TERMS OF USE - My Building Plans South Africa

USER AGREEMENT

These terms and conditions apply to all transactions concluded by you, the customer (also referred to as “You”, “your”, “User”, “Client” or “Purchaser”), when you purchase via the My Building Plans South Africa website (Also referred to as “the Website” or “ the Site”) at www.myplans.co.za and through any other agents or representative of My Building Plans South Africa (Also referred to as “us”, “we”, “myplans.co.za”, “The Site”, “www.myplans.co.za” or “My Building Plans”) other than the online store.

By using My Building Plans South Africa website on www.myplans.co.za, registering at the online store or contacting and receiving any services via any personnel, agent or representative of My Building Plans South Africa you accept and agree to be bound by these terms and conditions

These terms and conditions, together with any agreement referred herein shall constitute an agreement between the user of the My Building Plans South Africa website and/or services and products (Also referred to as “house designs/building plans/architectural designs/ home plans/ house floor plans/ blueprints/ drawings, plans/Images/3D renders”) and myplans.co.za.

These terms and conditions and/or agreement shall supersede any prior or post understanding or agreements, whether oral or written, and may only be modified in writing and signed by both parties.

These terms and conditions shall be read in conjunction with the Frequently Asked Questions (FAQ), Privacy Policy and Order Info, found elsewhere on the website.

The purchaser acknowledges that your use of this site is at your sole risk, that you assume full responsibility for all costs associated and arising from your use of this site. My Building Plans South Africa shall not be liable for any damages of any kind related to your use of this site and as applicable by law.

myplans.co.za reserves the right, at any time, to modify, alter, or update these Terms and Conditions and all other information pertaining to our site. By accepting these Terms and Conditions, you agree to be bound by such modifications, alterations, or updates. The information contained in this site, including but not limited to the rules that govern the use of the site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by those rules.

If you do not agree to these terms, you may not use this site and the services on offer.

COPYRIGHT

All house designs, 3D Renders, Images and content in this website are properties of My Building Plans South Africa. Copyright is reserved to My Building Plans South Africa in terms of South African Laws & Regulations and All related International treaties and trade provisions. Only the purchaser of a house plan is allowed to build one house, only one time unless otherwise stated in writing by My Building Plans South Africa. Any purchased house designs, 3D Renders, Images or part thereof cannot be copied and/or reproduced by any means and for any reason other than for purposes of building the house for which the plans have been purchased for.

Any other use of material on this site, including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of My Building Plans South Africa will constitute a criminal offence and it is strictly prohibited.

All house designs and content reproduced by My Building Plans South Africa as part of any plan modification orders remain under copyright of My Building Plans South Africa.

DISCLAIMER

At My Building Plans South Africa we have made extensive efforts to provide our clients with house designs and services that are precise in detail and beneficial to the client. However, due to variations in local, regional and state applications of building codes and requirements, individual preferences, geographical and topography conditions of individual sites, building materials and because we are not contracted for any site inspection or supervision of the works:

My Building Plans disclaim all warranties and liabilities, of any kind whether express or implied arising from the use of our house designs, 3D Renders, Images and content, documentation and content on our website and for all services and/or lack thereof obtained by any user or purchaser of My Building Plans South Africa house designs and services.

Due to the use of third parties including postal agencies, My Building Plans South Africa disclaims any liability, express or implied for any damages, consequential, incidental, direct or indirect as a result of the use of such agencies. In the event of any liability being imposed on My Building Plans South Africa, My Building Plans South Africa’s liability to the purchaser or any third party shall not exceed the price paid directly for My Building Plans South Africa’s house designs by any such agency and/or purchaser.

Any use of the plans, or modifications of the plans, by purchasers, builders or others is done at your own risk. All construction plans ordered through My Building Plans South Africa are provided “as-is” and My Building Plans South Africa and the designer disclaim all other warranties, express or implied, including merchantability or fitness of purpose. It is your responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from My Building Plans South Africa prior to use thereof. As a result, the customer undertakes to consult, at his own cost, only professionally registered persons and/or institutions for such additional work.

While at My Building Plans South Africa we make every effort to ensure accuracy of information in our house designs on this site, the designs do not have a Local Authority, or Engineering signature, seal or stamp of approval. In some cases, plans may require certain modifications or further information in order to comply with local conditions. Customers are hereby given permission to consult a local authority officer, architectural and/or engineering practitioner prior to purchasing plans on our website and before commencement of construction, in order to ensure compliance with all local building regulations, town planning and other applicable statutory laws. As a result, the customer undertakes to consult, at his own cost, only professionally registered persons and/or institutions for such additional work.

All house designs on this site are designed by My Building Plans South Africa’s architects, technologists and draughtsmen employed or subcontracted to My Building Plans South Africa and they provide a general layout, design intent, and concepts for your builder to construct the house, however, In some cases the plans may not include all or relevant details that may be required by yourself, local authority, engineer or your specific builder and therefore You shall undertake to advise your architect, technologist, draughtsman, engineer and/or builder that the plans are not complete in every detail, and may require additional drawings or details to build the house in as much as your specific local conditions require. As a result, the customer undertakes to consult, at his own cost, only professionally registered persons and/or institutions for such additional work.

Our house designs may include some items, schedules, sections, details, notes, sizes and specifications which were drawn from original archives. However, due to the wide variety of local regulations, various manufactures, human errors, etc. these references are for information only and do not represent an endorsement or recommendation by My Building Plans South Africa. The customer, his local architect, draughtsman, engineer and/or builder are therefore responsible for the final selection and installation of all such items, schedules, sections, details, notes, sizes and specifications to be used. As a result, the customer undertakes to consult, at his own cost, only professionally registered persons and/or institutions for such additional work.

The Purchaser agrees to have read and understood all building and architectural requirements imposed by his local authority and/or Homeowner’s Association prior to purchasing our plans and/or services and shall not in any way impose such responsibility and/or obligation to comply with such requirements on My Building Plans South Africa.

We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials.

No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.

No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.

If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these conditions to be illegal, unenforceable, or invalid under applicable law AND/OR in a particular jurisdiction:

Where applicable, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.

My Building Plans endeavours to maintain the website and its operation, but is not, and cannot be responsible for the results of any defects that may exist in the house designs, website or its operation. As to the operation of the website, My Building Plans South Africa expressly disclaims all liabilities of any kind, whether express or implied, including, but not limited to all implied liabilities or merchantability or fitness for a particular purpose, title and non-infringement. My Building Plans South Africa makes no warranty that

(I) The operation of the website will meet the user’s requirements;

(II) Access to the website will be uninterrupted, timely, secure, free of viruses or other harmful components, or free of defects or errors;

(III) The results that may be obtained from the use of the website will be accurate or reliable; or (IV) Defects will be corrected. “You” (and NOT My Building Plans South Africa) assume the entire cost of all servicing, repair or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the website.

PLAN MODIFICATIONS

The user agrees that any modifications that may be undertaken to the house designs designed by My Building Plans South Africa or agents do not alter the fact that My Building Plans South Africa continues to own the copyright and will resell the plan with the plan modification. Should the user want the modified plan to not be modified the user will be required to pay full rate per square meter.

Should the client produce his own layout after being charged for addition and all alteration, his quotation will be reviewed and be charged for custom design as it ia a new pla all together

Such modifications shall be deemed to be final, complete and acceptable to the User after 24 hours have passed after physical or electronic copies of the plans have been delivered without any written notice to the contrary.

Plan Modifications will also be deemed to be final, complete and acceptable to the User who collects such plans from My Building Plan’s offices once collection/delivery documents have been signed by the User or his representative who collects them. Drawing revisions, for any other reason, requested after this final delivery date and other than provided for elsewhere in these conditions are considered additional services and shall be billed as additional services.

The purchaser undertakes to abide and conform to their local authority, body corporate and/or Homeowner’s Association requirements. The Purchaser agrees to have read and understood all building and architectural requirements imposed by his local authority, body corporate and/or Homeowner’s Association prior to purchasing the plans and shall not in any way impose such responsibility and/or obligation to comply with such requirements on My Building Plans South Africa.

All revisions and modifications to plans required by your local authority, body corporate and/or Homeowner’s Association are not included as part of the modification services as requested by the purchaser and shall, where provided, be billed as additional services.

My Building Plans shall assume that the client has obtained sufficient information and knowledge pertaining to all other requirements by his local authority, body corporate and/or Homeowner’s Association prior to accepting such modifications from us. Any further architectural services to make changes for compliance with local building codes will be charged as additional services.

Payment for modifications is due at the time of ordering such modifications unless otherwise agreed upon in writing. My Building Plans South Africa shall withhold the release of any drawings and/or any contract documents, if payment on invoices is not received on time. If the scope of the project or modifications is changed materially, the fees for modifications shall be adjusted accordingly.

The modifications agreement may be terminated by either party upon seven (7) days written notice.

If the termination is by the user no refund of payment will be made by www.myplans.co.za regardless of the time that lapse between entering into the agreement by both parties and the time of such termination. If the termination is by My Building Plans South Africa, a partial refund can be offered. Any such partial refunds to the Client shall be calculated at the sole discretion of My Building Plans South Africa and shall not include any amounts paid for the original drawings purchased from www.myplans.co.za by the user. Notwithstanding All other provisions in these terms and conditions, Plans on our website were created to comply with the South African National Building Regulations and other statutory requirements.

DOWNTIME

Due to the nature of server provision, repairs, system mal-function, downtime and lost transmissions may occur to our website services. The User undertakes to allow www.myplans.co.za unlimited time to undertake the necessary maintenance to resolve such downtime and/or malfunction/s. As a result, and in the event of any query arising therefore, the User undertakes to allow My Building Plans South Africa enough time to undertake such repairs as may be necessary, without prejudice and/or liability. Furthermore, the User will provide proof for such downtime, including but not limited to dates and times in order to enable My Building Plans South Africa to resolve any such queries that may arise. Notwithstanding the above, the User agrees to enter into this agreement at his own risk and consents that there shall be no liability, refunds or compensation for any such downtime.

RETURNS AND REFUNDS

House designs cannot be returned for credit and/or refund under any circumstances.

Where an incorrect plan or plan with errors was delivered to the customer it shall be the responsibility of the customer to notify My Building Plans South Africa. In such cases My Building Plans South Africa shall be allowed an unlimited period of not less than 14 days to rectify such an order.

SHIPPING AND DELIVERIES

Your order will normally be dispatched within 7 (Seven) working days of placing the order. While we endeavour to meet such timescales or dates, we do not undertake to dispatch and/or deliver house designs by a particular date or dates. Delivery timescales/dates specified on the site, in any order of acknowledgement, acceptance or elsewhere are estimates only.

Delivery to customers outside South Africa shall be by email at no additional charge. Alternatively, customers may request that plans (hard copies) be mailed through reputable third party courier companies (i.e. South African Postal Services, Fastway, DHL, FedEx, UPS, etc.). In that case, the client shall bear the cost of such services.

Delivery of parcels shall pass to the customer immediately on submission of parcels to shipping/mailing agent(s) by My Building Plans South Africa.

It is the user’s responsibility to track the order through any such third parties.

Due to the use of such third parties, My Building Plans South Africa disclaims all liability, express or implied or for any damages, consequential, incidental, direct or indirect as a result of the use of such agencies.

In the event of any liability being imposed, My Building Plans South Africa’ liability to the purchaser or any third party shall not exceed the initial cost of shipping/mailing paid directly by My Building Plans South Africa and/or user to such agents.

My Building Plans reserve the right to use any shipping/postal agent of it’s choice for the shipping/mailing of house designs

The user authorises My Building Plans South Africa to share the user’s personal information with third parties who are used to fulfil the user’s order or satisfy our obligations to you.

If you fail to take delivery of the goods or fail to give us an adequate delivery instructions on the date agreed for delivery/collection, then we reserve the right to charge you for any subsequent holding and re-delivery costs.

It is recommended that you make aware any person who will be accepting the goods to check such goods for any defects before signing the delivery documents. You agree that you shall be responsible for such signed documents and will thus have no claim for any liability whatsoever against My Building Plans South Africa.

Should there be no person available to accept the delivery of the goods at the address provided, you will then accept charges for any subsequent deliveries.

HOUSE DESIGNS AND PRICES

My Building Plans reserve the right to amend any prices without any prior notice and at any time and the right to add or withdraw any design at any time.

All purchases made through the site and/or via any personnel of My Building Plans South Africa are considered valid and final.

Payment shall be made by such methods as are indicated on the Site – Credit Card, Direct Bank Deposit and/or Electronic Fund Transfer, 2Checkout and PayFast and not by any other means unless we have given our prior agreement.

No counter-claim or set-off may be deducted from any payment due without our written consent.

REPRESENTATION

You represent that all information provided by you when ordering a Product is up-to-date and accurate in all material respects and is sufficient for us to fulfil your Product order.

You also represent that you are a sane individual and over 18 years of age.

You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Site, services and/or purchasing house designs) secure against unauthorized access.

Any warranties given in relation to these Conditions only extend to you on the understanding that you are a final user and not a reseller of the building designs.

No warranty, commitment, fact or any other obligation should ever be assumed by you on our behalf without our prior express written consent.

CUSTOMS DUTIES & EXPORT

If any licence or consent of any government or other authority is required for the acquisition, carriage or use of our house designs by you, you shall obtain such licence or consent at your own expense and if necessary produce evidence to us on demand. Failure to do so shall not entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.

House designs licensed or sold to you under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.

Items entering your country (if outside South African Borders) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

GOVERNING LAW AND JURISDICTION

The construction validity and performance of these Conditions shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African Courts in the event of legal proceedings arising from any dispute.