Terms & Conditions
CGi Builder | Terms & Conditions of Business and Website Terms
January 2023
PLEASE READ THESE TERMS AND ENSURE THEY ARE FULLY UNDERSTOOD BEFORE USING OUR WEBSITE OR PLACING AN ORDER.
By purchasing from and using our website you are confirming you have read and accepted these Terms and Conditions, and you agree to comply and be bound by all terms. Should you not agree with any of our terms do not purchase CGI from us or use our website.
1.0 Overview
These terms, as well as any other policies noted within establish:
a. The legally binding agreement between you and CGi Builder when placing an order through our website or commissioning our services.
b. The requirements and conditions for using our website
As part of our payment process you (the customer) will be asked to confirm that you have read and accepted these terms to complete the processing of every order.
2.0 Company and Contact Details
CGi Builder a Partnership established in the United Kingdom. VAT no. 335596964
Address: CGi Builder, Suite LP55827, 20-22 Wenlock Road, London N1 7GU
Telephone: 020 8261 7244
Email: Contact >>
3.0 Definitions
“ Us ” CGi Builder
“ Customer ” or ” You ” an individual or company representative acting on behalf of a business commissioning the services and purchasing a CGI through our web platform/website (our site) of CGi Builder
“ Consumer “ an individual purchasing services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
“ CGI ” is a widely recognised acronym for Computer Generated Image. This is an artist impression created using digital technology and computer processing. A CGI is supplied in digital format.
“ Project ” the steps required to produce your CGI
“ Website ” or “ Web Platform ” or “Web Application “ or “ Web App” our website cgibuilder.com
“ Process ” is the production process of using supplied design information and Customer component and material selections through our website to create a CGI
“ Project Reference ” this is the unique reference assigned to your Project upon completion and payment at Step 1 of our process
“ Order Reference ” this is a unique order reference generated when any order is processed
“ Customer Area ” a private area of our website for individual Customer access only. The Customer Area contains project information, payment records and allows the Customer to select views, components and materials for Step 2 of our process. Final CGI are downloaded from the Customer Area.
“ Customer Area Log In Details ” user name and password used to access Customer Area
“ Camera Views ” Views of your construction project computer generated by our visualisation software
“ Materials ” or “ Building Materials ” term used to cover items used for construction purposes such as bricks, timber cladding, roof tiles, etc.
“ Components ” or “ Building Components ” term used to cover a constituent part of a building manufactured as an independent unit such as windows, doors, guttering, etc.
“ Design Information ” can include plans/sections/elevations of your project and any architectural drawings
“ Library ” refers to our collection of computer generated materials and components
“ working days ” our working hours are Monday – Friday 9am – 5pm (closed on UK national holidays)
” writing ” or ” written ” this includes emails and any electronic messages displayed through the customer area of our website.
“ waiting period “ an amount of time after an order is placed before production work will commence on that order (to allow amendments or cancellation).
4.0 Construction Project Location
a. We currently only create Computer Generated Images of properties located in the UK
b. We can accept an order from overseas but the location of the project must be in the UK
5.0. Computer Generated Images produced by CGi Builder
a. Although our CGI are based on supplied drawing information they are to be viewed as an artistic representation of how a construction project could look when built. No investment decisions, commitment to build or buy, or any other decision should be made based on the CGI by us and neither can CGi Builder accept any liability or responsibility for any decision whether personal or commercial based on a CGI produced by CGi Builder.
b. As part of the process in producing a CGI our team will make artistic decisions including but not restricted to the best camera views for your CGI, soft landscaping, surrounding environment.
c. Surrounding buildings will be shown as ‘white massing models’ to give context of the surrounding built environment.
CGi Builder utilises the latest in visualisation software and our team of artists are experienced professionals in the field. The surrounding environment to the project, (soft landscaping, hard landscaping, sky, etc.) is created to the direction of our team. No opportunity to amend the surrounding environment is offered by CGi Builder, the customer accepts this to the artistic direction of our artists. All work will be produced to the standard of our example gallery of projects on our website.
Representation of building materials, (bricks, roof tiles, cladding, etc.) is produced within the restrictions of software capabilities and to the art direction of our team. The customer accepts that perception of materials is subjective and will vary on the device/medium the final CGI is viewed on (computer screen, mobile phone screen, tablet screen, printer, etc.). All work will be produced to the standard of the example gallery of projects on our website.
