Please read this Master Service Agreement carefully. It governs the relationship between NOVARCH LLC and our Partners regarding BIM production and architectural support services.
By accessing the NOVARCH Portal, engaging our services, or purchasing a retainer package ("Universal Hours"), you ("Client") agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.
NOVARCH LLC reserves the right to modify these terms at any time. Continued use of our services constitutes acceptance of the updated terms.
Production Support Role: NOVARCH LLC provides technical architectural support, BIM modeling, drafting, and visualization services. We act as a consultant to the Client.
Not an Architect of Record: NOVARCH LLC is NOT the Architect of Record for any project in the United States or any other jurisdiction. We do not stamp or seal drawings.
Client Responsibility: The Client (Registered Architect or Engineer) retains full professional responsibility for reviewing, approving, and stamping all deliverables provided by NOVARCH before submission to any authority having jurisdiction (AHJ) or use in construction.
Universal Hours: Services are billed based on pre-purchased block hours or a monthly retainer. Hours are deducted based on the complexity multipliers defined in our Capacity Planning chart.
Work Made for Hire: Upon full payment of all applicable fees, NOVARCH assigns to the Client all right, title, and interest in the deliverables (Revit models, CAD drawings, Renders) created specifically for the Client's project.
Pre-Existing IP: NOVARCH retains ownership of its proprietary methods, Dynamo scripts, standard families, and BIM templates ("Background Technology") used to generate the deliverables. The Client is granted a non-exclusive, perpetual license to use this Background Technology solely as embedded within the specific project deliverables.
To the maximum extent permitted by applicable law, NOVARCH LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
Liability Cap: In no event shall NOVARCH LLC's aggregate liability for any claim exceeding the total amount paid by the Client to NOVARCH in the three (3) months preceding the claim.
These Terms shall be governed and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Maricopa County, Phoenix, Arizona.