inap2 Coordination and Escrow Services Terms of Use

These Terms of Use (hereinafter referred to as the "Terms") apply to the use of various coordination and escrow services (hereinafter collectively referred to as "the Services") provided by Easy Communications Inc. (hereinafter referred to as "the Company") through the international platform for architectural projects known as "inap2."

Specific terms may be established for the Services. In such cases, users shall comply with both these Terms and specific terms. In the event of any discrepancy between these Terms and the specific terms, the provisions of the specific terms shall take precedence. Additionally, these Terms are drafted in English, and translations into other languages are provided for reference purposes only. In the event of any discrepancies between the English version and any translated versions of the Terms, the English version shall prevail.

  • Definitions of Terms in These Terms of Use

    Project
    The user’s architectural project executed through the use of the Services.

    User
    The user of the Services (the Client).

    Master Architect (MA)
    The architectural firm (or architect) responsible for design supervision in the Project. For projects utilizing inap2 Design Document(s), the designer of the inap2 Design Document(s) shall be considered the Master Architect.

    Design Supervision
    The action of taking a lead in carrying out concept design and basic design, providing advice and consultation to the Local Architect at the construction site during the stages of detailed design and construction supervision.

    Local Architect (LA)
    A local architectural firm (or architect) or construction company authorized to perform design services under the laws of the construction site’s location. Besides reports on the architectural environment, building conditions, and survey results at the construction site to the Master Architect, the Local Architect also localizes the Master Architect’s concept design and design documents to meet the environment, regulations, and construction methods and materials available at the site. The Local Architect finalizes the design documents, secures necessary building permits, and assumes legal responsibility for the design in compliance with local laws. In many cases the Local Architect may also oversee construction and act as a liaison with the project owner, though this varies by project.

    inap2 Alliance
    An alliance network independently established by the Company comprising international architectural firms to implement global projects, formed by architectural firms accepting overseas architectural projects through inap2 Alliance, and as Local Architects actively collaborate with foreign design firms.
    *As of October 2024, the inap2 Alliance has participants of over 300 firms across 60 countries.

    Concept Design
    The initial phase of design services, where the architect gathers the client’s preferences regarding the building’s size, functionality, design quality etc. via hearing(s), provides an initial proposal for the layout and design concept, and develop preliminary design documents, which include floor plans, elevations, sections, and CG renderings that visualize the completed project based on information provided by the client. In addition, the work involved in producing these design documents.

    Basic Design
    Design documents created based on the Concept Design for confirming the final design details with the client. In addition, the work involved in producing these design documents.

    Detailed Design
    Comprehensive design documents created to indicate the scope of construction work to the contractor, obtain a final cost estimate, and apply for various building permits. In addition, the work involved in producing these design documents.

    Construction Supervision
    The task of ensuring the quality, schedule, and accuracy of the design during construction. In many cases, the Local Architect assumes this role; however, depending on local customs or the nature of the project, a specialized contractor may also take on construction supervision.

    Structural Design
    Design documents detailing the structural components of a building as defined in the Detailed Design phase (such as foundations, columns, beams, floors, and roof strength, shape, and layout) to ensure safety and cost-efficiency while complying with local building codes.In addition, the work involved in producing these design documents. In many cases, a design firm specializing in structural design, authorized under local regulations, performs this task.

    MEP Design
    Design documents related to large-scale infrastructure and systems, such as water supply and drainage, electricity, gas, central air conditioning, pools, and power generation/storage systems, particularly in large-scale buildings. In addition, the work involved in producing these design documents. In many cases, this task is handled by a design firm specializing in MEP Design and permitted under local regulations.

    inap2 Design Document(s)
    The drawing data, renderings, specification documents, etc., sold or distributed on “inap2,” as defined by the inap2 Design Document(s) Terms of Use and Conditions.(https://www.inap2.com/za-en/collections/terms/).