6.0 Pricing & Image Sizes
a. Our current prices for CGI, optional extras and image sizes are set-out here
b. CGI sizes
Standard
Resolution: 2800 x 2000 pixels (higher resolution than Full HD – medium file size)
Will print up to 237 x 169mm (within A4) at 300dpi (standard print resolution)
Large
Resolution: 4200 x 3000 pixels (large file size)
Will print up to 356 x 254mm (within A3) at 300 dpi (standard print resolution)
Max
Resolution: 7000 x 5,000 pixels (extremely large file size)
Will print up to 593 x 423mm (within A2) at 300 dpi (standard print resolution)
All CGi include social share versions (available in the Customer Area > CGi Download), please tag us @cgibuilder in any social shares and we will endeavour to re-share your post
c. We reserve the right to change our prices at anytime.
d. We will pass on changes in the rate of VAT
7.0 Our Process & Payment Stages
Our CGI production process is split into three steps
a. Step1 – Information Supply
When you start a new project through our website you are taken through Step 1 where you asked questions about your construction project, project location and can upload your design information.
Step 1 is complete once customer payment (via credit card) has been processed through our website.
On completion of Step 1 order you will receive two emails from us:
Email 1: Login details for your access to your customer area
Email 2: Confirmation of your order and acknowledgement of receipt of payment, at this point a contract will come into existence between you and CGi Builder.
Once Step 1 is completed we are committed to complete Step 2 of our process (if ordered) and provide a standard size CGI. A VAT receipt will also be made available in your Customer Area
Timescale following Step 1 completion
We aim to complete our initial work on your project and notify you to proceed to Step 2 within 6-7 working days of order. If for any reason we are unable to achieve this we will notify you by email.
After initial work on your project has been completed you will receive an email to go to your Customer Area and proceed to Step 2.
The customer is not contracted to proceed to Step 2 of our process but if they choose not to proceed any further with our production process, past payment stage 1 they will not receive a CGI
If Step 2 is not completed within 2 weeks of notification then the project will be considered abandoned although the Customer may still return to their customer area at any time within 6 months to complete Step 2. We reserve the right to complete any Projects not taken to Step 2 as we see fit for our own portfolio and promotion.
Any projects that have not progressed to Step 2 within 6 months of notification will be considered abandoned and the project deleted from the Customer Area and from our servers.
b. Step 2 – Camera View, Image Sizes, Components and Material selection
From your Customer Area you will be able to select from a range of camera views created by our artists for your CGI and components and materials from our library. You will have the opportunity to provide details of any specific (non-library) components or materials you require (current prices <click here>) as well as select additional views or different image sizes required.
Step 2 is complete once customer payment (via credit card) has been processed through our website.
Camera Views are set up by us, if there is a specific viewpoint required this should be marked on plan with height of camera and lens information.
Upon payment you will receive an email confirmation of your order and acknowledgement of receipt of payment. A VAT receipt will also be made available on your Customer Area.
Timescale following Step 2 completion
We aim to complete work and provide for download (from your Customer Area)
Standard sized images within 3-4 working days of order.
Large sized images within 3-4 working days of order.
Max sized images within 3-4working days of order.
If for any reason we are unable to achieve these timescales we will notify you by email.
The Customer is under no obligation to continue further than Step 1 and complete Step 2 of our the process to receive a CGI. Should you not wish to proceed further than Step 1 no refund (part or full) will be considered.
Any Step 2 not completed within 2 weeks of notification will be considered abandoned although the Customer may still return to their customer area at any time within 6 months to complete Step 2. We reserve the right to complete any Projects not taken further than step 1 as we see fit for our own portfolio and promotion.
Any projects that have not completed Step 2 within 6 months of notification will be considered abandoned and the project deleted from the Customer Area and from our servers.
c. Step 3 Downloads & Additional Images
When your CGI are available we will notify you by email to return to your Customer Area and proceed to download your files.
We may provide additional images of your project and make available for non-obligation purchase.
