TERMS OF SERVICE (ToS)
READ THESE TERMS CAREFULLY BEFORE SUBMITTING YOUR QUESTION OR REQUEST OR USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THESE SERVICES. YOUR USE OF ANY OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT AND THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
CHAPTER I: GENERAL TERMS
I.1. In these Terms of Service agreement (ToS): “Architecto-go Venezuela”, “Architecto-go”, “ATG” and “us” are referred to ArchitecTo-Go Venezuela, C.A. which is an official corporation with its home office located at Caracas and legally established under the laws of the Republica Bolivariana de Venezuela.
I.2. ArchitecTo-Go is an ON LINE Architecture and Urban Design consulting firm that supplies advice, design opinions, design concepts and also offers solutions to problems associated with the built environment. ArchitecTo-Go offers unique services with fixed fee arrangements. ArchitecTo-Go gives technical, practical and artistic solutions to make the surrounding environment a better place. ArchitecTo-Go gives advice on any individual space or building or community area about its organization, renovation, selection of appropriate materials, or any other issue regarding a built environment.
I.3. Ideas suggested by ArchitecTo-Go can be developed as building plans by licensed professionals. If clients wish to build ideas sent by ArchitecTo-Go, they must comply with local regulations in order to obtain the appropriate building permit.
I.4. ArchitecTo-Go provides services through a platform of associated professionals who are legally licensed and prepared to attend any request. Clients are discouraged to establish direct communication with the ArchitecTo-Go associated professional architects or engineers. All communications shall be done through the ArchitecTo-Go system and are regulated by this ToS.
I.5. ArchitecTo-Go accepts questions and work orders through its web site and confirms acceptance, verifies the question or work order, and responds via email. Other forms of communication may also be used where appropriate. Payment for services is explained in section I-12. and I.13. of this ToS.
I.6. ArchitecTo-Go will send an E-mail verifying client’s address and personal data. The acceptance of this message confirms client has received this information. Unless there is evidence of electronic fraud and or misuse of client’s Internet account, any message sent by and to ArchitecTo-Go is proof enough of communication, copyright and content.
I.7. Clients must select the type of service among the fixed fee arrangements at the web site, proceed to fill in the personal or corporate data and send the information via E-mail. ArchitecTo-Go will issue and send back a work order for confirmation. This work order has a special and unique ID number. An invoice for professional services can be sent electronically to clients at their request.
I.8. Clients are part of the design process when they define what they want to obtain and when they complete data on the Work Order. In this sense, client agrees to describe the request as complete and detailed as possible.
I.9. ArchitecTo-Go delivers personalized advice. ArchitecTo-Go endeavors to deliver true, accurate, current and complete information and will make its best efforts to satisfy requests. Client agrees that ArchitecTo-Go is not responsible for misunderstandings, confusions or contradictory instructions.
I.10. Clients must send mail to email@example.com if they wish to expand or modify details to an existing Work Order. Work Orders must be identified with its own number. Clients can modify data during the 5 next days after confirmation of the work order at no additional costs. ArchitecTo-Go reserves the right to postpone the date of delivery if the original information is modified after the immediate 5 days after confirmation of the work order. If changes completely modify or imply more than one job, ArchitecTo-Go will ask the client to choose between questions asked or choose to pay additional costs.
I.11. Commercial courier can deliver printed copies and e-mailed documents. Printing and postage costs are not included in our site prices or budgets.
I.12. Fees for fixed-fee arrangements shall be paid exclusively in US Dollars, via credit card through PayPal or by direct bank deposit in the accounts indicated by ArchitecTo-Go. Fees paid to ArchitecTo-Go will not be reimbursed. Should the bank deny approval of client’s credit card or deposit, this contract will be void and will carry no further responsibility. ArchitecTo-Go will notify client of this matter and client hereby agrees not to formulate any claim or expect any indemnification in connection to offered services.
Electronic transactions are protected by security systems provided by banks affiliated to world electronic payment systems. All data is kept strictly confidential and will only be used to pay ArchitecTo-Go fees.
ArchitecTo-Go is covered by standard Internet security measures, which protect loss or misuse of information. ArchitecTo-Go is committed to protecting the privacy of your personal information. This statement applies with respect to the information that ArchitecTo-Go collects from this web site or via email.
I.13. All payments in accordance with services provided by ArchitecTo-Go, shall be made including the amounts of taxes applicable, including but not limited to value-added tax (VAT) to be added to the amount invoiced, and applying the withholdings or deductions provided for in the regulations. The Client shall pay promptly any taxes withheld and delivered promptly to TPA the corresponding retention or withholding receipts. Additionally, the Client shall indemnify TPA and hold harmless for all requirement from the tax authority derived from the absence of retention or filing or late implementation.
I.14. Our invoices will be sent digitally. Commercial couriers can deliver invoices at client costs at the address provided by Client.
I.15. Services will begin as soon as payment has been made. It is ArchitecTo-Go privilege to start any work order without receiving initial or full payment. In this case, ArchitecTo-Go will issue the respective invoice. This invoice is due and payable upon receipt. In the event that our invoices are not paid in full when due, we reserve the rights to assert all our legal and equitable rights with respect to such lack or late payment including, where applicable, the common-law retaining lien against all papers and files of the Client, as well as to the payment of costs in the event of litigation, and/or to limit the work, in each case consistent with our professional and ethical obligations.
