terms + conditions
TERMS AND CONDITIONS
Last updated May 25, 2022
AGREEMENT TO TERMS AND CONDITIONS
Agreement between User and archdekor.com:
http://www.archdekor.com is an E-Commerce Site. Offering online and in person, on-site architectural design services
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
1. THE TERMS
1.1. What these terms cover
1.2. What these terms do not cover
These terms do not apply to any financial advice or services provided by our subsidiary ARCHDEKOR LLC in its capacity as an appointed representative of our suppliers of construction, mortgage, furniture and home decor suppliers for architectural services.
1.3. Why should you read these terms
Please read these terms carefully and make sure that you understand them. Before ordering any services from us, you will be asked to confirm that you have read and accepted these terms and that you agree to comply with and be bound by them. If you refuse to accept these terms, you will not be able to order any services from us.
1.4. Are you a business or a consumer client
In some areas, you will have different rights under our terms, depending on whether you are a business or a consumer client. You are a consumer if you are an individual, and are purchasing our services from us wholly or mainly for your personal use, and not to use for your profession, business or trade.
1.5. If you are a business client, this agreement is for you
If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of us, which is not set out in these terms that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are
We are ARCHDEKOR LLC. Company DOS ID 5788935 registered in New York, New York, United States of America. Our main office is located in New York. However, we offer our services worldwide.
2.2. Our architectural designers
Our architects are registered with the American Institute of Architects(AIA) and are subject to ‘The Architects Code: Standards of Professional Conduct and Practice’. Which we are compliant with. We are also architectural designers that comply with the higher standards of our profession.
2.3. How to contact us
You may contact us at firstname.lastname@example.org or by phone : 888-410-3250.
2.4. How may we contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or physical address you provided to us.
2.5. Writing and messages:
When we use the word “writing” this means email, we may also send you private messages, in your client portal which you may find in your notifications.
Personal information: Any personal information you provide to us will be used to: (a) provide the services (b) process your payment for the services (c) inform you about similar services or products that we provide, but you may stop receiving these at any point by contacting us.
Electronic Communications: Visiting http://www.archdekor.com or sending emails to ARCHDEKOR LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. USE OF OUR WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided. The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
4. OUR CONTRACT WITH YOU
Your order constitutes an offer to us to buy services. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that your order has been accepted (Order Acceptance). The contract between us (Contract) will only be performed when we send you the order acceptance.
4.1. How we will accept your order
We will relate only to those services in respect of which we have confirmed that your order is accepted in the order acceptance, at which point a contract will come into existence between you and us, you can see details in your project portal in the client profile.
4.2. If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the services you have ordered, if you have already made a payment, we will refund you for them. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in price or description of the services you have ordered or because we are unable to meet the delivery deadline for the services.
4.3. Your project invoice number
We will assign an invoice reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us your project invoice number whenever you contact us about your project.
4.4. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ARCHDEKOR LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. ARCHDEKOR LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
4.5. Our services are for UNITED STATES OF AMERICA (U.S.A.) properties only
We currently only offer our services in the English and Spanish language and in relation to properties located in the United States of America. However, we can accept an order from you if you are based outside the USA, provided that the relevant project will be designed remotely. We offer our virtual architectural design services worldwide.
5. OUR SERVICES
5.1. Free trial
This applies to our products or services that offer a free trial, if applicable or if there is an ongoing offer on the site for a certain period of time. The free trial shall last for only 7 days. After 7(seven) days, the display price for the chosen design service plan or design package will be charged. All customers signing up for the free trial will be required to submit payment card details as part of the process, to allow automatic payment once the free trial period ends.
5.2. After the free trial
Customers not wishing to continue with the free trial offer for an architectural design package service plan once the free trial ends must cancel the architectural design package plan by sending an email to email@example.com at least 24 hours before the end of the trial period. The remaining number or trial days will be visible at your client profile portal on “project dashboard”.
5.3. Paid services
Architectural plans, Construction documents, Lighting and electrical design, 3D Visualization, VR Visualization, Project Management and Budget estimation are not eligible for this free trial offer.
5.4. Service levels
We will exercise reasonable skill and care in carrying out the services you have ordered from us. We offer flat fee services and per hourly basis services on our site.