Should you purchase any additional CGI upon payment you will receive an email confirmation of your order and acknowledgement of receipt of payment. A VAT receipt will also be made available in your Customer Area
Timescales following Step 2 completion
We aim to complete work and provide for download (from your Customer Area)
Standard sized images immediately upon order.
Large sized images within 3-4 working days of order.
Max sized images within 3-4 working days of order.
8.0 Registration and Customer Area
a. As previously stated upon placing a Step 1 order you will be provided (by email) a username (your email address provided at Step 1 Order) and password to access specific areas of our website to allow the process of creating your CGI and for you to access Project information and download final CGI.
b. You must treat your username and password as confidential and not disclose these details to a third party.
CGI Builder are not liable in any way for orders placed through our website from fraudulent use of Customer Area Log In details. All orders placed are deemed to be from the Customer and made with the Customers permission and no cancellations or refunds will be made upon claims of fraudulent use of Customer Log In details. You must keep your account details safe.
c. You are responsible for the acts and omissions of any third parties who use your username or password (if applicable) to access our site, whether fraudulently or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
d. You do not have the right to authorise others to login to your Customer Area using your log in details.
e. You do not have the right to transfer your log in details to a third party.
f. CGi Builder reserves the right to restrict access to a Customer Area and disable any username/password at any time as we see fit.
g. If you become aware that anyone has obtained your Login details you must contact CGI Builder immediately and change your password through your Customer Area.
h. CGi Builder is not liable for delays caused by incorrect information being provided.
i. If any information appears incorrect we will ‘Pause’ your project and attempt to contact you.
9.0 Uploading Media to our Site
a. You must hold full rights and permissions to supply any design information or photography to our site.
b. Any media you upload to our site (including drawings and photographs) will be considered non-proprietary and non-confidential.
c. By uploading media to our site you are granting us the right to store as we see fit and fully use for our CGI production
d. We may use uploaded content for our own marketing purposes, unless you have asked us not to.
e. Media uploaded to our website may be stored outside the U.K. on servers in other countries (including the U.S.A.) by uploading information to our website you accept this.
10.0 Customer Supplied Design Information and content:
Design Information Provided by the Customer
a. Any design information uploaded to our site must be drawn to scale.
b. In the event we do not have enough design information to proceed with your CGI we will ‘pause’ your project and request further information from you.
c. The Customer is responsible for ensuring design information uploaded to our site is accurate and the correct design revision.
d. If incorrect design information has been supplied the customer must cancel/amend their order within the amendment/cancellation timescales noted below, (please note no refunds will be offered for projects once commenced).
e.Information not provided on supplied drawings (for example landscaping information) will be added as seen fit by our team’s artistic direction to enhance the final CGI. In order to produce an engaging CGI our team will sometimes add details not shown on supplied drawings at their discretion. No amendments or refunds will be considered if any design or artistic choices made be our team are not to the taste of the customer.
f. We are not liable for not adding information not shown or described in supplied drawings
g. The customer is responsible for ensuring the accuracy of supplied design drawing and information. CGI Builder cannot be held responsible for interpretation of any inconsistencies in customer supplied information. In the case of plans not matching elevations we will always follow elevations.
h. Our CGI’s are produced accurately from the customer supplied design/architectural technical drawings. Please check all design and architectural drawings before supplying to CGI Builder – we cannot accept any responsibility for the supplied CGI not reflecting customer expectations.
Photography provided by the Customer
j. Please ensure you have the right to share any images or photographs with us.
11.0 Deletion of Supplied drawings and information
a. Supplied design drawing information will be deleted from our servers no sooner than 2 weeks and no later than 7 months of supply of the final CGI(‘s) unless otherwise requested. Information can be deleted sooner upon written email request stating project ref in title.