  • Roles and Commitments of the Master Architect

    The Master Architect (MA) shall conduct design supervision for the Project based on the following roles and rules:

    • Compliance with Laws and Regulations

      Oversee design supervision, respecting the laws and regulations of the construction site; for design tasks that require local qualifications which the MA does not possess, such tasks shall be entrusted to the Local Architect.

    • Safety First

      Prioritize safety in design supervision by respecting the Local Architect’s advice on construction laws, ordinances, and methods specific to the construction site.

    • Adherence to Construction Budget

      Respect the Local Architect’s advice on local costs related to construction, materials, and equipment, and be obligated to make reasonable efforts to align the architectural plan with the construction budget, as this alignment falls under the MA’s responsibility up to the Basic Design phase.

    • Adherence to Construction Budget

      Respect the Local Architect’s advice on local costs related to construction, materials, and equipment, and be obligated to make reasonable efforts to align the architectural plan with the construction budget, as this alignment falls under the MA’s responsibility up to the Basic Design phase.

  • Roles and Commitments of the Local Architect

    The Local Architect (LA) shall undertake the Project based on the following roles and rules:

    • Compliance with Laws and Regulations

      The LA must be authorized to perform design services under the laws of the construction site, and the LA shall ensure compliance with local regulations when preparing final drawings based on the Master Architect’s design documents. Additionally, for Services performed under these Terms, the LA shall enter into a separate contract with the client to undertake design and construction supervision services as required by local building laws, and the LA shall provide copies of these contractual documents to the Company upon the Company’s request.

    • Safety First

      The LA shall be responsible for ensuring the safety of the final drawings and the building’s overall safety, and shall ensure a safe construction process in accordance with local regulations in conducting construction supervision. Furthermore, taking into account the climate, ground conditions, security, and surrounding environment of the construction site, the LA shall implement any necessary design modifications to establish a safe and comfortable space.

    • Structural and Design Modifications

      Regarding structure, due to variations in safety standards and construction methods across different locations, the LA shall assume responsibility for selecting appropriate construction methods, performing structural calculations, and ensuring safety in compliance with local standards.

    • Respect for the Original Design

      Unless the client specifies otherwise, the LA shall respect the Master Architect's aesthetic and conceptual design intentions, taking care to make design modifications in alignment with these principles.

    • Confirmation with the Master Architect on Design Changes

      For any design modifications that affect, or potentially affect, the building’s concept, aesthetics, functionality, or performance, unless otherwise agreed upon, the LA shall present these modifications to the MA and obtain approval.

      However, this does not apply to localization tasks related to inap2 Design Document(s), unless specific arrangements have been made.

    • Adherence to Construction Budget

      Given that the MA may not have detailed knowledge of local construction costs, materials, and equipment, the LA shall periodically share relevant cost information with the MA as necessary, and at the same time be responsible for ensuring the design aligns with the client’s construction budget, including requesting cost estimates from contractors when needed.

      After the detailed design phase, adherence to the construction budget shall fall under the LA’s responsibility.

  • Coordination Service

    • Predefined Coordination Service

      inap2 provides customized Coordination Services tailored to user requests, with predefined services as outlined below.

      1. Initial Consultation

        a) Service Description

        inap2 gathers basic information about the user’s project (such as the client’s profile, construction site (including proposed site), budget range, desired building size, functionality, aesthetics, and schedule), and approaches the Corresponding Firms (hereinafter referred to as “ the Firms”) the user wishes to appoint as the Master Architect based on this information, and initiating a proposal regarding design supervision.

        inap2 will engage with the Firms to facilitate a Local Architect proposal through the inap2 Alliance, prepare contracts for international project supervision, and provide access to escrow services to secure safe international transactions, which significantly enhance the project’s feasibility compared to independently reaching out for international project supervision.

        inap2 would accept the request to initiate Pre-Project Service if the Firms respond positively.

        b) Rate

        $300.00 USD

        c) Timeframe

        The response time from the Firms is typically around one week; however, in the case during holiday seasons, it may take up to one month.

        d) Notes

        This coordination service does not guarantee that the Firms will accept the design supervision contract, as its purpose is solely to confirm whether a positive discussion towards a contract can be proceeded. Agreement on contract terms and details will be addressed in the next phase - Pre-Project Service.