5.5. Architectural design services
When you order architectural design services, or layouts design, the following applies: (a) Phase 1 is – Architectural schematic design services, which consists of a review by us, followed by the delivery of a report to you setting out one conceptual option for the configuration or re-configuration of the internal or external walls of your property (as shown in writing in the description of your project). Any additional advice or work relating to layout or otherwise (including wall colors, furniture, lighting, and design tips) is not included in the SCHEMATIC DESIGN. (b) Phase 1: SCHEMATIC DESIGN: The schematic design service, is by nature, subjective and the layout report sets out one option for the conceptual design, configuration or re-configuration of your architectural space. And where agreed in writing, external walls of your property being an option that we, in our absolute discretion, determine suitable. (c) Our schematic layout design is based on information and/or documentation that you provide to us. We bear no responsibility for any consequences arising as a result of the information and/or documentation that you provide to us. We bear no responsibility for any consequence arising as a result of the information and/or documentation that you provide to us (including, but not limited to, any floor plans or measurements you provide to us), being incomplete or inaccurate in any relevant respect. (d) Any configuration/re-configuration suggested as part of our schematic or layout design service is conceptual only and we make no guarantee that suggestions made by us are in fact deliverable. It is your responsibility, in conjunction with appropriate professional advice from third parties, to assess actual deliverability, including but not limited to, in relation to planning and city permitting, building regulations consents and construction issues, or any structural work that you may conduct must be supervised by a structural engineer and comply with building regulations. (e) Phase 2: DESIGN DEVELOPMENT refers to a more in-depth set of plans of your project, this is phase 2 of our services, and is offered on an hourly basis, on site or remotely. (f) Phase 3: CONSTRUCTION: we offer project management services ruled by a separate client contract and provided on an hourly basis, from USD$100-500, dependent upon the project scope, location and project management design package chosen.
➔ To inquiry more about these services, contact us directly at firstname.lastname@example.org
5.6. Reliance drawings
The information produced by us as part of our services is for illustrative purposes only and is intended to help inform your decision in relation to the development of a new construction or existing property. Unless explicitly agreed, the information produced should not be used to replace the production of detailed technical building regulations drawings, which will be required to comply with building regulations in your country or State if you are in the U.S.A.
5.7. Planning and design drawings
Any planning and design drawings produced by us as part of our services should be relied on for planning and design purposes only. If your project goes to construction, they are not a substitute for detailed technical building regulations drawings, which will be required to comply with building regulations.
5.8. Illustrative drawings
If, as part of the services, you ask us to produce any illustrative drawings to help inform your decision in relation to, for example, the development of an existing property or the purchase of a new one, these will be for illustrative purposes only and should not be used to replace the production of detailed technical building regulations drawings, which will be required to comply with building regulations.
5.9. Accuracy of your measurements
Our services are provided remotely and we do not carry out a site visit of your property unless a site survey is needed, we are working on adding additional on site services to our list. In the case that you request this service, we will use a third-party surveying company. As such, you are responsible for ensuring that any measurements you provide us with are correct and accurate. We cannot accept any responsibility for any incorrect measurements provided to us, whether by you or any third party instructed by you or acting on your behalf. If your project goes to construction and you appoint a design team, it is important that they attend the site to complete a full measure or cross-checking and discuss your specific requirements.
5.10. Working with other professionals
If we provide our services alongside other professionals you have instructed, then it is your responsibility to ensure that all information held by those other professionals that could be relevant to our services is communicated by us promptly.
5.11. No obligation to update
We shall not be under any obligation to update any information, report or content provided to you as part of our services to take account of events occurring after such information, report or content is provided to you.
5.12. Eligibility, Restrictions & Excluded services
➔ We do not offer any guarantee that any required permitting will be secured or permitted development successfully certified. Furthermore, please note the following:
5.12.1. We cannot guarantee that our building regulations drawing package is fully compliant as on site conditions may result in the need to make changes to the design to ensure compliance;
5.12.2. Any project cost or other estimates provided by us: Whether through our site or otherwise, are based on available data and averages, as well as information supplied by you. They are provided for guidance purposes only and we cannot and will not accept any responsibility of inaccuracy.
