Terms & Conditions

Summary of Terms and Conditions

1. Definitions

Key terms include:

• "Agreement": This document and any associated project documentation.

• "Customer": The person or organisation purchasing services.

• "Deliverables": Software, documentation, or services as outlined in the project scope.

• "Scope of Work": Documents describing the services and deliverables provided.

2. General

These are a summary of our full terms that govern all services provided by ARCH from the moment of enquiry through to project completion/support. Our full T&C are available on request. While ARCH will endeavour to meet agreed timelines, deadlines are estimates and not binding until full and final scope is completed.

3. Services and Deliverables

ARCH will perform the services and deliverables outlined in the project scope. Full payment is required prior to the release of deliverables unless otherwise agreed.

4. Customer Responsibilities

The Customer must:

• Provide resources, information, and access necessary for ARCH to fulfill its obligations.

• Ensure employees and contractors cooperate with ARCH.

• Take responsibility for any delays caused by lack of cooperation or incomplete information.

5. Change Requests

Any changes to the project scope must be formally requested in writing. ARCH will provide an assessment of costs and timelines for approval before proceeding. Some changes may require investigation fees.

6. Testing and Acceptance

Customers are responsible for conducting acceptance tests using test scripts and data provided to ARCH. Software will be deemed accepted if:

• Used in live operations.

• If an external code review is required any support given or changes requested from this will be delivered by arch under time and materials. 

• It meets agreed functional requirements.

7. Support and Maintenance

Support services are available for an annual fee, including:

• Help desk assistance.

• Error corrections and patches for critical issues.
  Exclusions apply, such as faults due to misuse, unauthorised modifications, or third-party software issues.

8. Payments

• Fees must be paid within 15 days of invoicing.

• Late payments will incur interest as per the Late Payment of Commercial Debts (Interest) Act 1998.

• VAT is applicable unless stated otherwise.

9. Liability

ARCH is not liable for:

• Indirect or consequential damages, including data loss or business interruption.

• Issues caused by misuse, unauthorised modifications, or third-party software.
  Liability is limited to the value of the services provided.

10. Intellectual Property

Ownership of custom-developed software is transferred to the Customer after full payment. Pre-existing tools or third-party components remain ARCH’s property.

11. Confidentiality

Both parties must treat shared information as confidential for three years after the project ends. Disclosure is permitted only as required by law or regulatory bodies.

12. Termination

• Either party may terminate the agreement with 60–90 days' written notice, depending on the service type (e.g., production projects or support retainers).

• Upon termination, the Customer must pay for completed tasks, calculated proportionally based on the project completion percentage. ARCH will evidence completed work through design, code, or functionality demonstrations.

• Handover of code and design assets is a chargeable service delivered on a time-and-materials basis. This is invoiced at the applicable hourly rate, and all outstanding balances must be cleared before the transfer of any assets.

• After handover, ARCH assumes no responsibility for the codebase or any error states unless a new support agreement is entered into.

13. Data Protection

The Customer is responsible for compliance with data protection laws when using the software. ARCH accepts no liability for data misuse.

14. Non-Hiring of Personnel

Neither party may hire the other’s employees or contractors for 12 months after the agreement ends without prior written consent.

15. Force Majeure

Neither party is liable for delays or failures caused by events beyond their control, including natural disasters, strikes, or governmental actions.

16. Dispute Resolution

Disputes will be addressed through the following steps:

1. Meeting between representatives.

2. Escalation to directors.

3. If unresolved, technical disputes may be referred to an expert. Legal disputes will be handled by the High Court of Justice in England.

Note: for our full terms and conditions please request via your team.