Archestra Infotech Private Limited, a private limited company duly incorporated and existing in accordance with the Companies Act, 2013 and having its registered office at Plot No. 19, Block-1, W.H.S., Kirti Nagar, New Delhi, India, 110015 (“Us”, “We”, “Company” or “Our”) owns, operates and manages a website under the name and style of Archestra (referred to as “Platform”).
To ensure a secure and collaborative work environment for both clients and freelancers, our platform has enabled an escrow system wherein payments would be made through an escrow system. All clients engaging an architect would be required to deposit funds into an escrow account, before any Service Phase begins. In addition to these Payment Terms, the master service agreement executed between a client and an architect on the platform would govern the mechanics of the payment system and service phase completion.
A client will required to place funds in escrow, serving as a neutral intermediary. Escrow is a well accepted and secure customary practice in the freelance industry and ensures that the actual disbursement only takes place when the work is reviewed and accepted as per mutual term, and also ensures that there are no delays in the payment. Considering your money will be deposited in the escrow system provided by the platform, the disbursal would happen only as per the terms agreed between the parties and disbursal conditions specified herein. The money deposited by you will remain in escrow until the completion of the entire project or specific milestones.
The amount to be deposited in the escrow can be decided mutually between the client, however, the minimum requirements are a minimum of one upcoming service phase amount to be deposited in the escrow. The platform assures any refund of the amount deposited in the escrow in case there is a scenario that qualifies as a Permitted Reversal, within 14 days of a formal request from the client.
1. NATURE AND APPLICABILITY OF TERMS
1.1. This Fees and Payments Policy (“Payment Terms”) , together with the Terms and Conditions for Clients available at archestra.co/terms-condition-architect and Terms and Conditions for Architects available at archestra.co/terms-condition-architect (hereinafter collectively referred to as “Terms and Conditions” as the context may require) describes Our accepted payment methods, and Our policies and procedures in relation to acceptance of fees and payments towards the services offered through the Platform. Our primary object is to ensure that the Platform is a user friendly and equipped with reasonably expected security infrastructure to protect any financial information which may be shared by the User.
1.2 These Payment Terms apply to you whether you are an Architect (as Defined under the Terms and Conditions for Architects) or an End-User or Client (as Defined under the Terms and Conditions for Clients) (hereinafter collectively referred to, for the purposes of interpretation of these Payment Terms, as “User(s)”).
1.3 By using the Platform and/or entering into a Master Service Agreement on the Platform, you agree to be bound by the terms contained in these Payment Terms without modification. If you do not agree to the terms contained in these Payment Terms, you are advised not to transact on the Platform. Please note that, we may from time to time change the terms of the Platform that govern Our terms of accepted payment methods, and Our policies and procedures in relation to acceptance of fees and payments towards the services offered through the Platform. Every time you wish to use the Platform, please check the policy to ensure you understand the terms and conditions that apply at that time. If you do not agree to the terms contained in these Payment Terms you are advised not to accept the Terms and Conditions (as may be contextually applicable) and these Payment Terms and may discontinue using the Platform
2. FEES AND PAYMENT OPTIONS
2.1. In order to ensure User convenience, the Platform has provided an escrow arrangement for payments through our appointed third-party escrow agent (“Escrow Agent”) in the designated non-interest bearing bank account (“Escrow Bank”) to ensure transparent, secure and timely payments (“Payment Escrow”). The Payment Escrow shall be used by the User for the payments of the following fees/charges:
2.2 The Payment Escrow creates a secure arrangement whereby the Architects can undertake their services while keeping in sight their upcoming payments and the Clients can exercise the release of funds on an immediate basis without delays in the consummation of the project
2.3 Please note that accepting a payment through the said Payment Escrow is solely at the Platform’s discretion. The Platform/Company reserves the right to remove/deactivate any services in relation to the Payment Escrow for a User for any reason whatsoever.
2.4 While using the Payment Escrow, User agrees to provide correct, complete and accurate financial information such as credit/debit card details or prepaid payment instrument account details which may be stored by the Platform’s third-party Escrow Agent/escrow service provider. User shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the User has not been lawfully authorised to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. The Company disclaims all liabilities that may arise as a consequence of any unauthorised use of the User’s financial information and/or identity, including, details relating the Payment Escrow
2.5 The Company shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:
2.6 All the fees/charges listed on the Platform are inclusive of all applicable taxes. You will be responsible for payment of all fees/costs/charges associated with the services being provided by us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc.
