TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
1.2 Other applicable terms
- Our Policies relating to Acceptable Use and Cookies are contained within these Terms, which sets out the permitted uses and prohibited uses of our site and information about cookies on our site.
1.3 Key Definitions
- By referring to “us”, “we”, “our” and “ours” in these terms, we mean the “Company”, “ARCHILINK LIMITED”.
- “users” or “you”, means anyone using or accessing the services provided by us.
- “Homeowner(s)” or “Client(s)” means any person or persons, whether it is a company or person, who registers with the Website and uses the Services to search for a Designer.
- “Consultation” means the initial consultation relating to a Project between the Homeowner and the Designer which has been facilitated through the Website. The purpose of this meeting is for the Homeowner to meet the Designer in person. It is expected that the Designer and Homeowner will discuss the Homeowner’s brief to enable the Designer to put together a fee quotation. By using Archilink, Designers agree that they will attend this initial meeting without charging a Homeowner a fee.
- “Consultation Request” or “Invite for Consultation” means the contact by a Homeowner to a Designer through the Website to arrange a Consultation.
- “Designer(s)” means any company or person who registers with the Website, and uses the Services to search for Jobs.
- “Job” or “Project” refers to any design project posted by a Homeowner via the Website.
- “Profile” refers to information submitted by a Designer to the Website to describe themselves/their services, that will be visible to Homeowners via the Website.
- “Post” refers to a Project or Job submitted by a Homeowner or a Profile submitted by a Designer via our Website.
- “Service” means any procedure or service that is provided by us to users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
- “Shortlist” or “Shortlisted” means that a Designer or Homeowner has indicated to the other party that they are interested in connecting to discuss the project. The other party is notified of this interest by us. A Homeowner and can only request a Consultation from a Designer who has shortlisted them.
- “Subscription” is an arrangement by which access is granted to a Designer to use the Services of the Website for a defined period of time. The subscriptions give the Designer the ability to “Express Interest” in Projects. In turn, this enables Homeowners to invite them for a Consultation.
- “Website” or “Site” means the website ‘archilink.co.uk’ and all the pages and content contained therein.
1.4 Governing Law & Jurisdiction
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
4.1 Applicable law
We provide a service that helps Homeowners find Designers (including, but not limited to, architects architectural designers, interior designers and landscape designers) to assist with their Projects through the Website. The Website uses an algorithm to match Projects with Designer’s Profiles which facilitates the Consultation between Homeowner and Designer.
3.0 Dealings with other users
Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
It is the responsibility of the Designer to ensure that they hold all necessary insurance, including professional indemnity insurance and public liability insurance before commencing “Work”. Work can include any professional advice or opinions provided to the Homeowner, prior to appointment. It is the responsibility of the Homeowner, before entering into a contract with any Designer, checks and obtains confirmation of this insurance cover, guarantees, qualifications and any other necessary information.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on this Website, or between users and any third party, you understand and agree that we are under no obligation to become involved.
In using the Services provided by us, you acknowledge that we are not acting as an agent and are not responsible for any agreement or appointment between Designer and Homeowner arising out of the use of the Website. It is the sole responsibility of the Homeowner to select a suitable Designer for their particular Project and to negotiate the terms of appointment between them. Likewise, it is the responsibility of the Designer to Shortlist Projects they are qualified and professionally competent to undertake, and to negotiate their terms of appointment with the Homeowner. We will not be involved or held liable for any agreement between the Customer and Designer and any losses or disputes arising as a result of that agreement.
4.1 No reliance on information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date and will not be held liable for any losses or disputes arising from errors or omissions in the Site’s content, including any help or advice offered directly or indirectly through the Site.
We will not be held responsible or liable for the information or content posted by either Homeowners or Designers. If any disputes arise between the Homeowner and Designer, as a result of acting on the information provided within or outside of the Website, we shall not be liable.
4.2 Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (Clause 15.0).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose e.g. for promotion or marketing of the website.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You agree that information and content supplied by you will be honest, truthful and you will only use the website for lawful purposes. Information you supply to the website, including images and messages to other users should be tasteful and civil, for the sole purpose of finding a Job or Designer. If, in our opinion, a user is in breach of any of the above, we reserve the right to remove said content from the website and block the user from using the Services.
All parties acknowledge that we do not vet, manage or approve Project posts or profiles or content contained within their posts or messages displayed within the website. All content is the sole responsibility of the person who submitted that content.
We do not vet, manage or approve the content of reviews submitted by Homeowners. Any objections to reviews should be brought to our attention via the ‘contact us’ form. We reserve the right to remove any reviews that are not deemed by us to be fair or reasonable.
We do not promote, represent or approve of any user of this service. Reviews supplied by Homeowners are their personal opinion only.
All users understand that we are not responsible for the review content that Homeowners post, or any harm done by such content. The Homeowner who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, we may remove feedback, but only at our sole discretion. Likewise, any Homeowner who posts feedback in reference to a Designer is responsible for its accuracy and legality.
All users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
6.0 Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us on our ‘Contact Us’ page.