I.16. If payment has been approved and deposited and the request exceeds the scope of ArchitecTo-Go services, payment will be reversed and client will be immediately notified. Client hereby agrees not to formulate any claim or expect any compensation in connection to this.
I.17. ArchitecTo-Go guarantees confidentiality of data and truthfulness of information sent to client as a result of a work order.
1 I.18. All delivered work, including but not limited to, responses, work orders, drawings, pictures, or renditions, is the exclusive property of ArchitecTo-Go and is protected by United States and international copyright laws. Client agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the delivered work for anything but personal use, without the express written consent of ArchitecTo-Go. Client agrees to supply this information to any professional that endeavors to complete the idea and/or construction plans. Client expressly consent to recognize ArchitecTo-Go as the sole owner of intellectual property of ideas supplied to client as a result of services rendered by ArchitecTo-Go. If Client do not inform a third party of these rights, Client will be held responsible should a problem arise regarding intellectual property rights upon those ideas or suggestions made to client by ArchitecTo-Go. Client expressly agrees on this matter for all legal purposes.
I.19. These ToS can only be modified by mutual consent and in writing between ArchitecTo-Go and Client. It should clearly be stated that this consent is a modification of these ToS.
CHAPTER II: DESCRIPTION OF SERVICES.
ArchitecTo-Go offers four types of consultation with fixed fee arrangements. All prices are in U.S. Dollars.
II.1. Fixed Fee Arrangements
II.1.1 ANSWERS TO-GO provides straightforward solutions regarding the built environment. Answers include drawings or photographs that guide clients on their inquiry. Clients who want a more detailed solution must select the option “Designed to Fit”.
Professional Fees for ANSWERS TO-GO: US $ 30
II.1.2 Designed to Fit is an Architectural Concept, a scaled drawing adjusted to client’s requisites. Designs provide real answers for a determined area. All ideas can be further developed into construction plans. Delivered documents contain written indications and scaled drawings or pictures that answer your demands. All documents are submitted by an ArchitecTo-Go associated licensed professional.
Professional Fees for Designed to Fit
|ONE SPACE||BUILDING AREA||URBAN SPACE|
|US$ 200||US$ 300||US$ 350|
II.1.3 Virtual Dr. CASA is a personal service that includes: 1) Direct contact with a professional using intelligent phones or computers to visit the site. 2) A written technical report diagnosing the problem. 3) A design proposal or solution to the problem or inquiry.
Professional Fees for Dr.CASA
|ONE SPACE||BUILDING AREA||URBAN SPACE|
|US$ 250||US$ 350||US$ 450|
II.1.4 Drawings To-Go is a service that provides transcriptions of any construction plan or drawing. These duplicates are rendered in black & white or color and sent to customers through Internet in PDF format. Each 8.5″ x 11″ drawing is based upon an original plan or drawing sent by customers to ArchitecTo-Go by e-mail. No design service is involved.
Fees for Drawings To-Go: US.$ 50 per page.
II.1.5 Hourly fees: US$100/ hour plus expenses.
II.2. Customers requesting fixed fee arrangements must pay for services following indications on the web site. Fees are not reimbursed except for those particular conditions specified in these Terms of Service.
II.3. ArchitecTo-Go will deliver work to the specified e-mail address, within ten days after receiving confirmation of the work order. These 10 days will start counting upon the confirmation of the Work Order or upon the changes of the accepted work order. See clause II.6 for Virtual Dr. Casa schedules. Every response will be based upon the information provided by the client. ArchitecTo-Go may require specific documents to clarify the question or work order, or to properly locate the given space. ArchitecTo-Go will notify client within five days of the submission of the request if additional documents are required to clarify the question or request or to properly locate the given space. If client decides not to deliver such documents, ArchitecTo-Go will base its response only on the information provided. ArchitecTo-Go will send the appropriate answer within ten days of receiving the request or upon receiving any additional documents or information ArchitecTo-Go deems necessary.
ArchitecTo-Go reserves the right to postpone the date of delivery if the original information is modified or there has been a delay in submitting the requested information.
II.4. ArchitecTo-Go will identify each work order with a specific number. This information will be mailed to each customer when first contacted. All communications will be identified with this number.
II.5. Payments made by requested services are non-refundable. If the client changes or modifies its original request and ordered work is under way, the job will be finished and delivered to client and there will be no grounds for compensation.
II.6. Time of delivery of finished Virtual Dr. Casa’s work will be agreed between Client and ArchitecTo-Go because it will depend on the complexity of the consultation.
II.7. Fees for personal appointments are $100/hour plus travel expenses. Approval for these charges will be requested before the appointment takes place.
II.8. ArchitecTo-Go is not responsible for building any part of the ideas submitted to customers. Limits of responsibilities are specified in chapter III of this ToS.
