Terms and Conditions

BIM MANAGEMENT & CONSULTING 

INTRODUCTION

These terms and conditions (“Terms”) govern access and use of the Building Information Modeling services (the “BIM Services”) provided by Integrated Design Studios Ltd. (“The Company”) to a BIM Customer as a BIM Services’ customer (“BIM Customer”). When BIM Customer accesses or uses the BIM Services, BIM Customer agrees to all these Terms. BIM Customer’s use of the BIM Services is also subject to Integrated Design Studios Ltd’s Privacy Policy (“Privacy Policy”). We, Integrated Design Studios Ltd., ask that the BIM Customer reads these Terms carefully. These Terms apply to the use of the BIM Services by the BIM Customer. If BIM Customer agrees to these Terms on behalf of a company or other entity, BIM Customer warrants and represents that BIM Customer is the employee, agent, or authorized representative of that company or entity and that BIM Customer has the authority to enter into these Terms on behalf of that company or entity. If BIM Customer does not agree to any of these Terms, Integrated Design Studios Ltd. is unwilling to permit BIM Customer to use the BIM Services and requests that BIM Customer immediately stops using or engaging in any activity concerning the BIM Services.  

DEFINITIONS 

To assist BIM Customers in understanding these Terms, please note the definitions hereunder: 

Affiliates: Any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Integrated Design Studios Ltd.

BIM Customer: Any person or employee, or representative of an entity registered with an account with Integrated Design Studios Ltd. for BIM Services. 

BIM Customer’s Employees: Employees of the BIM Customer who will be given access to BIM Services’ analytical tools. 

BIM Services: Access to and use of the BIM Consulting and BIM Audit services of Integrated Design Studios Ltd. 

BIM Model Users: Architects, designers, engineers, consultants, and other users who download BIM Models made available by the BIM Customer. 

Data Protection Laws: The Directive 95/46/EC (as amended), the General Data Protection Regulation (EU) 2016/679 of the European Parliament, and the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free movement of such data and repealing the Directive (the “GDPR”) National Data Protection Laws, and any applicable laws and/or regulations implementing the GDPR. 

Information: A general term that includes reference to Personal Data and non-personal data. 

Personal Data: Information associated with an identified or identifiable natural person and protected as personal data under applicable Data Protection Laws.

Privacy Policy: The Integrated Design Studios Ltd. privacy policy is in place from time to time and governs how users’ data, including Personal Data, is collected and used. 

III. HOW ARE BIM SERVICES PROVIDED? 

BIM Services are provided based on different levels of paid services. The groups of paid services are divided as follows: 

  • 4-Hours Bundle BIM Consulting Services;
  • 10-Hours Bundle BIM Consulting Services;
  • 20-Hours Bundle BIM Consulting Services;
  • Custom Offer BIM Consulting Services.

Hourly Infographic e1664281451957

  1. GENERAL TERMS 
  2. Legal relationship 

1.1 To use the BIM Services, BIM Customers are required to register an account. To do this, BIM Customers must agree to these Terms and the Privacy Policy. As stated above, once BIM Customer agrees and accepts these Terms, BIM Customer is bound by the same and has entered into a contract with Integrated Design Studios Ltd. for the BIM Services. 

1.2 BIM Customer warrants to (i) are 18 or older; (ii) have provided a valid and functional email address that is owned and operated by you; (iii) have provided true, accurate, current, and complete information about yourself as prompted by the Enrollment Application (“Application”)(such information being the “Enrollment Data”) and maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. If the BIM Customer provides any information that is untrue, inaccurate, not current, or incomplete, or if Integrated Design Studios Ltd. has reasonable grounds to suspect that such data is incorrect, inaccurate, not current, or incomplete, Integrated Design Studios Ltd. has the right to suspend or terminate the registration, or BIM Customer’s access to the Service and refuse any current or future use of the Service (or any portion thereof).

1.3 As part of the registration of a BIM Customer account, and occasionally as part of BIM Customer’s continued use of the BIM Services, BIM Customer will be required to provide information about BIM Customer’s company and BIM Customer’s Employees, such as identification or contact details. BIM Customer shall ensure that any consent required by Data Protection Laws regarding the sharing of Information belonging to BIM Customer’s Employees shall be legally obtained. 

1.4 BIM Customer may not use the BIM Services, and BIM Customer may not accept these Terms if BIM Customer is not competent on behalf of BIM Customer’s company to enter into a legal agreement. 

