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Joseph J. Smerina, AIA & Giuseppe R. Anzalone, AIA

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NEW YORK DESIGN ARCHITECTS, LLP

Joseph J Smerina, AIA & Giuseppe R Anzalone, AIA

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175 West Broadway

New York, NY 10013

Tel: 212 680 0140

Email: info@newyorkdesign.com

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TERMS OF USE

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern New York Design Architects LLP's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term 'New York Design Architects, LLP' or 'us' or 'we' refers to the owner of the website whose registered office is located at 175 West Broadway, New York NY 10013 U.S.A. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following TERMS OF USE:

1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties.

3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and that we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to design, layout, look, appearance and graphics. Reproduction other than in accordance with the copyright notice which forms part of these terms and conditions is prohibited.

6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

PRIVACY POLICY

COLLECTION OF PERSONAL INFORMATION

When you use our Products or Website, you may be asked for personally identifiable information such as your name, address, email address and telephone number.

By giving us such information, you consent to our usage of it in the manner described in this policy.

You may withdraw your consent at any time by emailing us at info@newyorkdesign.com. We will return or destroy your personal information within five days of receipt of your consent withdrawal.

COOKIES

Cookies are small data files that a website you visit may save on your computer or handheld device that usually includes an anonymous unique identifier. We may use cookies for user authentication, keeping track of your preferences, promotional campaigns, tracking our audience size and traffic patterns and in certain other cases. We may include small graphic images in our email messages and newsletters to determine whether the messages were opened and the links were viewed.

SECURITY

All security on our website is treated seriously. Where applicable, we undertake security steps, including use of SSL technology on our back-end systems that store customer account information and protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.

If you have any further concerns about security, please email our Customer Service team at info@newyorkdesign.com.

REFUND AND SHIPPING POLICY

Returns

Our refund policy is 30 days. Unfortunately, we cannot offer you a refund or exchange after this period. To be eligible for a return, your item must be unused and in the same condition that you received it. To complete your return, we require a receipt or proof of purchase.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within a certain amount of days.

Shipping

Our products are shipped within 30 days by FedEx. To return your product, you should mail it to New York Design Architects, 175 West Broadway, New York, NY 10013. You will be responsible for paying for your own shipping costs when returning an item. If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

A SIGNED CONTRACT and retainer is required prior to commencement of any work. All other work will be billed at the completion of each phase and payable within 30 days of invoice. NYDA reserves the right to stop work due to open balance of greater than 45 days. Payments overdue will be subject to an 18% late fee. Approvals will be issued upon receipt of payments. The provisions of the American Institute of Architects Standard Form of Agreement between Architect & Owner, (latest edition) shall strictly apply to this agreement. These fees are valid for 30 days from the date of this proposal. The owner agrees to hold harmless and indemnify, NEW YORK DESIGN ARCHITECTS, LLP, partners and consultants for and against all claims, damages, awards and costs of defense arising out of delays in performance resulting from events beyond their control. Whereas job-site safety conditions are the sole responsibility of the contractor, the client agrees to hold harmless and indemnify NYDA, partners and consultants for and against all claims, damages awards and costs of defense arising out of claims related to job-site safety. The client agrees to stipulate within his / her contract that the contractor (or client) shall purchase builders risk insurance which names the contractor, the clients agents, and designer as additional insured. In recognition of the relative risks, rewards and benefits of the project to both the client and the firm, the risks have been allocated such that the client agrees that, to the fullest extent permitted by law, the firms total liability to the client for any and all injuries, claims, losses, expenses damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed our fee or 5%, whichever is less. Such shall include, but are not limited to, the firm’s negligence, errors, omissions, strict liability, breech of contract or breech of warranty. All drawings and electronic files will remain the property of NYDA. NYC law prohibits engaging in construction related activities without first securing a work permit. Work performed without proper permits and approvals are done at the owner’s own risk. Civil penalties must be paid at both ECB and DOB levels. Client is responsible for these fines. This proposal is valid for 12 months from acceptance date. If project is not completed within this 12 month period, NYDA will bill the client hourly for all work beyond the 12 month period in addition to the fee. In addition NYDA will charge a maintenance fee of $50 / month/ application to client to maintain the file current, tracking of the applications with the Dept. of Bldgs unless NYDA is superseded by another Architect of Record or withdraw responsibility from project.

REIMBURSABLES EXPENSES

There is a 20% mark up on reimbursable expenses such as city fees, overnight packages, printing, etc… If a credit card is provided at beginning of project for these reimbursable expenses client will be charged a 10% markup instead of 20%. By providing a credit card, the client hereby agrees to authorize NYDA o make these charges so as not to delay the project work. NYDA will notify the client by email prior to making charges to the clients account.

Directive 14 Review

A Directive 14 filing may be done by this office, which will allow for final inspection of the work by an Architect instead of the Building Dept. Under new DOB policy effective 07/01/08 the Architect responsible for the final inspection must ensure that the work is signed off and that permits remain active during the duration of the project. The inspecting Architect is subject to fines & revocation of filing privileges with the City of NY, if the project is not signed off or the application withdrawn within one year. By requesting NYDA to file D-14, the owner agrees to maintain an active permit during the duration of construction and to promptly obtain required plumbing & related signoffs. The client further acknowledges that if the project exceeds 1 year or if permits become inactive, NYDA reserves the right with no further notification to the client to withdraw from his role as Architect responsible this project. This action may result in violations or fines from the Dept. of Bldgs and a Stop Work Order being place on the project.

Note: Client has the right to retain a registered Special Inspection Agency to perform these required inspections. If this option is selected, the above paragraph will not apply.

Self-Certification

The City of NY allows Architects to self-certify projects & by pass a formal plan review in order to expedite a project. This process is subject to audit by the Dept. of Bldgs. “Technical Compliance Unit”. In the event this project is audited, additional work and fees will be required to remedy this situation. The client will be responsible for these fees and hereby agrees to pay these expenses. The client agrees to indemnify and hold harmless NYDA for additional project costs & delays to a project incurred because of the deferral of a plan examination.

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