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1.1 These Terms apply to the access and use of the Site owned and operated by Architects Republic Limited, company registration number 09934719, registered office 101 Chandlers Way, Temple Farm Industrial Estate, Southend-On-Sea SS2 5SE (AR). No other terms apply, including all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
1.2 AR reserves the right to update these Terms from time to time at its discretion. If AR does so, the updated version of the Terms will be effective as soon as it is accessible on the Site.
2.1 In these Terms, the following words have the following meanings:
Architect: the architect using the Site;
Architect Content: all content uploaded to the Site by the Architect, including content relating to the Architect itself and content relating to a Project;
Client, you: an individual, company or other organisation seeking to engage an Architect on the Site;
Client Content: all content uploaded to the Site by the Client, including content relating to the Client itself and content relating to a Project and any review of an Architect;
Content: all content on the Site;
Fee: the fee paid by the Client for the Architect's services for the Project;
IP Rights means any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Project: the architecture project required by a Client and featured on the Site;
Property: the building or site that is the subject of the Project;
Site: the Site located at www.architectsrepublic.com; and
Working Days means any day other than a Saturday, Sunday or public holiday in England.
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 Headings shall not affect the interpretation of these Terms.
2.4 References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
2.6 Any phrase introduced by the words 'including' shall be construed as illustrative and shall not limit the generality of the related words.
3.1 If you wish to register as a Client on the Site, you must (a) be at least 18 years old; (b) be legally capable of entering into a contract; and (c) own the Property or otherwise have the right to have construction or building works carried out on the Property. At our request, you shall provide evidence of your compliance with this Condition 3.1.
3.3 No fees are due from you in relation to the registration on the Site.
4. Use of Site
4.1 AR grants to you a personal non-exclusive, non-transferable right to use the Site and Content in accordance with these Terms. You shall have no right to sub-license your use of and/or access to the Site.
4.2 You are responsible for configuring your own systems appropriately to access and use the Site. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or interferes with any third parties use of the Site. You shall comply with all reasonable instructions of AR in relation to the use of the Site.
4.3 The Site must not be used for any illegal or unauthorised purpose. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) use the email address or contact details of an Architect for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
4.4 AR will use reasonable endeavours to make the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4.5 AR shall use all reasonable endeavours to keep the Site secure but you acknowledge that the Site may be subject to breaches of security and that AR shall have no liability for any lost data or unavailability as a result of any attack or assault on its security or any attempt to disrupt the Site.
5. Contact with Architects
5.1 You can search our database of Architects and view all publicly available Architect Content at any time. However, you may not contact an Architect directly in order to circumvent payment of commission due to us.
5.2 When you upload a Project Brief to the Site, all Architects with the correct settings can view the Project Brief. If an Architect wishes to ex for the Project, the Architect shall click the 'Interested' button on the Site and submit their proposal and, where appropriate, design ideas. We shall provide you with a list of all Architects who are interested in the Project Brief, and you must select a shortlist of 3 (three), 4 (four), or 5 (five) Architects depending on the value of the Project Brief. We shall provide you with the function to discuss your requirements for each shortlisted Architect. You shall select one Architect within the pre-selected time period following the selection of the last shortlisted Architect. If you fail to do so, we shall be entitled to terminate your AR account.
5.3 You shall not use or copy the Architect Content for any purpose other than to consider whether or not the Architect is suitable to carry out the Project. Breach of this Condition 5.2 shall be a material breach that is not capable of remedy and we shall be entitled to terminate your AR account.
You shall notify AR of the date when you first begin to receive services from an Architect or at the time when the first invoice has been issued. You shall notify AR of the date when you receive all future invoices issued by the Architect at relevant stages in the Project, for the duration of the Project.
You agree that the Client Content shall not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; (f) contain any virus; and/or (g)give rise to any cause of action against AR; and/or (g) include your name, contact information or any other personal data relating to you.