5.12.3. We will not accept responsibility for: Any title indemnity insurance or any other insurance or protection against, any title matters, including, but not limited to, covenants, easements and/or restrictions, including any planning requirements and/or restrictions, concerning the freehold or leasehold interest in the relevant property, nor can we accept any responsibility if any other specialists or third parties engaged in connection with the relevant property fail to have in place adequate insurance to cover any liability arising as a result of any of the foregoing. Responsibility for checking all such matters and taking appropriate specialist advice, including legal advice, in respect on the, remains with you.
5.12.4. if you choose to provide us with any drawings or plans prepared by third parties (for example, other architects), we will seek to identify (but cannot and will not accept any responsibility for) any inaccuracies or inconsistencies in them and agree with you the next steps to be taken and any associated costs (and, until such time, the project will be paused);
5.12.5. Shared/Party wall agreement: Typically, a Party Wall Agreement requires the owners to maintain their portion of the wall consistently and harmoniously. Such agreements delineate the process for making changes to the party wall, requiring agreement and consent from the adjacent owner. Often owners do not consider the party wall until a problem occurs. When an issue with a shared wall arises, the result suddenly becomes complicated, without an agreement outlining the responsibilities and obligations of the two owners. You are responsible for the delivery of such notices, to the adjoining owners or the mechanism for resolving disputes.
5.12.6. If your project goes to construction: You will be responsible for notifying any third-party utility suppliers whose services to the property may be affected by the project and we cannot and will not accept any responsibility for your failure to do so. You will also be responsible for notifying or, if required, seeking consent from, the freeholder, title holder, or leaseholder in the event that is a commercial space, of the relevant property, we cannot and will not accept any responsibility for your failure to do so.
5.12.7. we will not be responsible for any change of use application that might be required if you proceed with construction prior to obtaining planning permission or a lawful development certificate;
5.12.8. if you want to rent out your property as a house in multiple occupation, we cannot advise you on whether or not a license is needed, nor will we be responsible for applying for such a license; and
5.12.9. we will not be responsible for any delays arising during the design and construction phases of your project (including delays caused by third parties, including local planning authorities) or for any increased loan, rent or mortgage payments required to be made as a result of any such delay.
5.13. Eligibility and Restrictions for our design packages
The design package service plan for layout design are exclusive to properties with a footprint of under 2153 square feet/200 m2. These dimensions relate to the footprint of the new design, for which we offer FLAT FEE design packages.
5.13.1. ARCHDEKOR LLC reserves the right to change the features of the design packages service plans offer at any time.
5.13.2. The design packages are limited to three (3) design revisions.
5.13.3. The design packages service plan is limited to up to two (2) design alternatives. For example, option A and B, with and without added specific elements.
5.13.4. The platinum plan includes 3D floor plans for each floor plan of the property as well as one interior image.
5.13.5. The ARCHDEKOR package includes materials selections, we are not responsible for the availability of such materials selections, you may replace it for an available material in your local store, or for a similar material that may match the suggested material.
6. YOUR RIGHTS TO MAKE CHANGES
Your right to make changes: If you wish to make changes to the services you have ordered (for example, you wish to upgrade to a different design package), please contact us. We will let you know if the change is possible. If it is possible, we will let you know about additional cost, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you wish to contact us for project management or any other services beyond the scope offered on our website please request a custom quote or proposal for your project, if you need further assistance beyond the scope of the flat fee design packages.
7. OUR RIGHTS TO MAKE CHANGES
We may change the services we offer: (a) to reflect changes relevant laws and regulatory requirements (b) to implement minor technical adjustments and improvements, for example to address a security concern. These changes will not affect your ability to make use of the services provided. However, if any such change results in a delay in the provision of our services to you, we will contact you and notify you. We shall have no liability for any delay in providing the services, or failure to the services, to the extent that such failure is caused by an event outside of our control (as defined in Section 9) or your failure to provide us with adequate instructions that are relevant to the supply of our services.
8. PROVIDING THE SERVICES
8.1. When will we provide the services
We will begin the services on the date we accept your order or on such date as may be agreed with you during the order process, provided in each instance that you have given us all relevant information to allow us to do so. Any completion date for the services notified to you during the order process applies only to the issue of the first draft proposals prepared by us. Any plans, drawings, renders, images, reports, blueprints and other documents to you as part of the services will be uploaded to your online client profile portal on completion of the services, if you requested architectural plans, these will be emailed to you, to the email you provided on your client profile account.
