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AGREEMENT GOVERNING
PROFESSIONAL SERVICES
The year , the day of the month of
BETWEEN
Mr , resident in
via , in the capacity of
born in on , Tax Identification Number
VAT Registration Number , hereinafter called the CLIENT;
AND
Architect , resident in via , with professional practice in via , chartered member of the Register of Architects, Planners, Landscape Designers and Conservationists of the province of Varese at position no. , self-employed, born in on , Tax Identification Number , VAT Registration Number , hereinafter called the
PROFESSIONAL;
THE FOLLOWING IS AGREED AND SPECIFIED
Art. 1 - Nature and subject of the appointment.
With this agreement, the Client assigns the Professional, who accepts, the fiduciary appointment for
located in the Municipality of
cadastral data , which the Client declares to own.
Art. 2 - Services requested from the Professional.
The professional appointment covered by the services listed in annex A is an integral part of this agreement.
The services not expressly indicated in this Agreement shall be excluded from this appointment.
The client declares that each point marked in annex A, in relation to the degree of complexity of the work and the relative necessary services, has been completely and thoroughly illustrated by the professional, who has provided all the explanations and information required to fully understand what is stated therein and thus declares to have accepted its contents.
Art. 3 - Presumed cost of the work.
The presumed cost of the work, for the sole purposes of determining the estimated amount of the remuneration, shall be indicated in annex A, which forms an integral part of this agreement.
The final amount of the fee shall be calculated, in compliance with the criteria set out in annex A, which forms an integral part of this agreement, with reference to the services actually carried out, on the final gross amount for the work and namely on the sum of all the amounts paid to the various enterprises or companies for works or supplies, calculated gross of any reductions.
Art. 4 - Basic documentation.
The Client agrees to provide the Professional with the following documentation for the performance of the appointment, guaranteeing that it perfectly corresponds to the factual state and truth:
· identity card and tax identification number;
· title deed;
· cadastral statement;
· agreements burdening the properties;
· registered and unregistered restrictions of a civil nature;
· application of a specific restriction;
· projects documents of any kind relating to the property (designs, surveys, geological testing, static calculations, etc.);
· previous construction procedures;
· public administration measures;
· amnesty or regularisation procedures;
·
and anything else necessary for the fulfilment of the appointment
Any search for the aforementioned documents by the Professional shall be carried out upon the Client's specific request, with advance notice of the charge for the relative services.
Art. 5 - Method of performing the appointment.
The Professional shall carry out the appointment using the methods indicated in annex A, which forms an integral part of this agreement, with full technical and organizational autonomy.
The professional may use the contribution of collaborators of his choice which he will manage personally, assuming full liability for them with respect to the Client.
Where regulatory requirements and/or administrative actions come into play during the execution of the services and/or after the presentation of the projects documents, not dependent on the Professional, that involve changes to the design choices, the Professional shall propose the introduction of the necessary changes, undertaking to carry them out if the fee for the additional services, required by the changes made, is agreed in advance between the parties.
Art. 6 - Changes and supplements.
If the Client deems it necessary to make any additional or different decisions to those stated in this agreement, the additional activities to be carried out by the Professional necessary for the aforementioned changes and/or supplements (including those requested by regulatory changes and/or administrative actions during the execution of the services and/or after the presentation or delivery of the projects documents) shall be compensated on the basis of a specific agreement between the Client and the Professional, to be defined before the start of the individual change or supplementary work, indicating the amount for any variation to the works.
Art. 7 - Terms for the performance of the appointment.
The appointment as described in articles 1 and 2 shall be completed within the following deadlines, barring causes of force majeure.
PHASE 1
· architectural feasibility study
· concept design of the building and summary estimate
timing: days from the signing of this agreement.
PHASE 2
· design for the issue of the building permit
· submission of paperwork at the Municipality for the issue of the permits required.
timing: days from the Client's acceptance of the services referred to in Phase 1.
PHASE 3
· architectural detailed design
· bill of quantities
· drafting of construction details
· overall architectural rendering
· any requests for a preliminary opinion for a Fire Prevention Certificate (Fire Brigade), Architectural and Environmental Heritage Superintendance, landscape application.
timing: days from .
For the purposes of the deadlines for carrying out the appointment, the administrative timing for the issuing of opinions and/or authorization shall not be considered.
Should new legislation be introduced during the appointment performance period the delivery times shall be reviewed.
The Professional agrees to comply with the terms set out for the individual phases of the services, barring different programming or division of phases, any postponements or deferrals, due to the project requirements or upon the request of the Client, previously agreed by the parties.
The appointment completion times shall, as a consequence, be extended in correspondence to the postponements or deferrals referred to in the previous paragraph.
Changes with respect to the time schedule referred to in this article, which the Professional may deem effective or foresee as possible, must be promptly communicated by the latter to the Client.
Art. 8 - Determination of the fee.
For the activities performed on the basis of this appointment, the fee to be paid to the Professional, by mutual agreement, for the services carried out and calculated on the basis of the calculation criteria set out in annex A, which forms an integral part of this agreement, amounts to €
( euros) net of VAT and the social security contribution at the legal rate at time the invoice is issued.
In addition to the fee, the amounts include all charges and expenses for the performance of the appointment as indicated in annex A.
Any amendments, variations and additions requested by the Client and/or that become necessary shall be compensated separately according to the methods in the previous article 6.
Any additional copies of the projects documents, requested by the client, in addition to the first copy, excluding any sketches and preparatory drawings, shall be charged at cost.