6.1 Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
7.0 Intellectual Property
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Intellectual property rights through postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) users upload to the Site are retained by the copyright owner, and these are added to the site by users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
You warrant and undertake that any design, documentation, software or other materials or information furnished or used by you in using this website will not infringe on any intellectual property rights or any other right whatsoever of any third party or incorporate any third party rights. You will indemnify and keep us indemnified against any liability, loss, damage, costs, and expenses (including professional advisers’ fees) which we may incur as a result of a breach of you of this clause.
8.0 Payment Terms & Refunds
8.1 Consultation Fees (Homeowners):
Please refer to the pricing page for further details.
8.1.1 100% Money Back Guarantee (where applicable)
We will issue a full refund to the homeowner if they do not find their through Archilink.
The homeowner should notify us that they would like to claim a refund by emailing us on firstname.lastname@example.org, providing a contact number.
This refund policy will not affect your statutory rights to a refund.
8.2 Subscription Fees (Designers):
Designers are eligible to sign up to the Website without charge, Post a Profile, which will be displayed on the Website (until the Designer expressly requests its removal or such time that we remove the Profile), browse and Shortlist Projects/Jobs.
For Designers to use and access all of the features of the Website, a fee will be charged at a fixed rate for a fixed time period, as displayed on the Website, or a promotional rate if eligible. This will make the following features available to Designers:
- Accept Consultation Invitations.
- Ability to Arrange Consultations through the Website.
Designer subscriptions are paid in advance of use. If you set up an online payment agreement, we will automatically take payment from the credit or debit card used to set up the online agreement up to 3 days before the renewal date of your subscription. We will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date. Cancellations of subscriptions can be requested through the ‘edit details’ page.
We reserve the right change the price of subscriptions fees at any time. Any change in price will be communicated to you in advance. If you do not wish to be bound by the new subscription price, you may cancel your subscription before the change comes into effect. Your continued use of the Service after this date will constitute an acceptance of the new Subscription price.
You agree that having a Subscription does not remove our right to limit or terminate your use of the site. You also agree that we have the right to change the features and privileges of a Designer’s Subscription from time to time. If the above has come into effect, and a user expressly requests it in writing, we will, at our discretion, reimburse the remaining subscription at a pro-rata rate for the time remaining.
8.3 Refunds for Designers
Fees payable under 8.2 above are non-refundable save that refunds may occasionally be offered in certain circumstances at our sole discretion. If deemed that a refund should be made, we will refund payment within 3 working days of request. Requests from users should be made through our ‘Contact Us’ page. If you are a consumer, this refund policy will not affect your statutory rights to a refund.
If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such a purchase.
You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
8.4 Failed & Disputed Payments
If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our “Contact Us” page.
8.5 Delivery Policy
Services will be made available upon receipt of payment.
9.0 Reviews from Homeowners
You agree that Homeowners are empowered to leave you feedback after you have shortlisted a Project. You agree that by shortlisting, you are communicating to the Homeowner that you are willing to partake in a Consultation. You can un-shortlist a project if you are no longer interested by clicking the shortlist icon again. If you then ignore requests for Consultations, or do not make reasonable attempts to arrange or attend a Consultation, you understand that the Homeowner has justification to submit a negative review. This review will be displayed on the Designer’s profile to other Homeowners.
Unless the Homeowner and Designers agree otherwise, a “Consultation” will be a meeting to discuss in detail the requirements of the Project. The Designer understands that a review from this Consultation may be submitted by the Homeowner, which will be displayed on the Designer’s profile to other Homeowners.
You acknowledge that we may establish limits concerning use of the Website, including but not limited too the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that we reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.
11.0 Termination of service
You agree that we, in our sole discretion, have the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the terms.
Further, you agree that we shall not be liable to you or any third-party for any termination or restriction of your access to the website. Further, you agree not to attempt to use the website after said termination.
12.0 Accessing our site
12.1 Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us through the ‘Contact Us’ page.
13.0 Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a Homeowner or consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15.0 Acceptable Use Policy
15.1 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
15.2 Interactive services
We provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Our site has an interactive messaging system between users. We do not moderate this service. Should a difficulty arise, the user should contact us through our ‘Contact Us’ page immediately.
We will take reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
15.3 Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
15.4 Suspension and termination
We will determine, in our discretion, whether there has been a breach of the Acceptable Use Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Useful Tips Section 16.0
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Notice and Take Down Policy 17.0
If you are a rights holder and are concerned that you have found material on our website or legitimately under our name elsewhere, for which you have not given permission, or is not covered by a limitation or exception in laws of the UK or other countries (as relevant), please contact us in writing stating the following:
- your contact details
- the full details of the materials
- the exact URL or other location where you found the material
- proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
Upon receipt of notification the ‘Notice and Take Down’ procedure is then invoked. It is the policy of Archilink to suspend immediately the access to content that is subject to complaint while that complaint is verified.
- Archilink will acknowledge receipt of your enquiry by email or letter within 10 working days.
- Archilink will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.
- The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
- material is replaced on the Archilink website unchanged
- material is replaced on the Archilink website with changes
- material is permanently removed from the website.
- If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through the Archilink website until a time when a resolution has been reached.