8.2. We are not responsible for delays outside our control
If our provision of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end this contract and receive a refund for any services you have paid for but not received.
Any dates quoted for providing the services are approximate: only and the time of provision of the services is not of the essence.
8.3. What happens if we do not receive the required information to start your project: We may need certain information from you so that we can provide our services and start your project. For example, your name, contact details and the address of the property in question, basic information about the property, your preferred architectural style, estimated budget and a brief description of what you are looking for, and what this project is all about, you may also upload existing photos and inspirational photos. We will contact you to ask for this information, if it is not provided after completing the survey and your client profile. We will not be responsible for any failure or delay in performing our obligations under this contract to the extent cause or contributed to by you not giving us the information we need within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end this contract (and clause 11-11.5 Will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result of this.
8.4. We may refuse to provide or suspend provision of services if you do not pay: If you do not pay us for the services when you are supposed to, please see clause 11.5. And you still do not make payment within five days of us reminding you that payment is due, we may refuse to provide, suspend provision of the service until you have paid your outstanding amounts. We may also charge interest on your overdue payments (see clause 13.7) However, we will not do this where you dispute the unpaid invoice (see clause 13.8)
9. YOUR RIGHTS TO END THIS CONTRACT
9.1 You can always end this contract
You can always end this contract. You right when you end this contract will depend on what services you have purchased, whether there is anything wrong with them, how they are performing, when you decide to end this contract and whether you are a consumer or a business consumer.
9.2. Ending this contract because of something we have done or are going to do
If you are ending this contract for a reason set in clause 9.2.1 to 9.2.4, it will end immediately and we will refund you in full for any services which have not yet been provided. These are the reasons:
9.2.1. We have told you about an error in pricing your project, or the description of the products you have ordered and you do not wish to proceed.
9.2.2. There is a risk that provision of the services may be significantly delayed because of events outside of our control.
9.2.3. There is a delay in the provision of our services to you, as notified to you in accordance to clause 7, and such delay continues for a period of more than seven (7) days.
9.2.4. You have a legal right to end this contract because of something we have done wrong. An example of this is, if you are a consumer and the services you have purchased were maldistribution or were not carried out with reasonable skill and care.
9.3. Exercising your right to change your mind if you are a consumer
Federal and state consumer laws allow people to cancel certain contracts or sales of goods for any reason, such as buyer’s remorse, or for no reason at all. The Federal Trade Commission (FTC) requires sellers of goods in certain circumstances to allow consumers a “cooling off” period. Sales made by telephone, mail, or the Internet are also subject to FTC rules regarding refunds and returns.Consumers have a three-day cooling off period to cancel certain sales for a full refund. The FTC’s Cooling Off Rule applies to “door-to-door sales,” defined as the “sale, lease, or rental of consumer goods or services” for at least $25, which takes place somewhere other than the seller’s usual place of business. This therefore includes actual door-to-door sales as well as many sales made at trade shows, conventions, and other locations.
9.4. When consumers do not have the right to change their minds:
Your right as a consumer to change your mind does not apply if the services you order have been completed, even if the cancellation period is still running.
9.5. How long do consumers have to change their minds?
If you are a consumer, you have seven (7) days after the day we confirm acceptance of your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started to provide the service, you must pay us for the services rendered until the time you notify us that you have changed your mind and do not wish to move forward with the project.
CANCELLATION + REFUND POLICY CONDITIONS
This condition (9) applies to service design packages and products offered on our site. If you are a contracting as a “consumer” and the contract is a “distance contract” or an “off-premises contract”, in this case the terms and conditions are outlined in the client contract (information cancellation and additional charges. The consumer contracts regulations require us to provide you with a notice setting out your right to cancel the contract within seven (7) calendar days. The notice is set to Appendix to these terms and conditions. Please note that if you request us to commence work on the services during the cancellation period, you will be liable to pay us an amount which is in proportion to the Services supplied in comparison to the overall services offered.
10. HOW TO END YOUR CONTRACT WITH US (including if you are a consumer that has change their mind)
10.1. Tell us immediately you want to end the contract.
To end this contract, please let us know by doing one of the following:
10.1.1. Phone or email. Call us at 888.410.3250 or email us at email@example.com. Please provide your name, home address, details of your order (including your invoice reference number) and, where available, your phone number; or
10.1.2. By mail. Print off and complete this form and post it to us at the address on the form. Or simply write to us at that address, including the date and details of your order (including your order number) and your name and address.
10.2. How we will refund you
If you are entitled to a refund under these terms, we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the original price, as described in the next clauses.
10.3. When we may make reductions from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind, we may deduct any refund amount for the provision of the service for the period for which they were provided, ending with the time when you told us you have change your mind. The amount will be in proportion to what has been provided, in comparison to the full coverage of this contract.
10.4. When the refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 7 to 10 business days of you telling us you have changed your mind.
11. OUR RIGHT TO END THE CONTRACT
We may end this contract in writing at any time if the following happens during your order or project:
11.1.1. You do not send in writing a reasonable time for us asking for it, provide us with information that is necessary for us to provide the products, for example, any measurements we have asked you to provide us with or any of the information referred to in clause 5.7.
11.1.2. You do not make any payment to us when it is due and you still do not make the payment within seven (7) days of us reminding you that payment is due.
11.1.3. You repeatedly request changes to your order.
11.1.4. You intend to include further work within the scope of the contract between us without agreeing a price for any such additional work or you behave in a manner we consider to be rude or abusive.
11.2. You must compensate us if you break the contract
If we end this contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for the services we have provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking this contract. For example, we may charge a fee of USD$100 + virtual architectural assistance (VAA) for any work done by our architects prior to the date we end the contract between us.
12. IF THERE IS A PROBLEM WITH OUR SERVICES:
12.1. If you have any questions or complaints about our services, or if there is any aspect of our services with which you are unhappy, please contact us. You can telephone us on 888.410.3250 or you can write to us at firstname.lastname@example.org or our registered office address as referred to above.
12.2. If you decide you wish to make a formal complaint, this will be directed to our Customer Service Team and responded to accordingly.
12.3. You may be asked to provide feedback by completing a review via the online dashboard on our website which is monitored internally. If you are not satisfied with the level of service you have received and wish to post a negative review (whether via the online dashboard on our website or elsewhere), you agree not to do so until you have contacted us to discuss your dissatisfaction or, where appropriate, completed the formal complaints procedure.
13. PRICE AND PAYMENT
13.1. Where to find the price for our services: The price payable for the services for flat fee design services and products, shall be as quoted on our website as at the date of the order. Including applicable State and local taxes. However, please see clause 13.4 for what happens if we discover an error in the price for the services you order.
13.2. The price is liable to change at any time
We reserve the right to increase the price for the services we provide if, having accepted your order, there is a change to the scope of those services (for example, you request more than one set of revisions to any plans or a whole new design). In such circumstances, we will, where practicable, seek your agreement to the increased price before continuing with the services. Changes will not affect orders in respect of which we have already sent you an order acceptance and you have not requested additional services after the order has been accepted.
13.3. You shall pay the price in full and in cleared funds before we have any obligation to provide any services. Time of payment is of the essence.We will charge for applicable taxes. If the rate of TAX changes between your order date and the date we provide the services, we will adjust the rate of TAX that you pay, unless you have already paid for the services in full before the change in the rate of TAX takes effect.
13.4. What happens if we got the price wrong
It is always possible that despite our best efforts, some of the services we provide may be incorrectly priced. We will normally check prices before accepting an order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the correct amount and revise it. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5. How you pay and when you pay
All payments must be made by debit or credit card through our website, or direct deposit transfer. Unless otherwise agreed, payment must be paid in full before we start providing the relevant services. We may accept payment installments for certain projects (for example, an initial deposit with the balance payable following the provision of the first set of deliverables); payment of any of any initial deposit must be made in full before we start providing the relevant services and payment of any subsequent installments must be made the date(s) specified by us, of if applicable, within seven days following the date of any relevant invoice.