  1. Provision of the BIM Services

2.1 The BIM Services are provided based on hours spent. The more hours you get in the bundle, the less the cost per hour. All bundles are billed weekly. 

2.2 Any unused hours are rolling over to the next week. Every month BIM Customers receive detailed reports for their used and rolled-over hours. The maximum amount of hours to be rolled over is 40 hours. The rolled-over hours are non-refundable. 

2.3 Integrated Design Studios Ltd. offers support on an unlimited number of projects. 

packages 1

Hourly table updated Final

2.4 Integrated Design Studios Ltd. is constantly innovating and refining the BIM Services to provide the best possible experience for its BIM Customers. BIM Customer is aware, acknowledges, and agrees that the form, nature, and content of the BIM Services may change from time to time without the requirement of prior notice to be sent to BIM Customer. 

2.5 The BIM Customer is aware, acknowledges and agrees that if Integrated Design Studios Ltd. disables access to BIM Customer’s account, the BIM Customer will be prevented from accessing the BIM Services, any part of the BIM Services, BIM Customer’s account details, or any files or other content which is contained in the BIM Customer’s account.  

2.6 All the knowledge-based content, videos, and articles provided to the BIM Customer by Integrated Design Studios Ltd. are view-only. 

  1. BIM Customer’s use of the Services 

3.1 BIM Customer agrees that he/she will not reproduce, duplicate, copy, sell, trade, or resell any Integrated Design Studios Ltd. BIM Models and/or content for any purpose. 

  1. Account Integrity 

4.1 BIM Customer is aware, acknowledges, and agrees that BIM Customer is responsible for maintaining the confidentiality of passwords associated with the account BIM Customer uses to access the BIM Services.

4.2 BIM Customer agrees explicitly that he/she will (i) use commercially reasonable efforts to prevent unauthorized access to or use of the BIM Services; (ii) promptly notify Integrated Design Studios Ltd. if the BIM Customer becomes aware of or reasonably suspects any illegal or unauthorized activity or a security breach involving BIM Customer’s account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.

  1. Privacy and BIM Customer’s Personal Data 

5.1 BIM Customer’s access to and use of the BIM Services are also subject to the Privacy Policy. It forms an essential part of these Terms, and by accepting them, BIM Customer agrees to use BIM Customer’s data following the Privacy Policy. It is of the utmost importance that BIM Customer reads the Privacy Policy carefully and ensures that BIM Customer is satisfied with the same before accepting these Terms. IF BIM CUSTOMER DOES NOT AGREE TO OR HAS ANY RESERVATIONS REGARDING THE CONTENT OF THE PRIVACY POLICY, BIM CUSTOMER MUST NOT USE THE INTEGRATED DESIGN STUDIOS LTD. BIM SERVICES.

  1. Content of the Services 

6.1 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. BIM content is provided by Integrated Design Studios Ltd. All information included in the content materials, which Users may have access to as part of, or through BIM Customer’s use of the BIM Services, is the sole responsibility of Integrated Design Studios Ltd. BIM Customer is also aware, acknowledges, and agrees that Integrated Design Studios Ltd. has no obligation, yet reserves the right, to pre-screen, review, flag, filter, modify, refuse or remove any or all BIM Models from the BIM Services. 

6.2 BIM Customer is aware, acknowledges, and agrees that any content presented to BIM Customer as part of the BIM Services, including but not limited to the content materials, is protected by intellectual property rights owned by or licensed to Integrated Design Studios Ltd. and/or Affiliates. 

6.3 BIM Customer may not reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the content referred to under Section 6.2 (either in whole or in part) unless BIM Customer has a specific agreement in writing with Integrated Design Studios Ltd. allowing such actions.  

  1. Proprietary rights 

7.1 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. and/or Affiliates owns all legal right, title, and interest in and to the content materials, including any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that BIM Customer does not acquire any right, title or interest in or to the content materials unless expressly outlined in these Terms. 

7.2 Nothing in these Terms gives BIM Customer a right to use any of Integrated Design Studios Ltd. or Affiliate’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features unless otherwise agreed in writing with Integrated Design Studios Ltd. 

  1. External links 

8.1 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. is not responsible for the availability of any external sites (including any third-party application) content or resources and is not liable for any loss or damage which may be incurred by BIM Customer as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by BIM Customer on the completeness, accuracy or existence of any advertising, products, information or other materials on, or available from, such websites, content or resources.  

  1. Term and termination 

9.1 These Terms enter into force on the date BIM Customer first agrees to them and will continue in force until terminated by either BIM Customer or Integrated Design Studios Ltd. as set out below. Upon termination of these Terms, BIM Customers must cease using BIM Services immediately. 

9.2 If BIM Customer wants to terminate these Terms, BIM Customer may do so by providing notice to Integrated Design Studios Ltd. 

9.3 Integrated Design Studios Ltd. may, at its sole discretion, at any time and for any reason, including a period of account inactivity, terminate these Terms and/or BIM Customer’s use of the BIM Services and/or suspend or terminate BIM Customer’s account. In the event of termination, BIM Customer’s account will be disabled. BIM Customer may not be granted access to BIM Customer’s account or any files or other content contained in BIM Customer’s account. However, residual copies of information may remain in our system. 

9.4 When these Terms come to an end, all of the legal rights, obligations, and liabilities that BIM Customer and/or Integrated Design Studios Ltd. have benefited from, been subject to, or which have accrued over time while these Terms have been in force or which are expressed to continue indefinitely shall be unaffected by this cessation. Section 14 shall continue to apply to such rights, obligations, and liabilities indefinitely.  

  1. Indemnity 

10.1 BIM Customer agrees to hold harmless and indemnify Integrated Design Studios Ltd., its Affiliates, subsidiaries, and each of their respective directors, officers, agents, and employees from and against any third-party claim arising from or in any way related to BIM Customer’s use of the BIM Services, any BIM Models and content materials, violation of these Terms or any other actions connected with BIM Customer’s use of the BIM Services, any BIM Models and content materials, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Integrated Design Studios Ltd. will provide BIM Customer with written notice of such claim, suit, or action. Integrated Design Studios Ltd. shall have the right to participate, at its own expense, in defense of any claim. BIM Customers shall not agree to any claim settlement as set out above without the prior written consent of Integrated Design Studios Ltd.

  1. Exclusions of Warranties 

11.1 Nothing in these Terms, including Sections 11 and 12, shall exclude or limit Integrated Design Studios Ltd.’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in BIM Customer’s jurisdiction will apply to BIM Customer, and our liability will be limited to the maximum extent permitted by Law. 

11.2 BIM Customer is expressly aware, acknowledges, and agrees that BIM Customer’s use of the BIM Services is at BIM Customer’s sole risk and that the BIM Services and all its associated content, including BIM Models, are provided as paid service when agreed upon between Integrated Design Studios Ltd. and BIM Customer.

11.3 In particular, Integrated Design Studios Ltd., its subsidiaries, affiliates, and licensors do not represent or warrant to BIM Customers that: (i) BIM Customer’s use of the Services will meet BIM Customer’s requirements; (ii) BIM Customer’s use of the BIM Services will be uninterrupted timely, secure or free from error; (iii) Any information obtained by BIM Customer as a result of BIM Services will be accurate or reliable; (iv) Defects in the operation or functionality of any software provided to BIM Customer as part of the Services will be corrected; and (v) The quality of any products, services information, or other material purchased or obtained by BIM Customer concerning the BIM Services will meet BIM Customer’s expectations. 

11.4 Any material, including but not limited to any content, downloaded or otherwise obtained through the BIM Services is done at BIM Customer’s discretion and risk. BIM Customer will be solely responsible for any damage to BIM Customer’s computer system or other device or data loss resulting from the download or use of any such material. 

11.5 No advice or information, whether oral or written, obtained by BIM Customer from Integrated Design Studios Ltd. or through or from BIM Services shall create any warranty not expressly stated in these terms.

11.6 Integrated Design Studios Ltd. further disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

11.7 BIM Customer is aware, acknowledges, and agrees that BIM Customer’s sole and exclusive remedy for dissatisfaction about the BIM Services is to cease using the Services. 

11.8 Integrated Design Studios Ltd. does not make any representations or warrants, does not support, and does not accept any responsibility for any third-party applications (or the content thereof).

11.9 Any third-party tool under a subscription that provides the necessary BIM Services by Integrated Design Studios Ltd. must be handed over. The BIM Customer is responsible for paying the subscription fees for those products.