3. ESCROW MECHANISM AND INSTRUCTIONS
3.1 The End-User/Client shall deposit the funds for the following:
It is hereby clarified that, at all times, the Service Fee for the next upcoming 2 (two) Service Phases shall be deposited with the Escrow Agent in the Escrow Bank. Save and except in case only one Service Phase is due or pending, in which case only the entire Service Fee for that Service Phase shall be deposited with the Escrow Bank.
3.2 The Platform Fee applicable on the Architect (as defined in clause 5 of the Terms and Conditions for Architects) shall be deducted basis Clause 5 of the Terms and Conditions for Architects and shall be deducted basis release of funds hereunder.
3.3 Service Phase Completion: The Client shall be obligated to review and accept or suggest changes to the submitted work for any Service Phase deliverable within 14 days of receiving such work. Once approved, the relevant Service Phase of the project would be deemed to be completed and the funds will be released as per the terms specified herein. In case any changes are required, the same needs to be communicated to the Platform and adequate changes shall be made to the scope of work in order to govern subsequent disbursals.
3.4 The Users shall be required to communicate any change in the statement of work to the Platform in order to accommodate the changes in the Service Phase and funds release cycle
3.5.1 RELEASE OF FUNDS DEPOSITED WITH THE ESCROW BANK TO THE ARCHITECT
The Architect and Client hereby authorise Archestra to instruct the Escrow Bank to release funds, as applicable for the applicable Service Phase duly completed, upon the occurrence of any of the following conditions (“ Release Conditions ”):
3.6 RELEASE OF FUNDS DEPOSITED WITH THE ESCROW BANK TO THE CLIENT
3.6.1. The Architect and Client hereby authorise and instruct the Escrow Bank to release funds, back to the Client, upon the occurrence of any of the following conditions (“ Permitted Reversals ”):
Total Service Fee for the Service Phase ___________________________________ X Number of days elapsed since beginning of Service Phase Number of days provided for completion of Service Phase
The remaining funds, after remittance of the amount as per above formulae shall be refunded to the Client
3.7. REFUND POLICY
In case of failure of the service delivery caused due to architect’s performance, Archestra to assign an alternate architect based on client’s budget and project requirements. Meanwhile, funds to be kept safe in the Escrow Account by Archestra
For services that terminate mid-way, current Architect to be paid up till the ongoing phase. New architect to be assigned from the next phase only. Adjustment to the project cost to be made accordingly and reflected in new Scope of Work document, signed by both parties - Architect and Client.
Refund for any amount in the escrow to be done only if the project phase has not started. The amount to be reversed within 7 days of appeal from the Client’s side
4. VIOLATION OF RESPECTIVE TERMS AND CONDITIONS, PAYMENT TERMS AND APPLICABLE LAW
The Architect and Client acknowledge and agree that if the Platform, as per the Platform’s sole discretion, believes that fraud, illegal activity, or a violation of the Terms and Conditions, Privacy Policy or these Payment Terms has been committed or is being committed or attempted, then the Architect and Client irrevocably authorize the Platform to cause and instruct the Escrow Bank to take such actions as deemed appropriate, in the Escrow Bank’s sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation, to return the funds associated with such acts to their source of payment
5. INSTRUCTIONS IRREVOCABLE
The Architect and Client are deemed to and hereby agree that Release Conditions and Permitted Reversals and any other instructions to the Escrow Bank to release funds are wholly irrevocable.
6. QUESTIONS OR COMPLAINTS
If you have any question or complaints about the processing of your personal data or any grievance regarding our Payments Policy, write to us at info@archestra.co . Our team will be happy to assist you.
7.CONTACT INFORMATION
You can also directly contact us in relation to your grievances pertaining to the usage of personal data as provided in the Privacy Policy by contacting our Grievance Officer, as provided below:
Name: Gurinder Singh
Address: +91-88854 00854
Email: gurinder@archestra.co
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