the event where the client makes a down payment on the design plans, the balance is immediately due upon receiving the 3D render
Refunds and Reimbursements
Should the client need to be refunded for fees associated with the project, timeline for design refunds are 4-6 weeks as strictly required by accounting, after the final figure has been settled by both parties.
Changes made after final render and design plan
Where the client requests changes to be made on both the interior or exterior of the design after the final render has been produced by the company and shared with the client, the client is liable to pay the company $12,000 for all structural and architectural design revisions requested.
Termination
· Where the agreement (verbal and signed) is terminated by the client prior to making the architectural design payment and design work has already started (in the form of sketches, working design models etc), the client shall pay to HJ Designs Ltd/Keycore Management GOC Ltd the aforementioned payment forthwith upon the termination of this agreement, this will represent the value of work done up until the time of termination i.e. sketches, consultations, administration etc. This payment shall be made within no longer than 30 days, any longer and a 10% interest fee on the total amount shall be incurred on the clients part.
· Where the agreement (verbal and signed) is terminated after the architectural and engineering plans have begun, the client shall pay both in full within no more than 1 month, all designs and engineering work shall cease and end and the client will receive the work done thus far via email- not hardcopy. This payment shall be made within no longer than 30 days, any longer and a 10% interest fee on the total amount shall be incurred on the clients part.
· Where the agreement (verbal and signed) is terminated before 3D renders have begun, but the architect has provided schematic designs and design document drafts for approval to the client, and the client has made a down payment, the payment is forfeited unless otherwise specified by the company and their legal team.
Pandemic Protocol
Should there be a government mandated lockdown during the course of the architectural plans, work will still be conducted, however at a lesser pace due to decreased office personnel days and hours.
Non–disparagement
At all times following working with the company even after termination is ensued, neither Party shall engage in any vilification of the other, and each Party shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including management style, methods of doing business, the quality of products and services, role in the community, or treatment of employees. HJ Designs Ltd/Keycore Management GOC Ltd acknowledges that the only persons whose statements may be attributed to the Company for purposes of this covenant not to make disparaging statements shall the client. The Parties shall do nothing that would damage the other’s business reputation or good will.The client shall not disparage, discredit or in any way defame H J Designs Ltd/Keycore Management GOC Ltd or any of its members, employees or agents or engage in any activity which would have the effect of disparaging, discrediting or defaming H J Designs Ltd/Keycore Management GOC Ltd both in person and online.
Client Privacy
H J Designs Ltd/Keycore Management GOC Ltd shall not use or in any way disclose, either during or after the subsistence of this agreement, any proprietary or confidential information of the client without the client’s prior written permission except to the extent that such use or disclosure is necessary for the performance of their obligations under this agreement. This excludes social media content needed for the company’s marketing i.e. pictures, videos etc. HJ Designs Ltd/Keycore Management GOC Ltd reserves the right to post any and all architectural designs, floor plans, construction/renovation works during the course of the works and after, however we will ensure not to disclose the clients property location to ensure client safety.
Construction
Company Policy – Construction
Once the client begins working with the company, the policies below are to be adhered to
Estimate
Prices outlined are based on the cost/price at the time of confirmation and agreement. H J Designs Ltd/Keycore Management GOC Ltd shall not be held responsible for covering any increases in costs originally agreed upon where such increases arise due to inflation, scarcity or other factors beyond the control of either party to this agreement. However, once H J Designs Ltd/Keycore Management GOC Ltd becomes aware that there has been or there is likely to be an increase in costs as hereinbefore stated, H J Designs Ltd/Keycore Management GOC Ltd shall inform the client as soon as possible identifying the materials and/or services that have been or is likely to be affected by the increases in costs.
Contingency
The client must confirm a reasonable contingency budget aside from the total construction budget i.e. a minimum of 5-8% of total construction cost to cover unforeseen structural expenditure. Anything unforeseeably arising out of construction/renovation will not be covered by HJ Designs Ltd/Keycore Management GOC Ltd. This amount is NOT immediately made payable to HJ Designs/Keycore Management GOC Ltd, should there be need for contingency budget use, the client will be informed with a justified reasoning and provided an invoice for payout. Payout must be done within 30 days, any longer and a 5% interest fee is incurred on the clients part.