Art. 9 - Invoicing and payment
The remuneration referred to in the previous paragraph shall be paid according to the following procedures and terms:
· first down-payment amounting to …….% of the fee at the signing of this agreement, in addition to the social security contributions and VAT as required by law;
· second down-payment amounting to …….% of the fee at the end of phase 1, in addition to the social security contributions and VAT as required by law;
· third down-payment amounting to …….% of the fee at the end of phase 2, in addition to the social security contributions and VAT as required by law;
· the balance amounting to …….% of the fee at the end of phase 3, in addition to the social security contributions and
VAT as required by law;
At the deadlines indicated above the Professional shall issue a request for payment for the corresponding amount.
If payment is not made within the time limits stated in this article, the interest pursuant to art. 5 of Legislative Decree no 231 of 9 October 2002 shall accrue from the expiry date of said deadlines, in favour of the Professional and to be borne by the Client.
Art. 10 - Penalties, withdrawal, suspension and termination.
Failure to comply with the time limits set in the previous article 8 for reasons that can be attributed to the Professional shall involve a penalty, to be paid by the same, defined by the parties as 0.5‰ (zero point five per thousand) of the remuneration established for the individual phases, for each day of delay, with a maximum of 10% (ten per cent) of the contractual amount, which shall be withheld from the final balance of the remuneration due to the Professional.
If the delay, for reasons that can be attributed to the Professional, extends beyond days the Client, after providing formal written notice, shall have the right to terminate the agreement, pursuant to art. 1456 of the Italian Civil Code, paying the Professional the remuneration accrued for the services actually performed, net of the penalty accrued.
In the event that the professional appointment is revoked for causes that cannot be attributed to the Professional, the latter shall be paid, by way of full and final acknowledgement of all services and additional costs and charges, as well as the remuneration proportional to the appointment performed, an increase of 25% of the fee accrued up until that date.
In the case of interruption or refusal to continue the appointment by the Professional, the latter shall provide digital editable copies of its projects documents but only after the Client has signed an agreement and disclaimer on the actual use of the material delivered.
Art. 11 - Copyright.
The intellectual property and relative copyright of the design and anything else covered by the subject of this agreement shall be reserved for the Professional, notwithstanding the payment of its fees by the Client, pursuant to articles 2575, 2576, 2577 and 2578 of the Italian Civil Code, Law 633/41 on the “Protection of copyright and other rights related to its exercise” as subsequently amended.
The Professional has the right to publish models and photos of the work it has created; the Client, for itself, its heirs and assignees, hereby gives its consent for their publication, waiving any fee and/or compensation, it being understood in any case that the Professional has a duty to ensure the Client's absolute privacy with regard to the data relating to the property and location of the work, which shall not be disclosed in any way unless it has the Client's explicit permission.
If the Client intends to make the work designed by the architect public, it is required to mention the Professional's name, unless otherwise specified by the same.
Art. 12 - Provisions on privacy - secrecy, confidentiality.
Pursuant to Legislative Decree 196/2003 as subsequently amended (Protection of Personal Data Code), the Professional shall inform the Client that the processing of its information shall be based on the principles of correctness, legality and transparency and the protection of its privacy and rights, in compliance with the legal requirements.
The data spontaneously provided by the Client in the context of the Professional's activities shall be processed in compliance with privacy regulations.
The Professional shall agree to observe, and see that its employees and collaborators observe, the utmost secrecy with regard to all data provided by the Client.
The Professional, in particular, must maintain secrecy in relation to the drawings, specifications and any other document it is given for the execution of the Services; all the documentation provided shall be conserved with confidentiality and returned to the Client at the end of the services.
All the documentation and technical and commercial information provided by the Client must be considered strictly confidential.
It may not therefore be used for purposes other than those for which it was provided, unless the Client gives explicit written authorization to third parties for the execution of this agreement.
Art. 13 - Disputes and court with jurisdiction
The Court of Busto Arsizio shall have exclusive jurisdiction for all disputes that may arise between the parties in relation to the interpretation, execution and termination of this agreement.
However, before resorting to the courts, the parties shall be obliged to make an attempt at conciliation before a mediation body accredited by the Ministry of Justice. Please note, the Register of Architects has a recognized mediation centre.
Art. 14 - Final provisions
For anything not explicitly covered by this agreement refer to the provisions of article 2222 and following and article 2229 and following of the Italian Civil Code, the current professional parameters, and other applicable provisions of the law.
It is hereby acknowledged that this agreement is drawn up in duplicate, and that the remuneration provided for therein is subject to value added tax.
Busto Arsizio,
Read, confirmed and signed.
THE CLIENT THE PROFESSIONAL
The Client declares under its own responsibility that the appointment covered by this agreement has not been previously assigned to subjects or professional bodies, or that any previous ones were regularly settled. It also declares that the services referred to in this agreement, in terms of the degree of complexity of the work, have been completely and thoroughly illustrated by the Professional, who has provided all the explanations and information required, pursuant to article 9 of Law 27/2012, in order to fully understand what is stated therein and declares to have accepted its content. Finally, it declares to have received, before the signing, a full copy of this document, composed of 5 sides, and to have examined it well and understood it, and to have discussed each clause and condition with the Professional.
The Professional, accepting the appointment, declares, under its responsibility, that it is not in any situation that would be incompatible with the performance of its professional mandate.
Pursuant to the second paragraph of article 1341 of the Italian Civil Code, articles 10, 11 and 13 of this agreement are expressly approved.
Busto Arsizio,
THE CLIENT THE PROFESSIONAL
The Professional informs the Client that, at the signing of this agreement, he/she has a mandatory current insurance policy relating to the exercising of his/her profession, as provided for by ......
Annexes:
Annex A: