- “The Plans” refers to downloadable packs of design information.
- “The Site” refers to the site upon which The Purchaser intends to build based on The Plans.
- “The Works” refers to any construction works based on The Plans or any part of The Plans.
- “The Designer” or “we/us/our” refers to protaHOMES Ltd.
- “The Purchaser” or “you/your” refers to anyone who downloads The Plans.
- “The Builder” refers primarily to the main contractor or The Purchaser in the case of a self-build, but is also applicable to anyone else who participates in construction works based on The Plans such as sub-contractors.
B. THE CONTRACT
- By placing an order for The Plans, you acknowledge that you have read, understood, and agree to be bound by and comply with these terms and conditions, which shall henceforth represent a contract between you [The Purchaser] and protaHOMES Ltd [The Designer].
- If any court or competent authority finds that any provision within these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- These terms and conditions are not-applicable to the provision of any supplementary architectural services which may be provided by The Designer following and /or in conjunction with the purchase of The Plans. The provision of any such services shall be undertaken using a suitable RIBA Professional Services Contract 2018.
C. TERMS OF WEBSITE USE
- While The Designer shall endeavour to maintain this website and access to The Plans, The Designer reserves the right to modify or withdraw the website (or any part of it) without notice and shall not be liable to The Purchaser or any third party for any such modification or withdrawal.
- Links to other websites or resources may be included on this website. The Designer does not endorse and shall not be responsible or liable for any damage, loss, or offence caused in connection with the use of or reliance on any content, goods, or services available on such websites.
D. TERMS OF PURCHASE AND REFUND
- Given the nature of digital downloadable products, once an order has been placed, we are unable to accept returns or provide refunds.
- Once an order has been placed, your right as The Purchaser to cancel the contract pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is waived, and it is for this reason that your express consent is required before the contract is entered into.
E. INTELLECTUAL PROPERTY
- The Designer is the owner of The Plans and all intellectual property rights pertaining to The Plans, including the Copyright, and generally asserts The Designer’s moral rights to be identified as the author of such work.
- The above means that whenever The Plans are submitted to local planning authorities or to others, the name of The Designer must remain on the title block of The Plans.
- With the download of The Plans, The Designer grants The Purchaser a single, limited, non-exclusive, non-transferable, non-assignable license to use The Plans for the purpose of planning and/or building a single home; and to modify and/or reproduce The Plans as required for that purpose.
- The Purchaser shall not under any circumstances publish, sell, or redistribute The Plans in whole or in part without the prior written consent of The Designer.
- Where The Purchaser wishes to use The Plans to submit a planning application for multiple homes using the same design, The Purchaser must contact The Designer to purchase a Repeat Build License for each subsequent build.
- The Purchaser shall notify The Designer regarding the progress of any project based on The plans, on the following occasions, and within 28 days of each event. Failure to notify The Designer will be considered a breach of contract and shall invalidate The License.
- Upon submittal of a planning application – by providing a copy of the validation letter.
- Upon approval or rejection of planning permission – by providing a copy of the decision notice.
- Upon commencement of The Works – by confirming the start date and the name of The Builder.
- Upon practical completion of The Works – by providing the completion date, at least one photograph of the finished building, and the practical completion certificate if one is available.
- The Purchaser acknowledges that The Designer does not and cannot guarantee that The Plans will be granted planning permission or other approvals from third parties.
- The Purchaser acknowledges that the drawings contained within planning packs do not contain sufficient information to build from and that a construction pack and/or tender pack should be purchased prior to the carrying out of The Works.
- The Purchaser acknowledges that The Plans have been designed to comply with current building regulations for England and Wales (at the time of publication) only, and have in general been designed to suit the environmental and climatic conditions of those regions.
- The structural design and calculations (including the foundation design) supplied within construction packs have been prepared by third party structural engineers without knowledge of The Site or location. They therefore represent a generic solution which may or may not be suitable for The Site and its location. Prior to the start of The Works, The Purchaser must engage a qualified structural engineer to review the suitability of the structural design in relation to The Site and its location, in order to either validate the design or have any necessary changes made. All liability for the structural design rests with the structural engineer engaged by the Purchaser to validate or revise the design. The Designer accepts no liability for the generic structural design, if The Purchaser were to proceed with The Works without appointing a structural engineer directly. If the Purchaser wishes to engage the structural engineer(s) who produced the generic structural design, then his contact details can be supplied to The Purchaser for the purpose of such an engagement.
- The Purchaser shall hold The Builder and not The Designer responsible for the proper carrying out and completion of The Works.
- The Purchaser agrees that The Designer shall have the right to take and publish photographs of The Project, and the Purchaser shall give reasonable access to The Project for this purpose for two years after practical completion of The Works.
- The Plans have been designed to comply with current building regulations for England and Wales at the time of publication. It is the responsibility of The Builder to assure that all work is in accordance with the latest applicable regulations and standards, and to arrange for all tests, inspections, permits, and certificates as required.
- While The Plans include specifications for specific materials and products, the final selection of materials and products are the responsibility of The Purchaser and/or The Builder.
- It is the responsibility of The Builder to ensure that all materials and products are installed in accordance with the manufacturer’s guidance and recommendations, and to follow all necessary steps to sustain and preserve all expressed or implied warranties and guarantees.
- Any modifications to The Plans by The Purchaser, The Builder, or others is done so at their own risk.
- Any structural variations to the design should only be made by a qualified structural engineer.
- Modified plans are considered derivatives of the original and shall receive the same copyright protection.
J. LIABILITY AND INSURANCE
- No action or proceedings arising from the failure of The Designer to keep to this agreement shall be commenced after the expiry of six years from the date of; the downloading of The Plans or the practical completion of construction of the Project if notified within 28 days of the event.
- In any such action or proceedings;
- The Designer’s liability for loss or damage shall not exceed £250,000, providing the Designer has notified the insurers of the relevant claim or claims as required by the terms of such insurance.
- No employee of The Designer or any agent of The Designer shall be personally liable to The Purchaser for any negligence, default or any other liability whatsoever (excepting personal injury or death) arising from performance of The Services.
- The Designer shall maintain professional indemnity insurance until at least the expiry date with a limit of indemnity not less than £250,000, provided such insurance continues to be offered on commercially reasonable terms to The Designer at the time when the insurance is taken out or renewed.
- The Designer, when reasonably requested by The Purchaser, shall produce for inspection a broker’s letter or certificate confirming that such insurance has been obtained and/or is being maintained.
- Nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not party to it, other than lawful assignees.
K. HEALTH AND SAFETY
- The Construction (Design and Management) Regulations 2015 encompass all construction projects and place duties on various duty holders.
- Domestic clients have various duties under the regulations including the responsibility for appointments. Refer to the HSE publication – ‘Need building work done’ for further guidance.
- The Designer shall be considered as a “designer” under the regulations and shall NOT be considered as the “principal designer” unless The Designer has specifically agreed to undertaker this role.