      2. Pre-Project Service

        a) Service Description

        This coordination service aims to facilitate the establishment of a design supervision contract. It includes listing potential Local Architect (LA) candidates, presenting them to the user, and reaching agreements on aspects such as remuneration for the Master Architect (MA) and LA, scope of work, site visits, and intellectual property rights related to deliverables. A formal contract for design supervision will then be prepared.

        Additionally, at the time of the design supervision contract, the user will be provided with the information available at that point, including approximate estimates for the overall design fees, construction costs, and project schedule.

        b) Rate

        Retainer Fee: $3,000.00 USD

        Success Fee upon Contract Establishment: 10% of the total design supervision fee, minus the Retainer Fee.

        c) Timeframe

        The typical timeframe for contract establishment is typically around one month; however, during holiday seasons, it may extend to approximately three months.

        d) Notes

        The scope of work, fees, and payment terms related to the LA’s design and construction supervision services will be outlined in a separate design contract between the client and the LA, in accordance with local laws.

        In this case, the separate design contract, in compliance with local laws, shall include a provision stating that the scope of supervision by the MA adheres to the design supervision contract, and a copy of this locally compliant design contract shall be shared with both inap2 and the MA.

      3. Local Architects Coordination (For inap2 Design Document(s))

        a) Service Description

        The inap2 Design Document(s) are customized by LA based on the environmental conditions, building standards, structural laws of the construction site, applicable construction methods, materials, and other specific client requirements. This localization process culminates in the creation of final design and construction drawings (hereinafter referred to as the "Final Drawings").

        This coordination service by inap2 involves proposing a LA to carry out these localization tasks.

        b) Rate

        $3,000.00 USD

        c) Timeframe

        The timeframe for providing users with proposals is typically from two weeks to one month; however, during holiday seasons, it may take up to approximately two months.

        d) Notes

        The scope of work, fees, and payment terms related to the design and construction supervision by the LA shall be outlined in a separate design contract between the client and the LA, in accordance with local laws, and this coordination service does not include the negotiation or adjustment of the terms within this design contract.

    • General Terms for Coordination Service

      1. Scope of Services

        The Coordination Service provided by the Company is limited to support for concluding concept design and design supervision contracts, as well as escrow services following the execution of these contracts, and the scope of services does not include design work, construction supervision, or supervision of these activities.

      2. Application Method

        To apply the Coordination Service and make payments, registration with inap2 is required. After registering and logging in, users can apply for predefined Coordination Service directly through various inap2 interface screens. For customized Coordination Service tailored to individual clients, inap2 Coordinator will design a client-specific service and provide guidance on the application process.

      3. Communication

        Communication between users and inap2 Coordinators shall primarily be conducted via email. If deemed necessary by the inap2 Coordinator, they may suggest online meetings or phone calls; however, users may not request communication methods other than email.

        Please note that inap2 Coordinators will primarily communicate in English. For other languages, communication may be conducted using machine translation, which users are asked to acknowledge in advance.

      4. Payment

        Available payment methods are presented on the inap2 payment page. The primary options are credit card and bank transfer (international transfer to Japan). However, available payment methods may be limited depending on the user’s country or the transaction amount.

        For bank transfers, all transaction fees shall be borne by the user.

      5. Cancellations and Refunds

        Deposits will not be refunded in cases of user-initiated cancellations after application. Additionally, no refunds will be provided for fees already paid regardless of the coordination result. However, if inap2 determines that service provision cannot be completed, a partial or full refund of the fees paid may be issued.

      6. Retainer Fee and Settlement

        A Retainer Fee is required to use coordination services. The retainer fee amount varies depending on the service, please confirm the amount at the time of application.

  • Escrow Service

    inap2 provides escrow services for design supervision by the Master Architect (MA) in this project, in order to protect the interests of both the user and the MA, and minimize transaction risks. The user pays the MA’s compensation to inap2, and the MA receives the compensation from inap2, ensuring that the user is guaranteed a refund of the deposit if the MA does not fulfill their duties, and the MA is guaranteed payment for their services upon fulfilling their duties.

    • Usage

      The escrow service applies by including a provision in the design supervision contract, established through the Pre-Project Service outlined in these Terms that specifies the use of inap2’s Escrow Service in accordance with these Terms.

    • Project Phases and Deposits

      The phases of design supervision, deposit payment schedule, amounts, and finalized payments to the MA are set forth as follows. The percentages listed in the table represent portions of the total design supervision fee with 100% as the base. For projects in which the MA’s duties are limited to certain phases, the fees for unperformed phases will be redistributed proportionally across the remaining phases.

      Phase Task Deposit
      Payment Deduction Remaining Balance
      Concept Design User Deposit Payment 50% 50%
      MA Conduct hearing & develop concept design (LA: consultation) 50%
      MA Concept Design delivery -50% 0%
      LA Receive Construction Preliminary Estimation 0%
      User Decide on adoption of Concept Design 0%
      Basic Design User Deposit Payment 50% 50%
      MA Creation of basic design documents (LA: consultation) 50%
      MA Basic Design delivery -30% 20%
      Detailed Design LA Detailed Design delivery (MA: Design supervision） -15% 5%
      Construction LA Obtain final construction cost estimate 5%
      LA Apply for various building permits 5%
      User Select contractor & finalize construction contract 5%
      LA Construction supervision (MA: consultation) 5%
      LA Completion and key handover -5% 0%

    • Payment Method

      Available payment methods are displayed on the inap2 payment page. The primary options are credit card and bank transfer (international transfer to Japan). However, the available payment methods may be limited depending on the user’s country or the transaction amount.

      For bank transfers, all transaction fees shall be the responsibility of the user.

    • Liability for Obligations

      By making the deposit payment to inap2, the user fulfills their obligation to pay the MA for services to be completed by the next deposit payment period. In addition, with the final deposit payment, the payment of all service fees to MA as stipulated in the design supervision contract is deemed completed. In other words, upon payment of the deposit to inap2, the user’s debt obligation to the MA is considered fulfilled, regardless of inap2’s subsequent payment to the MA, and the obligation for compensating the MA thus transfers to the Company.

    • Refunds

      If, in any phase, the Master Architect (MA) fails to fulfill their duties as defined in the design supervision contract, inap2 will refund the remaining deposit balance to the user.

      However, if the work is not performed due to reasons beyond the MA's control, inap2 may, at its discretion of the responsible inap2 person in charge, assess the MA’s work performance and determine partial or full payment of the MA’s compensation, the deposit will be reduced by the applicable amount, and any refund to the user will be made from the remaining deposit balance, after deducting applicable fees.

      Additionally, if, during the detailed design or construction phases, the MA fulfills their consulting obligations as agreed, but the Local Architect (LA) fails to deliver the detailed design documents or complete construction supervision, or if such delivery is delayed by more than one month beyond the deadline stated in the design supervision contract without the MA’s consent, partial or full payment of the MA’s compensation would be confirmed based on their performance, reducing the deposit accordingly, with any user refund issued from the remaining deposit balance after deducting applicable fees.

      Upon recognizing the need for a deposit refund, the Company will take action promptly, initiating the transfer to the user’s designated account within three business days of the refund decision.

    • Transaction Fee

      When issuing a refund of the deposit, inap2 will deduct a 20% escrow service fee from the refundable deposit balance before returning the amount to the user. If no refund occurs, there will be no escrow service fee charged to the user.

    • Cancellation

      For contracts that include inap2's escrow service for design supervision, mid-term cancellation of escrow service by the MA during the performance of their duties is not permitted, and deposits will not be refunded if the user initiates cancellation of escrow service.

    • Completion of Service

      inap2 shall complete the provision of escrow services for this project upon final payment of the deposit and refund of the deposit.

      If both the user and the MA mutually agree to suspend the MA’s duties for an extended period without inap2's approval, or if delays exceed three months beyond the contractual deadline without inap2's consent, inap2 may, at its discretion, terminate the escrow service. In such cases, based on the MA’s performance at the time of termination, inap2 will determine partial or full compensation to the MA, utilizing the applicable deposit amount. Any remaining balance after the deposit is used will be refunded to the user.

    • Performance of Duties

      In carrying out design supervision duties for the Project, the MA and inap2 shall primarily communicate with the user and LA via email, online meetings, and telephone. Even if site visits or on-site communications are conducted, unless otherwise specified, the MA and inap2 shall perform their duties in their respective countries, adhering to applicable laws and tax regulations in their locations.

  • Disclaimer

    The services provided by the Company are limited to support for concluding design supervision contracts and escrow services after various contracts are executed; design work itself is not within the scope of our services. Therefore, inap2 assumes no responsibility for the following disclaimers, and the user agrees not to hold inap2 liable for any damages arising from these disclaimers.

    • Regarding Firms Proposed by inap2

      Through this Coordination Service, inap2 may introduce or recommend Master Architects (MA) , Local Architects (LA), or prospective firms. The Company does not guarantee the financial stability, continuity, legality, or social suitability of these firms or entities as business operations.

    • Regarding Deliverables

      Through this coordination service, the Company makes no guarantees regarding the consistency, safety, comfort, legality, or any other aspect of quality of deliverables created by the MA or LA, nor of any buildings constructed based on those deliverables.

      Additionally, compliance with local laws and quality control concerning final drawings, various building permit applications, construction, and construction supervision are the responsibility of the LA under these Terms. The Company and the MA bear no liability for these matters.

    • Determination of Deposit Amounts Deducted in Escrow Services

      In accordance with these Terms, the amount of deposit deducted at inap2’s discretion will be determined carefully, following thorough consideration by professionals. The user and MA agree to respect this decision and shall not seek compensation from the Company, the user, or the MA for any damages resulting from this determination.

    • Deposit Refunds

      To protect the user’s interests, the Company will endeavor to make refund decisions and transfer payments as promptly as possible. However, the user agrees not to hold the Company liable for any damages arising from the timing of receipt of refunds.

  • General Conditions

    All matters related to these Terms and any disputes or claims arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Japan, without affecting the choice or inconsistency of applicable laws or regulations. Users agree to submit to the jurisdiction of the courts in Japan for the resolution of all disputes arising out of or in connection with these Terms and/or the use of inap2 Coordination and Escrow Services. However, inap2 reserves the right to bring legal action for violations of these Terms in the user’s country of residence or any other relevant country. Users waive all objections regarding the exercise of jurisdiction by such courts and courtrooms.

    Users acknowledge that these Terms may be revised from time to time. Any revisions will not be applied retroactively. The latest version of the Terms governing the handling of inap2 Coordination and Escrow Services will always be available at https://www.inap2.com/za-en/terms/coordination/. These Terms may be modified at the discretion of the Company without prior notice to users. By continuing to use inap2 Coordination and Escrow Services after such changes, the user is deemed to have agreed to the revised Terms, and the modified Terms shall apply.

    If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or nullified to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. The Company’s failure to enforce any rights or provisions of these Terms shall not be considered a waiver of such rights or provisions.

    These Terms constitute a contract between the user and the Company, a Japanese corporation, and, for the escrow service, also include the Master Architect (MA) as a third party, and the Local Architect as a fourth party. If you have any questions about these Terms, please contact the Company.

Easy Communications Inc.