  1. Limitation of Liability 

12.1 Subject to overall provision in paragraph 11.1 above, BIM Customer is expressly aware, acknowledges and agrees that Integrated Design Studios Ltd., its subsidiaries and affiliates, and its licensors shall not be liable to BIM Customers for: (a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by BIM Customer, however, caused and under any theory of liability, including but not limited to any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; resulting from; (b) The use or the inability to use the BIM Services, including any content; (i) Any defect or inaccuracy in the BIM Services or its associated content, including but not limited to any content, regardless of the origin of such defect or inaccuracy; (ii) Unauthorized access to or alteration of BIM Customer’s transmissions or data; (iii) Statements or conduct of any third party on the services; (iv) Any other matter relating to the BIM Services and/or its associated content, including but not limited to the content materials; or (v) any of the above relating to third party applications (or the content thereof); or (c Any loss or damage which may be incurred by BIM Customer, including but not limited to loss or damage as a result of: (d) Any reliance placed by BIM Customer on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between BIM Customer and any manufacturer; (i) The termination of these Terms and/or BIM Customer’s use of the BIM Services or the suspension or termination of BIM Customer’s account; (ii) The deletion of, corruption of, or failure to store any content and other communication data maintained or transmitted by or through BIM Customer’s use of the BIM Services; (iv) BIM Customer’s failure to keep BIM Customer’s password or account details secure and confidential; or (v) Any of the above relating to third party applications (or the content thereof).

  1. Changes to the Terms 

13.1 Integrated Design Studios Ltd. may change these Terms from time to time. Any changes to these Terms will be notified to BIM Customer in writing at the time of change. BIM Customer is aware, acknowledges, and agrees that BIM Customer’s continued use of the BIM Services after the date these Terms have changed as set out above will constitute BIM Customer’s acceptance of the changed Terms.

  1. General provisions 

14.1 BIM Customer is aware, acknowledges, and agrees that these Terms constitute the entire agreement and understanding between BIM Customer and Integrated Design Studios Ltd. relating to the subject matter hereof and supersedes all written or oral commitments, undertakings, and agreements that have preceded these Terms. 

14.2 BIM Customer is aware, acknowledges, and agrees that any amendment, change, or modification of these Terms, other than as stated above, may only be made by a written agreement between the parties. 

14.3 BIM Customer is aware, acknowledges, and agrees that in no event shall any delay, failure, or omission of a party in enforcing, exercising, or pursuing any right, claim or remedy under this agreement be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing. 

14.4 If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these Terms (or the application thereof) shall be declared or deemed void, invalid, or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible to affect the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect. 

14.5 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. may provide BIM Customer with notices, including changes to these Terms, by email, regular mail, or postings. English shall be the governing language in BIM Customer’s relationship with Integrated Design Studios Ltd.

14.6 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. shall be entitled to enforce directly, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these Terms, there shall be no other third-party beneficiaries to these Terms.

    1. Fees and Payment.

    15.1 Fees. 

    BIM Customers will pay all fees specified in BIM Service Plans when the BIM Service Plan is executed. Suppose the applicable BIM Service Plan provides an estimate of incidental expenses. In that case, Integrated Design Studios Ltd. will not exceed the estimate without the written consent of the BIM Customer.

    15.2 Invoicing and Payment. 

    Charges will be invoiced in advance unless stated in the applicable BIM Service Plan. BIM Customer is responsible for providing complete and accurate billing and contact information to Integrated Design Studios Ltd. and notifying Integrated Design Studios Ltd. of any changes to such information.

    15.3 Refunds

    All services are final and non-refundable. Integrated Design Studios Ltd. does not offer any money-back guarantees. BIM Customers recognize and agree that they shall not be entitled to a refund for any purchase under any circumstances.

    15.4 Cashback

    Upon purchase of 10-hour or 20-hour packages, BIM Customers are entitled to a cashback percentage of the licenses’ purchase price, purchased through Integrated Design Studios Ltd. The rate is as follows: 2.5% Cashback for the 10-hour package and 5% cashback for the 20-hour package. The cashback is not a refund of the purchase price, it is a discount credit that can be used for any of the products or subscriptions provided by Integrated Design Studios Ltd. 

  1. Governing law and jurisdiction 

16.1 BIM Customer is aware, acknowledges, and agrees that Integrated Design Studios Ltd. shall always be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and through any court of competent jurisdiction.  

BY ACCEPTING THE TERMS, BIM CUSTOMER CONFIRMS THAT: BIM CUSTOMER HAS CAREFULLY READ THROUGH, HAS UNDERSTOOD, AND ACCEPTS TO BE BOUND BY ALL PARTS OF THESE TERMS, INCLUDING THE PRIVACY POLICY (AND ALL OF THE TERMS THEREIN REGARDING THE PROCESSING OF BIM CUSTOMER’S INFORMATION INCLUDING BIM CUSTOMER’S DATA).