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TERMS AND CONDITIONS

International Online Sale and Use of Architectural Building Designs

1. Definitions and Interpretation

1.1 “Designer” means MBH International, the rights holder offering the Designs for sale through the Website.
1.2 “Purchaser” means any individual or legal entity purchasing a Design through the Website.
1.3 “Design(s)” means architectural drawings, plans, layouts, models, specifications, visualisations, and related digital documentation.
1.4 “Website” means the online platform through which the Designs are marketed and sold.
1.5 “Project” means a single construction project on a single site for which the Design is purchased.
1.6 “Applicable Law” means the laws determined in accordance with Clause 15.

2. Acceptance of Terms

2.1 By purchasing, downloading, accessing, or using any Design, the Purchaser confirms acceptance of these Terms and Conditions.
2.2 These Terms constitute a legally binding agreement between the Designer and the Purchaser.

3. Nature of the Product

3.1 The Designs are standardised architectural design products and do not constitute bespoke professional services unless expressly agreed in writing.
3.2 The Designs are provided “as is”, without adaptation to site-specific, regulatory, climatic, or construction conditions, however, if required, this can be accommodated at an additional charge to determined based on the specificity of the required adaptations.
3.3 The Designer does not warrant that the Designs are suitable for any particular site, jurisdiction, or regulatory framework without further professional review, however any design can be tailored to suit a specific site's parameters at an additional fee to be quoted by the Designer.

3.4 The quoted prices include for concepts only (conceptual floor layouts, sections, elevations and 3D visuals) in Autocad.DWG format and does not include for fully developed council submission drawings for local authority approval, nor tender or construction drawings, which can be done at an additional fee as quoted.

3.5 The BIM model in Revit or Rhino formats, can be purchased for an additional 10% surcharge on the quoted product price.

4. Licence and Permitted Use

4.1 Upon full payment, the Purchaser is granted a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Design solely for:

  • One (1) Project; and

  • One (1) construction on one (1) site.

4.2 The Purchaser shall not:

  • Resell, license, sublicense, assign, share, or distribute the Designs;

  • Use the Designs for multiple constructions or sites;

  • Use the Designs as templates for commercial exploitation or resale;

  • Remove or obscure copyright notices.

4.3 Any reuse or repeat construction requires a separate licence, written consent from the Designer, or an additional purchase payment.

5. Intellectual Property Rights

5.1 All Designs remain the exclusive intellectual property of the Designer and are protected by international copyright conventions, including the Berne Convention.
5.2 No ownership or moral rights are transferred to the Purchaser, save for the limited licence expressly granted herein.
5.3 Any unauthorised reproduction or distribution constitutes an infringement of intellectual property rights.

5.4 The Designer reserves the right to resell any design concept.

6. Modifications and Reliance

6.1 Any modification, adaptation, or localisation of the Designs:

  • Must be undertaken by a suitably qualified professional licensed in the relevant jurisdiction; and

  • Is performed entirely at the Purchaser’s risk.

6.2 The Designer shall not be responsible for errors, omissions, or non-compliance arising from:

  • Modifications by third parties;

  • Site conditions or constraints;

  • Local codes, laws, or authority requirements.

7. Regulatory Approval and Compliance

7.1 The Purchaser is solely responsible for ensuring that the Designs:

  • Comply with all applicable building codes, zoning laws, standards, and regulations;

  • Are reviewed, adapted, and approved by local professionals where required;

  • Obtain all necessary approvals, permits, and certifications.

7.2 The Designer does not guarantee approval by any regulatory or statutory authority.

8. Fees, Payment, and Delivery

8.1 Prices are displayed on the Website are professional design fees only, excluding any statutory charges, taxes, construction costs, or localisation services unless expressly stated.
8.2 Payment must be made in full prior to delivery or access.
8.3 Designs are delivered electronically in digital format within 14 calendar days from confirmation of payment in full.

8.4 Should sales tax such as VAT be applicable, then the relevant tax amount will be added to the quoted product price.

9. Refunds and Cancellations

9.1 Due to the digital nature of the Designs, all sales are final once access or download has been granted, except where mandatory consumer protection laws apply.
9.2 Refunds, if any, are at the sole discretion of the Designer prior to download or access.

10. Disclaimer and Limitation of Liability

10.1 To the maximum extent permitted by Applicable Law, the Designer disclaims all warranties, express or implied, including fitness for a particular purpose.
10.2 The Designer shall not be liable for:

  • Construction defects or failures;

  • Cost overruns or delays;

  • Loss of profits or business interruption;

  • Indirect, incidental, special, or consequential damages.

10.3 The Designer’s total aggregate liability shall not exceed the purchase price paid for the Design.

11. Indemnity

11.1 The Purchaser agrees to indemnify and hold harmless the Designer from all claims, damages, losses, costs, and expenses arising out of:

  • Use or misuse of the Designs;

  • Construction or implementation of the Designs;

  • Breach of these Terms;

  • Non-compliance with local laws or regulations.

12. No Professional Appointment

12.1 The purchase of a Design does not constitute:

  • A professional appointment;

  • Architectural, engineering, or consultancy services;

  • Site supervision, certification, or contract administration.

12.2 Any professional services must be separately agreed in writing under a formal services agreement.

13. Force Majeure

13.1 The Designer shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, regulatory changes, cyber incidents, or technical failures.

14. Data Protection and Privacy

14.1 Personal data shall be processed in accordance with applicable international data protection laws, including, where applicable, the GDPR or equivalent regulations.
14.2 Purchaser data will not be sold or disclosed except as required for lawful processing or by law.

15. Governing Law and Dispute Resolution

15.1 These Terms shall be governed by the laws of the jurisdiction in which the Designer is domiciled, unless otherwise stated on the Website.
15.2 The parties agree that disputes shall be:

  • Subject to the exclusive jurisdiction of the courts of that jurisdiction; or, at the Designer’s election,

  • Resolved by arbitration under internationally recognised arbitration rules.

16. Severability

16.1 If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

17.1 These Terms constitute the entire agreement between the parties concerning the Designs and supersede all prior communications or representations.

18. Amendments

18.1 The Designer reserves the right to amend these Terms at any time.
18.2 Amended Terms shall apply to purchases made after the date of publication on the Website.

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