CHAPTER III: RESPONSIBILITIES
III.1. Services offered in the Fixed Fee Arrangements are limited to the proposal of ideas. ArchitecTo-Go is responsible for the technical quality of proposals provided by a distinct associated professional. However, ArchitecTo-Go is not responsible for changes caused by technical specifications established under different legislations, or for damages caused by variations on the original ideas modified by unauthorized professionals or for damages caused to third parties as a result of rendered services.
III.2. ArchitecTo-Go is not responsible for damages on the construction site where ideas or proposals are located, nor consequential damages caused by building our ideas without legal permits.
III.3. Customers are responsible for the proper use of sent proposals and in this sense client sets ArchitecTo-Go free of responsibility should any inconvenience arise in the use or execution of the proposed ideas.
III.4. ArchitecTo-Go is not responsible and waives all legal guarantees associated to the development of proposed designs.
III.5. ArchitecTo-Go is not responsible and waives all legal guarantees associated to the use of ideas, proposals or building plans in a manner or location other than that originally stated by the customer in his work order.
III.6. If clients decide to build ideas sent by ArchitecTo-Go, they must comply with specific local regulations regarding technical issues, health issues, security issues or regulations of any other nature. ArchitecTo-Go is not responsible for sanctions of any sort nor for patrimonial consequences these sanctions may cause.
III.7. Delivery of work can be postponed in those cases where special conditions exist and in those cases where unsuspected conditions arise. A new schedule will be agreed between client and ArchitecTo-Go without prejudice and client will have no grounds for compensation.
CHAPTER IV: MISCELLANEOUS
IV.1. ArchitecTo-Go provides this web site and the services described herein on an “as is” and “as available” basis. ArchitecTo-Go makes no representations or warranties of any kind, expressed or implied, as to the operation of this web site or the information, content, materials, or services included in this site. You expressly agree that your use of this site and the services described herein are at your sole risk.
IV.2. To the fullest extent permissible under applicable law, ArchitecTo-Go disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ArchitecTo-Go does not Guarantee that this site, the servers it uses, or email sent from ArchitecTo-Go are free of viruses or any other harmful components. ArchitecTo-Go will not be liable for any damages of any kind arising from the use of this web site, for third party interference or for use or alteration of the response or work product provided by ArchitecTo-Go, including, but not limited to, direct, indirect, incidental, special, punitive, exemplary and consequential damages.
IV.3. ArchitecTo-Go is committed to protecting the privacy of personal information. This statement applies with respect to the information that ArchitecTo-Go collects from this web site or via email. ArchitecTo-Go uses the information provided only for the purpose for which such information was provided. Personal data may also be used to contact client when necessary. Users may opt-out of receiving future mailings from ArchitecTo-Go and other entities by following the instructions set forth in the opt-out section at the bottom of each message. Client also may opt-out of receiving communications from ArchitecTo-Go by sending an e-mail to firstname.lastname@example.org Non-personal demographic and profile data may be used by ArchitecTo-Go for collection of private statistics. These statistics will be used for renewals of the ArchitecTo-Go web site.
IV.5. ArchitecTo-Go uses your IP Address to help diagnose problems with the server ArchitecTo-Go uses, and to administer its web site.
IV.6. All content on these web pages including, but not limited to, text, graphics, logos, button icons, images, audio, clips, digital downloads, data compilations and any software, is the property of ArchitecTo-Go Llc. and ArchitecTo-Go Venezuela C.A. and is protected by United States and international copyright laws.
IV.7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the delivered work for anything but personal use, without the express written consent of ArchitecTo-Go.
IV.8. “ArchitecTo-Go”, “ArquitecTo-Go”, “ArchitecTo-Go.com”, “ArquitecTo-Go.com” and other marks so indicated on these web pages are registered trademarks of ArchitecTo-Go Venezuela c.a., ArchitecTo-Go, llc. or its subsidiaries, in the United States and other countries.
IV.9. Professional fees at the web site do not include taxes. Local taxes will be added at your payment form. Should you require the original receipt for services rendered by ArchitecTo-Go, you may send a request to email@example.com and we will issue a legal printable document. Clients who wish the physical invoice will be responsible for its courier costs.
IV.10. This Terms of Services Agreement overrides any other condition contained at the web site.
IV.11. This TOS shall be governed by and construed in accordance with the laws of Venezuela, without regard to conflicts of laws provisions. Any action or proceeding arising out of or related to this TOS will be subject to the Venezuelan courts, and no claim of inconvenient forum shall be made with respect to any such litigation in such a forum.
IV.12. ArchitecTo-Go Venezuela, C.A., is a commercial company based in Caracas, legally registered at Registro Mercantil Cuarto de la Circunscripción Judicial, Distrito Federal, Estado Miranda, Venezuela under No 39, Book 73-A, on November 8†h, 2000.
Any waiver of this ToS shall only be effective if it is in writing and signed by both parties hereto. Any cause of action client may have with respect to the services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this ToS, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this ToS, and the remainder of this TOS shall continue in full force and effect. You may not assign this ToS or your rights or obligations hereunder without the prior written consent of ArchitecTo-Go.
Should you have any questions about this ToS, the practices of this site, or your dealings with this web site, you can contact ArchitecTo-Go at firstname.lastname@example.org