These Terms of Use (these “Terms”) represent an agreement between you and Dream Homes Design & Interiors (PVT)LTD(“www.homeplan.lk”) and govern your use of this website and any products or services, including house plan sets (“Plans”) made available via this website from time to time.
This website, together with such products or services, is referred to collectively as the “Site” in these Terms.
By
using the Site, whether for purposes of viewing or ordering Plans or
otherwise, you acknowledge that you have read and understood, and agree
to be bound by and comply with, these Terms.
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- When you use our website.
- Who may use the Site. The Site is intended for use by adults. You must be at least 18 to order or use any Plans or otherwise use the Site.
- What’s not allowed. When using the Site, you agree that you will not:
- violate any applicable present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”);
- submit, provide or upload any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any Intellectual Property Rights (as defined below) or other proprietary rights of any third party;
- submit any personal information, including names or email addresses, pertaining to other individuals;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
- violate or attempt to violate the security of the Site;
- reverse engineer or decompile any portion of the Site; or
- “scrape” information from the Site by automated means or otherwise without authorization.
- Your privacy. Your use of the Site is subject to Dream Homes Design & Interiors (PVT)LTD privacy policy. The provisions of our privacy policy are incorporated into these Terms. By using the Site,you acknowledge and consent to House plans’ collection, sharing and use of information as set forth in the privacy policy.
- When you order and use our plans.
- Overview. All of our Plans were created by architectural Draftsmen (each, a “Designer”). When you order Plans from us, in accordance with these Terms:
- if we own the copyright in the Plans, we license rights to use these Plans directly to you
- Designer Agreement. In the scenario described in clause 1(b) immediately above, you may be required, before you have the right to receive and use the Plans, to enter into an agreement with the Designer (“Designer Agreement”) in addition to these Terms. Any Designer Agreement will supplement but not replace these Terms. If there is any conflict or inconsistency between these Terms and a Designer Agreement, every effort will be made to reasonably construe such provisions in a manner that resolves such conflict or inconsistency; provided, however, that if such conflict or inconsistency cannot be reasonably construed in such manner, the more restrictive provisions regarding the scope of rights to use the Plans, and the more expansive provisions regarding obligations applicable to you and limitations on our and the Designer’s liability, shall apply.
- Ordering Plans.
- You may order existing Plans by paying direct from our website (“Purchased Plans”), and other Plans by giving us the right to use your contact information for marketing purposes, as described below (“Free Plans”). In all cases, you will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to Dream Homes are final, and no refunds will be granted for any reason. Unless otherwise specified, all monetary amounts referenced on the Site refer to Sri Lankan Rupee (Rs.).
- License. When Dream Homes Design & Interiors (PVT)LTD provides you with Purchased Plans or Free Plans you are hereby granted, subject to these Terms and, if applicable, any Designer Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (the “Project”) one time and one time only; and to modify and reproduce the Plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Designer Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:
- You may not assign, sublicense or transfer the License.
- You may not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of Dream Homes Design & Interiors (PVT)LTD, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Dream Homes Design & Interiors (PVT)LTD.
- You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building a single home subject to the License.
- You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
- You agree that you will have the Plans reviewed and approved by a local professional designer or engineer before the start of any construction.
- You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of your obligations under these Terms and Applicable Laws.
- Customization Services. If you request that Dream Homes Design & Interiors (PVT)LTD or its Designer customize the Plans, the following provisions apply:
- Overview. Dream Homes Design & Interiors (PVT)LTD, or one of its affiliates or independent Designers, will customize your Plans (“Customization Services”) on request, as detailed below, and provided customized versions of the Plans (“Customized Plans”). For purposes of the Customization Services, references to Dream Homes Design & Interiors (PVT)LTD may apply to Dream Homes Design & Interiors (PVT)LTD’ affiliate or Designer. “Customized Plans” are still Plans for purposes of these Terms. As such, Dream Homes Design & Interiors (PVT)LTD and/or its Designer will retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.
- Scope of Work. When you request Customization Services, we will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Plans substantially consistent with the Scope.
- Additional Services. If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Plans for purposes of compliance with local building codes or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take-offs, and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor’s or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.
- Fees. If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote. If you decide to purchase Additional Services, you will likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you will be responsible for payment of any reimbursable expenses incurred in the interest of the project, including costs, marked up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long-distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing. You will be required to pay interest for any payments due and unpaid more than thirty (30) days after the date of Invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the greatest amount permitted under applicable law. Without limitation of any other rights or remedies under these Terms or pursuant to Applicable Laws, Dream Homes Design & Interiors (PVT)LTD may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
- Client Responsibilities. Your responsibilities in connection with the Customization Services include the following:
- providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building;
- rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule;
- obtaining, at your own expense, all required soil studies and land surveys;
- crediting Dream Homes Design & Interiors (PVT)LTD and the applicable Designer in publicity involving the project design;
- providing, if requested, a written description and/or sketch outlining the proposed changes;
- providing a copyright release satisfactory to Dream Homes Design & Interiors (PVT)LTD if you provide the plans that will be subject to the Customization Services;
- permitting access to the project site at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for its records and future use
- Suspension or Termination. Either you or Dream Homes Design & Interiors (PVT)LTD may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Dream Homes Design & Interiors (PVT)LTD terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Dream Homes Design & Interiors (PVT)LTD No refund will be issued for the purchase of the original Plans. Dream Homes Design & Interiors (PVT)LTD shall be entitled to compensation for all services and reimbursable expenses incurred prior to receipt of written notice of termination from you. If the Project is resumed, after being terminated for more than one (1) months, and should Dream Homes Design & Interiors (PVT)LTD agree to resume performance of Customization Services, there will be a re-activation fee at 15% of the original customization fee. In the event the Dream Homes Design & Interiors (PVT)LTD does not receive the agreed compensation when due, Dream Homes Design & Interiors (PVT)LTD may, without limitation of its other rights or remedies, suspend performance of the Customization Services.
- Your Builder’s Responsibilities. You acknowledge and agree that: (i) the following items are your builder’s and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Houseplans and its Designers shall have no responsibility or liability with respect to such items:
- Your builder is responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards, and other Applicable Laws.
- Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.
- Your builder is responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
- Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimensions and framing.
- Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
- Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
- Your builder is responsible for assuring that all materials, equipment, and components are new and of good quality.
- Your builder is responsible for assuring that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
- Generally Applicable Terms.
- Who Owns What. Dream Homes Design & Interiors (PVT)LTD and/or its Designers or other licensors own all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions, and appearance of the Site. Without limitation of the foregoing, the Plans are protected by Copyright Laws; and any use of the information contained therein beyond the one-time-use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of Dream Homes Design & Interiors (PVT)LTD, constitutes a violation of Federal Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to us that you own all Intellectual Property Rights in Your Information.