13.6. Our right to set-off if you are a business customer
If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.7. We can charge you interest if you pay late
If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the US bank base from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment is overdue, whether before or after judgement. You must pay us interest together with any overdue amount.
13.8. What if you think an invoice is incorrect
If you think that any invoice issued by us is wrong, please contact us promptly at email@example.com. You will not pay any interest until this dispute is resolved, once the dispute is resolved, we will charge you interest correctly invoiced sums from the original due date.
13.9. Introductions and referrals: If in the course of your project, we introduce you to a third party, for example, a surveyor to take measurements or do a topography plan, or a vendor providing construction materials, we may receive payment or other inducement from the third party for making the introduction or referral, as well as recommending their construction materials for your project. However, this will not in any way affect the price you pay for the services or products you ordered from us. Any introduction or referral of a third party that we might make to you shall not under any circumstances constitute a warranty or representation from us as to (1) the suitability of such third party to provide the relevant services or (2) the quality of the work or products undertaken by such third party. Subject to clause 23.3, we shall not be liable for any loss or damage suffered by you in connection with any act or omission of any such third party.
14.1. Ownership of copyright
We own and retain the copyright in all plans, drawings, renders, images, reports and other documents produced by us in performing the services (including any uploaded to your online account).
14.2. Copyright license
You will have a license to copy and use, and allow other persons providing services to you to copy and use the plans, drawings, renders, images, reports and other documents uploaded to your online account. Neither we, nor our directors or employees, will have any liability for any use of the same other than for the purpose for which they were prepared.
14.3 Links to Third Party Sites/Third Party Services
http://www.archdekor.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ARCHDEKOR LLC and ARCHDEKOR LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ARCHDEKOR LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ARCHDEKOR of the site or any association with its operators.
Certain services made available via http://www.archdekor.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.archdekor.com domain, you hereby acknowledge and consent that ARCHDEKOR may share such information and data with any third party with whom ARCHDEKOR has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.archdekor.com users and customers.
14.4 No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ARCHDEKOR LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ARCHDEKOR's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ARCHDEKOR LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ARCHDEKOR LLC or our licensors except as expressly authorized by these Terms.
15.1. Right to use
We shall have the right to use any plans, drawings, renders and images produced by us in performing the services for our marketing purposes, including reproducing the same on our site.
15.2. Right to publish photographs
If you have used our services, your project goes to construction, we shall have the right to take and publish photographs of the project, and you agree to give us reasonable access to your property for this purpose.
15.3. Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
ARCHDEKOR LLC has no obligation to monitor the Communication Services. However, ARCHDEKOR LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ARCHDEKOR LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ARCHDEKOR LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ARCHDEKOR’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ARCHDEKOR LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ARCHDEKOR LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ARCHDEKOR LLC spokespersons, and their views do not necessarily reflect those of ARCHDEKOR LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
15.4. Materials Provided to http://www.archdekor.com and Posted on Any ARCHDEKOR LLC Web Page
ARCHDEKOR LLC does not claim ownership of the materials you provide to http://www.archdekor.com (including feedback and suggestions) or post, upload, input or submit to any ARCHDEKOR LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ARCHDEKOR LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ARCHDEKOR LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ARCHDEKOR’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
16.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms or our negligence or if it was reasonably contemplated by you and us at the time of the contract between us coming into effect as a possible result of such breach or negligence, for example, if you discussed it with us during the order process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services, including the right to receive services which are of satisfactory quality and fit for any particular purpose made known to us.
16.3 We are not liable for business losses
If you are a consumer, we only provide the services to you for domestic and private use. If you use the services for any commercial, business or resale purpose, our liability to you will be limited as set out in clause 17.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for: (1) death or personal injury caused by our negligence or the negligence of our employees; (2) fraud or fraudulent misrepresentation; or (3) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.1. Nothing in these terms shall limit or exclude our liability for:
➔ 17.1.1. death or personal injury caused by our negligence or the negligence of our employees;
➔ 17.1.2. fraud or fraudulent misrepresentation; or
➔ 17.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
➔ 17.2. Subject to clause 17.1:
➔ 17.2.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
➔ 17.2.2. our total aggregate liability to you for all other losses arising under, or in connection with, any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in all circumstances be limited to the total sums paid by you to us for services under such contract.
