THESE TERMS AND CONDITIONS APPLY TO THE USE OF
THIS WEBSITE AT www.DesignBuilder.co.uk. BY ACCESSING THIS WEBSITE AND/OR
PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING
THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT
YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS WEBSITE.
The www.DesignBuilder.co.uk website is operated by:
DesignBuilder Software Ltd, a company registered in England
and Wales, whose registered office is at 1st Floor, Clarendon Court, 54-56 London Road,
Stroud, Gloucestershire, United Kingdom, GL5 2AD.
Our company registration
number is 04514127
Our VAT registration number is GB 736 5303 38
Our contact details are as follows:
DesignBuilder Software Ltd,
1st Floor 54/56 London Road,
+44 1453 750507+44 1453 750507
1.1 You will be
able to access most areas of this Website without registering your details with
us. Certain areas of this Website are only open to you if you register.
1.2 We may revise
these terms and conditions at any time by updating this posting. You should
check this Website from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions of these terms
and conditions may be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish to accept any
new terms and conditions after we have given notice, you should not continue to
use this Website.
2.1 You are
deemed to place an order with us by ordering via our online checkout process.
As part of our checkout process you will be given the opportunity to check your
order and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
acceptance of an order takes place when we despatch the order. We will send you
a despatch confirmation by email. When we despatch the order the purchase
contract will be made even if your payment has been processed immediately,
unless we have notified you that we do not accept your order or you have
cancelled your order.
2.3 We accept
online credit / debit card payment via Sage Pay. We also accept
offline payment via GBP cheque, direct money transfer or BACS in accordance
with details we provide on request. For offline payment we will
despatch the order only when funds are cleared in our bank account.
2.4 We may refuse
to accept an order:
(a) where goods
are not available;
(b) where we
cannot obtain authorisation for your payment;
(c) if there has
been a pricing or product description error; or
(d) if you do
not meet any eligibility criteria set out in our terms and conditions.
COURSES ,EXAMINATIONS AND CANCELLATION POLICY
2.1 When a customer books a course or
examination with DesignBuilder Software the customers' invoices or receipts,
resulting from an online, e-mail or postal booking are deemed to form a
contract between DesignBuilder Software and the addressee company or
2.2 Cancellations received in
writing four weeks before the date of the event will be subject to a 15%
administration fee. After this time no refunds will be made and unpaid invoices
must be honoured. However, places are transferable and colleagues are welcomed
in replacement, subject to full details of the replacement candidate being
supplied in time. DesignBuilder Software reserves the right to cancel courses
and examinations without further liability, at which time fees will be refunded
in full. We require minimum numbers of delegates to run training and if the minimum number is not reached the course may be re-scheduled no later than one week beforehand. Please consider this when booking your travel and accommodation. The provisions of this clause 2.2 do not affect your statutory rights.
2.3 As part of the contract created under 2.1,
DesignBuilder Software undertakes to provide the candidate with a lic file at
the time of training.Before the course,
customers should download the 30 day free trial to practice. When accepting these terms and conditions the candidate undertakes to
download the software from the web site and install it on their laptop, check
that it runs satisfactorily and to bring the laptop with the software to the
training course. The minimum specification we advise for your laptop is
available on www.designbuilder.co.uk/hardware
2.5 We accept online credit / debit card payment via
SagePay. We also accept offline payment via GBP cheque, direct money transfer
or BACS in accordance with details provided on our Payment
Methods page at www.designbuilder.co.uk/payments
2.6 We may refuse to accept an order:
(a) where courses or examinations are
not available or there are no vacancies on the courses or examinations chosen
by the candidate
(b) where we cannot obtain
authorisation for your payment.
2.7 Where there is a default on payment of fees for a
candidate, whether this default arises from a failure by the candidate or other
parties funding the candidate, that candidate will not be issued with a
certificate of competence by DesignBuilder Software until payment is made.
DesignBuilder Software will inform the candidate of the failure and specify a
date by which payment must be made. After that date the contract with the
candidate will be void and DesignBuilder Software will inform the Accredited
Scheme through which the candidate plans to lodge Energy Performance
Certificates and cancel the license key issued to the candidate.
3.1 All prices
are shown exclusive of VAT, but we show VAT separately and include it in the
total price where applicable. EU (except UK) business purchases where a valid
VAT number is provided and purchases from outside the EU are not charged VAT.
All other purchases have VAT added at the current rate. This is in accordance
with current UK VAT Law on electronically supplied goods and
3.2 Where we
charge separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing structure
shown elsewhere on this Website. There is no separate charge for electronically
3.3 Our prices
are reviewed periodically. We reserve the right to alter or substitute items,
and change prices of these items without warning.
CANCELLATION AND RETURNS POLICY
4.1 You may
download and try our software products free for 30 days. You should use
period to determine that the software is fit for use. After that period
any DesignBuilder Software products are defined by the License
Agreement provided with the product.
4.2 If you wish
to cancel your order:
(a) you can
notify us by email to
before we have dispatched the
goods to you; or
(b) where goods
have already been dispatched to you, by returning goods to us in accordance
with clause 4.3 below.
4.3 You can
return goods you have ordered from us for any reason at any time within 14 days
of receipt for a full refund or exchange. The costs of returning goods to us
shall be borne by you.