You grant to AR a non-exclusive, royalty free, transferable licence to (a) reproduce the Client Content in the Site; and (b) allow the shortlisted Architects to access and rely on the Client Content and reproduce the Client Content in order to prepare a proposal, and if engaged to do so, to carry out the Project.
Client Content will be initially reviewed to ensure data is correct and accurate. We may remove any Client Content at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Terms.
6. Architects and Architect Content
6.1 Architects upload Architect Content to the Site. AR does not screen or monitor such Architect Content and is not liable for such Architect Content whether it is incomplete, inaccurate, out of date or otherwise unlawful. AR makes no warranty or representation in relation to any Architect, and AR has no liability to you for any act or omission of Architect.
6.2 You agree that on engaging an Architect to provide services, you are entering into a contract with the Architect and not AR. You should carefully review the Architect' terms and conditions for the provision of services. As a result, we are not responsible or liable to you in relation to the provision of the Architect's services or otherwise in relation to any act or omissions of the Architect.
6.3 We do not recommend or endorse any Architect, the suitability or need for the Project and/or the quality of the Architect's services.
7.1 AR is not due any Fee from Client.
8. IP Rights and Publicity
8. You acknowledge that no IP Rights in the Site and/or the Content are assigned to you under these Terms.
8.2 You hereby assign to AR all IP Rights that may exist in any feedback, reviews, comments, proposals or amendments that you provide to AR in respect of the Site and/or an Architect.
8.3 Subject to local planning laws, we are entitled to erect an Architects Republic branded board on hoarding at the Property during the construction works that relate to the Project and you shall provide all reasonable assistance to enable us to do so.
9.1 You are solely responsible for ensuring that the Site is appropriate and suitable for your needs. You agree that (a) the Content and Architect Content, including the identity of the Architects and information relating to the Architects, does not constitute any form of advice or recommendation by AR; and (b) AR does not warrant that the Content is accurate or complete or that any particular result will be achieved, achievable or achieved by you in relation to the Project.
9.2 Except as set out in these Terms, and to the extent permitted by law, no representations, warranties or conditions are given or assumed by AR and you agree that you have not relied upon any other representations, warranties or conditions to enter into these Terms.
10. LIABILTY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
10.1 AR excludes any and all liability to you, whether for breach of contract, tort (including negligence) or otherwise for (a) loss of profit, sales or business; (b) loss or corruption of data or information; (c) business interruption; (d) loss of business opportunity or anticipated saving; and/or (e) any indirect or consequential or incidental loss incurred by the Client even if AR has been advised of the possibility of such losses. The Client agrees that the provisions of this Condition 10.1 are severable.
10.2 In any event, AR's entire liability to You under these Terms, including any breach of warranty, condition, or for any representation, statement, act or omission of AR shall be limited to the commission received by AR in respect of the Project.
10.3 Nothing in these Terms shall operate to limit or exclude AR's liability for (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other liability that cannot lawfully be excluded under English law.
10.4 The Client acknowledges that the Site may link to third party websites. Any link from the Site does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or their content or operators. To the maximum extent permitted by English law, AR excludes all responsibility or liability for those websites.
11.1 You shall not circumvent or attempt to circumvent the Site in your relationships with an Architect relating to a Project. If you do so, we shall be entitled to terminate your AR account. On termination of your AR account, we shall immediately have the right to delete the Client Content and you shall cease to access the Site.
11.2 Termination shall not affect the accrued rights of each party. Notwithstanding termination, the following Conditions shall remain in force: Conditions 8 (IP Rights), 9 (Warranties), 10 (Liability), 11.2 (Termination) and 12 (General). 12. General
12.1 These Terms constitute the entire understanding between the parties with respect to its subject matter and supersedes all prior agreements, standard terms, negotiations and discussions between the parties relating to it.
12.2 Nothing in these Terms shall confer or purport to confer on any third party, including an Architect, any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
12.3 The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
12.4 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties
12.7 Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or by email to the latest address notified. Any such notice shall be deemed to have been received at the time of delivery.
12.8 These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.