➔ 17.3.Except as otherwise expressly provided in these terms, all conditions, warranties, representations, undertakings or other similar terms implied by statute, common law or custom are excluded to the fullest extent permitted by law.
18. HOW WE WILL USE YOUR PERSONAL INFORMATION
18.1 International Users
The Service is controlled, operated and administered by ARCHDEKOR LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ARCHDEKOR LLC Content accessed through http://www.archdekor.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
19. OTHER IMPORTANT TERMS
19.1. We may transfer this contract to someone else
We may transfer our rights and obligations under these terms to another organization (for example, to a third-party purchaser of our business), but this will not affect your rights or obligations under these terms.
19.2. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3. Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4. If a court finds part of this contract illegal, the rest will continue in force
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
19.5. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
19.6. Dispute resolution
If a dispute arises out of, or in connection with, this contract or its performance, validity or enforceability, then either party may give to the other party written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documents, following which the parties shall attempt in good faith to resolve the dispute. If the parties are unable to resolve the dispute within 30 days of such notice, the parties may, if so agreed between them in writing, enter into mediation in good faith to settle the dispute in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure using a mediator nominated by CEDR. However, the commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the dispute under clause 19.7 or clause 19.8 (as the case may be).
You agree to indemnify, defend and hold harmless ARCHDEKOR LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ARCHDEKOR LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ARCHDEKOR LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
22. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ARCHDEKOR LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
23. Entire Agreement
23.1. If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
23.2. If you are contracting as a business: (a) These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract; and (b) Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Contract (whether made innocently or negligently) will be for breach of contract.
23.3. Nothing in this condition limits or excludes any liability for fraud.
24. LAW & JURISDICTION
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with the Contract or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. Appendix - Information about your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
CONSUMER'S RIGHT TO CANCEL
If you are contracting as a “consumer” and the Contract is a “distance contract” "REMOTE" or an “off-premises contract” (in each case as such expressions are defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations), you have the right to cancel this contract within 7 days without giving any reason. The cancellation period will expire after 7 days from the day of the conclusion of the Contract. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement by email to firstname.lastname@example.org or by phone or mail to
ARCHDEKOR LLC - 295 Madison Street, 12th Floor, New York, NY 10017
in each case marked Att: ARCHDEKOR – The Design/Floor Plan Experts. You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation. If you cancel this contract, we will reimburse to you all payments received from you, provided that if you requested us to commence work on the Services during the cancellation period, you will be liable to pay us an amount which is in proportion to the Services supplied in comparison to the overall Services ordered. We will make any reimbursement which may be due without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this contract. We will make any reimbursement which may be due using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
MODEL CANCELLATION FORM TO : ARCHDEKOR LLC.
I hereby give notice that I cancel my contract for the supply of the following Services: [INSERT BRIEF DESCRIPTION OF SERVICES].
Name of consumer: [INSERT NAME OF CONSUMER]
Address of consumer: [INSERT ADDRESS OF CONSUMER]
Signature of consumer: [INSERT SIGNATURE OF CONSUMER]
Date: [INSERT DATE OF SIGNING]
26. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARCHDEKOR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARCHDEKOR LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARCHDEKOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
27. TERMINATION/ACESS RESTRICTION
ARCHDEKOR LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ARCHDEKOR LLC as a result of this agreement or use of the Site. ARCHDEKOR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ARCHDEKOR’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ARCHDEKOR LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ARCHDEKOR LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ARCHDEKOR LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
28. CHANGES TO TERMS
ARCHDEKOR LLC reserves the right, in its sole discretion, to change the Terms under which http://www.archdekor.com is offered. The most current version of the Terms will supersede all previous versions. ARCHDEKOR LLC encourages you to periodically review the Terms to stay informed of our updates.
29. CHILDREN UNDER THIRTEEN
ARCHDEKOR LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.archdekor.com only with permission of a parent or guardian.
30. CONTACT US
295 Madison Ave, 12th Floor
NEW YORK, NY 10017
United States of America
Phone: 888 - 410 - 3250
Monday - Friday: 9 a.m. - 5 p.m.
Effective as of August 08, 2020
THANK YOU FOR VISITING OUR SITE!