4.4 Upon receipt
of the goods we will give you a full refund of the amount paid or an exchange
credit as required.
4.5 The rights to
return the goods to us as referred to in clause 4.3 will not apply in the
following circumstances: -
event that the product has been used
in the case
of software, audio or visual products, where the packaging has been unsealed
The provisions of this clause 4.5 do not affect your
4.6 Cancellation terms for training courses and exams are covered in 2.5.2
5.1 You are
permitted to print and download extracts from this Website for your own use on
the following basis:
(a) no documents
or related graphics on this Website are modified in any way;
(b) no graphics
on this Website are used separately from accompanying text; and
(c) any of our
copyright and trade mark notices and this permission notice appear in all
otherwise stated, the copyright and other intellectual property rights in all
material on this Website (including without limitation photographs and
graphical images) are owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website other than in
accordance with clause 5.1 above for any purpose is prohibited. If you breach
any of the terms in these terms and conditions, your permission to use this
Website automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.
5.3 Subject to
clause 5.1, no part of this Website may be reproduced or stored in any other website
or included in any public or private electronic retrieval system or service
without our prior written permission.
5.4 Any rights
not expressly granted in these terms are reserved.
6.1 While we
endeavour to ensure that this Website is normally available 24 hours a day, we
will not be liable if for any reason this Website is unavailable at any time or
for any period.
6.2 Access to
this Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than
any material you transmit or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial purposes.
7.2 You are
prohibited from posting or transmitting to or from this Website any material:
(a) that is
threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience;
(b) for which
you have not obtained all necessary licences and/or approvals;
constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other country in the
(d) which is
technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
7.3 You may not
misuse the Website (including, without limitation, by hacking).
7.4 We will fully
co-operate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or locate anyone posting any material in
breach of clauses 7.2 or 7.3.
8. LINKS TO AND
FROM OTHER WEBSITES
8.1 Links to
third party websites on this Website are provided solely for your convenience.
If you use these links, you leave this Website. We have not reviewed all of
these third party websites and do not control and are not responsible for these
websites or their content or availability. We therefore do not endorse or make
any representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would
like to link to this Website, you may only do so on the basis that you link to,
but do not replicate, the home page of this Website, and subject to the
(a) you do not
remove, distort or otherwise alter the size or appearance of the DesignBuilder
Software Ltd logo;
(b) you do not
create a frame or any other browser or border environment around this Website;
(c) you do not
in any way imply that we are endorsing any products or services other than our
(d) you do not
misrepresent your relationship with us
nor present any other false information about us;
(e) you do not
otherwise use any DesignBuilder Software Ltd trade marks displayed on this Website
without our express written permission;
(f) you do not
link from a website that is not owned by you; and
(g) your website
does not contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any other person
or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted
in this clause 8.2 for breach of these terms and to take any action we deem
8.3 You shall
fully indemnify us for any loss or damage we or any of our group companies may
suffer or incur as a result of your breach of clause 8.2.
is required for you to access product downloads, support services
and track license key status information.
registration is for a single user only. We do not permit you to share your user
name and password with any other person nor with multiple users on a network.
for the security of any passwords issued rests with you and if you know or
suspect that someone else knows your password, you should contact us
9.4 We may
suspend or cancel your registration immediately at our reasonable discretion or
if you breach any of your obligations under these terms and conditions.
10.1 While we
endeavour to ensure that the information on this Website is correct, we do not
warrant the accuracy and completeness of the material on this Website. We may
make changes to the material on this Website, or to the products and prices
described in it, at any time without notice. The material on this Website may
be out of date, and we make no commitment to update such material.
10.2 The material
on this Website is provided “as is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, we
provide you with this Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation, the
conditions implied by law of satisfactory quality, fitness for purpose and the
use of reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
11.1 We, any other
party (whether or not involved in creating, producing, maintaining or
delivering this Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages arising from
or connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in connection
with this Website in any way or in connection with the use, inability to use or
the results of use of this Website, any websites linked to this Website or the
material on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
11.2 Nothing in
these terms and conditions shall exclude or limit our liability for (i) death
or personal injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a
fundamental matter; or (iv) any liability which cannot be excluded or limited
under applicable law.
11.3 If your use of
material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to
indemnify us fully, defend and hold us, and our officers, directors, employees
and agents, harmless from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any breach of the terms
and conditions by you, or your use of this Website, or the use by any other
person using your registration details.
LAW AND JURISDICTION
12.1 These terms
and conditions shall be governed by and construed in accordance with English
law. Disputes arising in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant
that materials/items for sale on the Website are appropriate or available for
use outside the United Kingdom. It is prohibited to access the Website from
territories where its contents are illegal or unlawful. If you access this
Website from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
13.1 You may not
assign, sub-license or otherwise transfer any of your rights under these terms
13.2 If any
provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect
the validity of the remaining provisions which shall continue to have full
force and effect.
13.3 Only the
parties to these terms and conditions may seek to enforce them under the
Contracts (Rights of Third Parties) Act 1999.
DesignBuilder Software Ltd, Website Terms and Conditions - Last updated: 25-Feb-2009