Termination
· Where the agreement is terminated by the client after the commencement of construction preparation and construction the client shall become immediately liable to pay HJ Designs Ltd/Keycore Management GOC Ltd all monies due after owing for labour organization and administrative expenses, i.e. 15% of the total construction cost. This payment shall be made within no longer than 30 days, any longer and a 10% interest fee per week or part thereof on the total amount shall be incurred on the clients part.
· Where the agreement is terminated during the course of a construction phase, the phase shall be completed with the client paying all fees associated for said phase, including any inflation costs that may arise. The phase shall be completed within no longer than 45 days (this time excludes possible rainfall).
Pandemic Protocol
Should there be a government mandated lockdown during the course of construction, all construction MUST come to an absolute halt. Any costs arising because of this due to material exposure, inclement weather, pilferage etc, the client will be informed. Termination during the course of a government mandated lockdown is absolutely prohibited.
Non–disparagement
At all times following the signing of this Agreement even after termination is ensued, neither Party shall engage in any vilification of the other, and each Party shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including management style, methods of doing business, the quality of products and services, role in the community, or treatment of employees. HJ Designs Ltd/Keycore Management GOC Ltd acknowledges that the only persons whose statements may be attributed to the Company for purposes of this covenant not to make disparaging statements shall the client. The Parties shall do nothing that would damage the other’s business reputation or good will.The client shall not disparage, discredit or in any way defame H J Designs Ltd/Keycore Management GOC Ltd or any of its members, employees or agents or engage in any activity which would have the effect of disparaging, discrediting or defaming H J Designs Ltd/Keycore Management GOC Ltd both in person and online.
Client Privacy
H J Designs Ltd/Keycore Management GOC Ltd shall not use or in any way disclose, either during or after the subsistence of this agreement, any proprietary or confidential information of the client without the client’s prior written permission except to the extent that such use or disclosure is necessary for the performance of their obligations under this agreement. This excludes social media content needed for the company i.e. pictures, videos etc. HJ Designs Ltd/Keycore Management GOC Ltd reserves the right to post any and all architectural designs, floor plans, construction/renovation works during the course of the works and after, however we will ensure not to disclose the clients property location to ensure client safety.
Refunds and Reimbursements
Should the client need to be refunded for fees associated with the project, timeline for refunds are 4-6 months for projects under $500,000 and 6-8 months for projects over $500,000, after the final figure has been settled by both parties. Please note at any time during the course of construction, the client shall not refund themselves for any costs associated with the project i.e. taking away from the project total amount. The construction cost is to be untouched unless stated otherwise by management and reimbursements sorted and paid after. In instances where the total amount to be reimbursed is unclear to the client and the company, the client shall hire a Quantity Surveyor to produce a QS report outlining the total figure to be reimbursed, taking into account the material bought by the company and labor done by the contractor. Note, the company does not accept QS valuation reports.
Dispute Resolution
Should any dispute or difference arise at any time arise between the parties as to the interpretation of this agreement or arising out of this agreement or as to the rights, liabilities and duties of the parties hereunder, or as to the execution of the said works, the same shall be referred to the arbitration and final decision of an arbitrator to be agreed upon and appointed by both the parties or in case of disagreement as to the appointment of a single arbitrator, to the appointment of two arbitrators one to be appointed by each party, which arbitrators shall, before taking upon themselves the burden of reference, appoint an umpire whose decision in the matter shall be binding on both the parties. It is hereby provided that the arbitrator so appointed shall make his award within six months from the date of the arbitrator or arbitrators, as the case may be, entering on the reference. This submission to arbitration shall be deemed to be a submission to arbitration within the meaning of Arbitration Act 5 1939 of Trinidad and Tobago or any statutory modification thereof. The award of the arbitrator or arbitrators, as the case may be, shall be final and binding on the parties. The parties agree that if work under this agreement has not been completed at the time of reference of dispute to arbitration, the work shall discontinue during the arbitration proceedings and the client shall make any outstanding payment to the company within the provisions of this agreement and shall not withhold any money payable to the company on account of arbitration proceedings unless authorized by the arbitrators. Each party will pay for their own legal consultations and representations as needed.