TERMS AND CONDITIONS
(The “Agreement”)
Agreed Terms
Your attention is drawn to clause 22 in particular which explains the situations when we may be liable to you for breaching this Agreement.
We also draw your attention to clause 7 which explains the restrictions which apply to your use of the Products.
1 Interpretation
The following definitions and rules of interpretation apply in this Agreement (unless the context requires otherwise):
1.1 “Products” the digital goods provided by us under this Agreement, including (without limitation) the Build Cost Tracker.
1.2 “Services” the services provided by us in a consultancy capacity to you remotely as detailed more particularly in your web shop order and/or on our booking webpage.
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes (without limitation) any subordinate legislation for the time being in force made under it.
2 Term of engagement
2.1 You shall engage us and we shall provide the Products and/or Services as applicable on the terms of this Agreement.
2.2 When you purchase a Product from our web shop, this Agreement shall commence when you receive the order confirmation email and shall continue for the duration that you are using the digital Products unless terminated earlier in accordance with clauses 17, 18 or 21.
2.3 Any Build Project Support Service hours that you purchase will expire at the end of the period stated in the order confirmation email. You will not receive a refund for any unused hours once they have expired.
2.4 Digital products will be available for download for 30 days from the date of purchase.
2.5 When you book one of our consultancy Services online, this Agreement applies from the date of receipt of our confirmation email to the end of the consultation call, provided payment for the Service has been received.
3 Duties and obligations
3.1 We shall provide the Services including the Products with reasonable care, skill and ability.
3.2 Unless agreed in writing, we shall not:
3.2.1 incur any expenditure in your name or for your account; or
3.2.2 hold ourselves out as having authority to make binding arrangements on your behalf.
3.3 We shall comply with all applicable laws.
4 Fees
4.1 You shall pay the amount shown at checkout in full at the time of ordering.
4.2 Please note that we may not provide any Products or Services until payment has been made in full.
4.3 Where the Build Project Consultation Service is purchased, the cost of this Service will be credited against a further Services purchase made within 6 months of the date of the consultancy call.
5 Other activities
Nothing in this Agreement shall prevent us from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation provided that such activity does not cause a breach of any of our obligations under this Agreement.
6 Data protection
6.1 We may use information about how we have assisted with the budgeting of your build on our website or other marketing materials. Any information that we use about your project will be anonymised.
6.2 Our Privacy Policy which is available on our website at https://www.buildbudgetexpert.com/privacy-policy sets out how we use any personal data you give us.
7 rights in the products
7.1 You are not buying the rights in the Products under this Agreement. Instead, we grant you the right to use the Products in relation to your build. You cannot transfer this right to anybody else without our agreement in writing.
7.2 We own all intellectual property rights (including but not limited to copyright) in the Products. If you share the Products with anybody else without our permission then you may be infringing our rights and we may be able to take legal action against you (including but not limited to a claim for damages equal to the amount we would have charged to license the Product to the person you shared it with).
7.3 If you have any questions about your permission to use the Products then please contact us.
7.4 We assure you that your use of the Products (and any other supplied materials) in the ways permitted by this Agreement will not infringe the rights of any third party.
7.5 You may be liable to pay us compensation if you are in breach of the terms of this clause 7.
8 Insurance
During this Agreement we shall maintain in force professional indemnity insurance with a limit of £250,000 for claims arising from a single event or series of related events in a single calendar year.
9 Status
The relationship of us to you will be that of independent contractor and nothing in this Agreement shall render us as your employee, worker, agent or partner and we shall not hold ourselves out as such.
10 WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM
We contact you to confirm we have accepted your order.
11 Sometimes we reject orders
Sometimes we reject orders, for example (without limitation) because the Product or Service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
12 WE CHARGE INTEREST ON LATE PAYMENTS
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
13 WE PASS ON INCREASES IN VAT
If the rate of VAT changes between your order date and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
14 We’re not responsible for delays outside our control
If our supply of your Product and/or Service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us via our email at hello@buildbudgetexpert.com to end the Agreement and receive a refund for any Products and/or Services you have paid for in advance, but not received.
15 products can vary slightly from their pictures
Our Products may appear slightly different to images shown on our website or other marketing tools.
16 YOU ARE RESPONSIBLE FOR MAKING SURE YOUR information is ACCURATE
If we’re making or supplying the Product or Service to information you provide, you’re responsible for making sure those values are correct.
17 YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND
17.1 For some of our Products and Services, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
17.2 Subject to clause 17.3, your legal rights mean that you have14 days to change your mind however you bought the Product.
17.3 When you can’t change your mind. You can’t change your mind about an order for:
17.3.1 digital Products after you have started to download or stream these;
17.3.2 Services, such as where we populate the Build Cost Tracker on your behalf and/or provide consultancy services, once these have been completed; and
17.3.3 Products that are made to your specifications or are clearly personalised.
17.4 The deadline for changing your mind. If you change your mind about a Product or Service you must let us know no later than 14 days after:
17.4.1 the day we confirm we have accepted your order, if it is for a Service (such as completing the Build Cost Tracker or providing bespoke consultancy services); or
17.4.2 the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.
17.5 How to let us know. To let us know you want to change your mind, contact us via email at hello@buildbudgetexpert.com. You can use the model cancellation form attached at Schedule 1.
17.6 You have to pay for Services you received before you change your mind. If you bought a Service (such as us completing the Build Cost Tracker or providing consultancy services) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
17.7 When and how we refund you. If you are entitled to a refund, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
17.8 Where consultancy calls form part of a Service and a consultancy call has been booked in with an adviser, you must provide more than 48 hours’ notice by email to hello@buildbudgetexpert.com of cancellation of the booking or you will not receive a refund. A booking may be rescheduled at our discretion a maximum of once. If you cancel a rescheduled booking then you will not receive a refund.
18 you can end an ongoing AGREEMENT
If you have entered into an ongoing Agreement with us, for example (without limitation) you have bought a number of hours of consultancy time, then you may terminate the Agreement at any time by giving us notice in writing. If you terminate in this way then you will not receive a refund of any monies you have paid. This does not affect your right to cancel under clause 17 or your rights under clause 19 if the Product is defective.
19 YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
19.1 If you think there is something wrong with your Product, you must contact us via email at hello@buildbudgetexpert.com . We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us. Your key legal rights are detailed in this clause 19.
19.2 For Products that are digital content:
19.2.1 the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality;
19.2.2 if your digital content is faulty, you’re entitled to a repair or a replacement;
19.2.3 if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
19.2.4 if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
19.3 If we are providing a Service, for example (without limitation) our consultancy service, the Consumer Rights Act 2015 says:
19.3.1 you can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
19.3.2 if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; and
19.3.3 if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
20 WE CAN CHANGE PRODUCTS/SERVICES AND THESE TERMS
20.1 We can always change a Product and/or Service:
20.1.1 to reflect changes in relevant laws and regulatory requirements;
20.1.2 to make minor technical adjustments and improvements, for example (without limitation) to address a security threat. These are changes that may have no or minimal affect on your use of the Product; and
20.1.3 to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.
21 WE CAN END OUR Agreement WITH YOU
We can end our Agreement with you and claim any compensation due to us (including but not limited to enforcement costs) if:
21.1.1 you don’t make any payment to us when it’s due and you still don’t make payment within 28 days of our reminding you that payment is due; or
21.1.2 you don’t, within a reasonable time of us asking for it, provide us with the information or cooperation that we need to provide the Product and/or Services.
22 we don’t compensate you for all losses caused by us or our products AND SERVICES
22.1 We’re responsible for losses you suffer caused by us breaking this Agreement unless the loss is:
22.1.1 unexpected: it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
22.1.2 caused by a delaying event outside our control: as long as we have taken the steps set out in clause 14;
22.1.3 avoidable: something you could have avoided by taking reasonable action. For example (without limitation), damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided, for example (without limitation) by following our advice by correctly following the installation instructions or having the minimum system requirements advised by us; or
22.1.4 a business loss: it relates to your use of a Product for the purposes of your trade, business, craft or profession.
22.2 Additionally, please note the following:
22.2.1 Depending on the Products and Services you have ordered from us, we provide a tool, and assistance with using that tool, to help you track and manage your expenditure. Where we provide consultancy services, we provide information and advice that you may use to implement in the decision making on your build project but we are not making any decisions about the build project for you. We do not guarantee you will obtain particular results, such as a cost saving on your project, and we are not responsible for losses incurred due to build project decisions you have made.
22.2.2 Build Project Support Service. With our Build Project Support Service, we input your data into the Build Cost Tracker. Similarly with the Tender Process Support Service, we use information and figures you provide us with to create our Scope of Works Document. We will take reasonable care in inputting your data into the Build Cost Tracker or Scope of Works Document however, you must double-check the figures before you rely upon them. Our calculations and documents are only as accurate as the data you provide us with and we cannot be responsible for budgeting errors, or losses incurred, due to you providing us with incorrect or incomplete data.
22.2.3 Tender Process Support Service. With the Tender Process Support Service, we will discuss your build project with you to assess what you are aiming to achieve from the project and assist with the pre-build process such as reviewing quotes. Our advice is provided to help you make your own decisions in relation to the build and our advice is not to be construed as making any decision for you. We do not contact or maintain relationships with any builders nor do we choose any builders for you, therefore we cannot be responsible for your choice of builder or any issues you may encounter with the builders you have chosen (such as the quality or pace of their work, any cost overruns or contractual issues).
Following the consultancy session, we will create a Scope of Works Document based on the information you have provided. The purpose of the Scope of Works Document is to set out items of work you require for your build that may not be covered by technical drawings or plans. You must check the Scope of Works Document carefully before approving it. We do not guarantee that it contains all of the items that you will require or all of the costs you will incur in your build project.
22.2.4 The Scope of Works Document should be provided to the builder in conjunction with any technical drawings (including but not limited to architect plans, building regulations and structural calculations). You must explain to your builder that the technical drawings take priority if they are contradicted by anything in the Scope of Works Document. We will not accept responsibility where there is any contradiction between these documents and the technical drawings have not been prioritised.
22.2.5 Build Project Consultation Service. We provide a 45 minute call which enables you to discuss your build project or idea with our adviser. Whilst we share general advice and knowledge based on the information you provide, we do not make any guarantees as to any particular outcomes.
23 options for resolving disputes with us
23.1 Our complaints policy. Please contact us via our email address at hello@buildbudgetexpert.com and we will do our best to resolve any problems you have with us or our Services.
23.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales you can also bring claims against us in the courts of Wales. We can claim against you in the courts of the country you live in.
24 GENERAL
24.1 We only work with customers based in England or Wales. If you, or your property, is not located in England or Wales then we reserve the right to terminate this Agreement and return to you any money paid (less a reasonable deduction for Products and/or Services which we have already provided).
24.2 Our available consultancy hours are Monday to Friday from 09:00 – 17:00 (excluding public holidays). Bookings are subject to the availability of our advisers.
24.3 We can transfer our Agreement with you, so that a different person or organisation is responsible for supplying your Product. We will tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
24.4 You can only transfer your Agreement with us to someone else if we agree to this.
24.5 Nobody else has any rights under this Agreement. This Agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
24.6 If a court invalidates some of this Agreement, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
24.7 Even if we delay in enforcing this Agreement, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Schedule 1
MODEL CANCELLATION FORM
Explanatory Note
If you are a consumer (an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) and your Agreement with us is made over the phone, by email, or by other distance means, or if we have made our Agreement with you at your home, then you may be entitled, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to cancel your Agreement with us within 14 days without giving any reason. You may refer to our standard terms of business for more information on this right.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, for example (without limitation) a letter sent by post or e-mail. You may use this model cancellation form below, but it is not obligatory.
The cancellation period will expire after 14 days from the day of the conclusion of your Agreement with us.
Complete and return this form only if you wish to withdraw from the contract.
To Build Budget Expert Ltd
07917807779
44b Hackwood Road, Basingstoke, RG21 3AE
I hereby give notice that I cancel my contract for the supply of the following Products and/or Services:
Ordered on:
Name of consumer:
Address of consumer:
Signature of consumer:
Date