12.0 Project Location
a. The Customer is responsible for providing accurate address information and for moving the map pin on the map during Step 1 to the correct location.
b. The map pin position initially displayed on the map is an arbitrary position, automatically generated, and will not be accurate to the supplied address, therefore the MAP PIN MUST BE MOVED BY THE USER TO THE CORRECT LOCATION of the proposed site.
c. In the event the provided address contradicts the provided map pin position your CGi will be based on the location of the map pin.
d. No refunds will be offered for CGI based on an incorrect map pin location, (even if the supplied address is correct)
13.0 Restriction on supplied content
Content uploaded to our site must not:
a. Contain: obscene, offensive, hateful, inflammatory, defamatory, discriminatory material
b. Infringe or violate any copyright, database right or trade mark of any other person
c. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
d. Relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers).
e. Disseminate or otherwise disclose another person’s personal information without his or her prior permission, or collect or solicit another person’s personal information for commercial or unlawful purposes.
f. You warrant that any content you upload to our site complies with the content standards set out above and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
g. We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
h. We have the right to remove any content you upload to our site if, in our opinion, it does not comply with the content standards set out above.
i. You are solely responsible for securing and backing up your content.
j. We are not responsible for viruses and you must not introduce them intentionally or unintentionally
k. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful and you must not attempt to gain unauthorised access to, interfere with, damage or disrupt our site, the equipment or network on which our site is stored, any software used in the provision of our site or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use our site will cease immediately.
14.0 Downloading your CGI from our site
a. We do not guarantee that our site will be secure or free from bugs or viruses and you should use your own virus protection software. We recommend all downloads are scanned by the customer.
b. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
c. The final CGI is supplied digitally as a .jpg image file and is made available to the Customer for download through the Customer Area
15.0 Timescales
a. Timescales quoted on our website and within these terms are the intended timescales we aim to achieve but by are no means a guarantee and should not be taken as fixed.
b. Timescales are based on our working hours.
c. CGi Builder reserves the right to delay a project for any reason (foreseeable or not)
d. For details of our target timescales see Process>>
e. We cannot be held responsible for any loss incurrred from the supply of CGI being later than expected
f. We are not responsible for delays outside our control
g. If our provision of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end this contract and receive a refund for any services you have paid for but not received.
16.0 Payments
a. All payments are made by credit or debit card through our website and no work will be undertaken without payment received.
b. If for any reason our website is unable to complete the payment process we may issue an invoice for BACS payment and work will only commence upon full settlement.
c. All payments are made through our website and are made in accordance with our production process. We reserve the right to cease production in the event of a payment being recalled
17.0 If we are unable to accept your order
a. If for any reason (operationally, business, technical or any eventuality) we cannot accept your order we will notify you by email and process a full refund to your credit card.
18.0 Amendments to your order
a. Due to the speed of our image process please ensure you notify us within the timescales noted below if you need to make changes to your order. No refunds will be considered (full or part) after the ‘waiting period’ has expired.
b. How to amend your Stage 1 order.
From supply of drawing information and Stage 1 payment we will not commence production for 4 (working) hours.
If you realise you have:
Uploaded incorrect drawings
Spotted an error in your uploaded drawings
or any other reason
You should contact us stating your Project Reference in the subject line. We will then ‘pause’ your project and send you details to resubmit your drawings. We will then not commence production for 4 working hours from receipt of resubmitted drawings. If you wish to submit yet a further set of drawings contact us.
After 4 working hours from receipt of a customer Stage 1 payment and receipt of drawings or resubmitted drawings we will commence production and from this point you will not be able to amend your order and lose the right to cancel.
We cannot amend the design of the project once Step 1 production has commenced. If the customer then wishes to change the design they will have to start a new project and supply new design/architectural drawings.
No refunds will be offered once production has commenced.
b. How to amend your Step 2 order.
From completion of Step 2 and receipt of Stage 2 payment we will not commence production for 4 working hours (based on our working hours). If you realise you have chosen an incorrect material or component you should contact us stating your Project Reference in the subject line. We will send you details to resubmit your material and component choices. If you wish to further amend your choices you should contact us stating your Project Reference in the subject line.
After 4 hours from receipt of a customer Stage 2 payment and receipt of material and component selections we will commence production and from this point you will not be able to amend your order lose the right to cancel.
We cannot amend the design of the project once Step 1 production has commenced. If the customer then wishes to change the design they will not have to complete Stage 2 of production but they will have to start a new project and supply new design/architectural drawings and complete a new Step 1 payment. No refunds will be offered once production has commenced.
The customer is under no obligation to complete Step 2 of the process, but unless Step 2 is completed a final CGI cannot be supplied.
19.0 Cancellation of Orders
a. Due to the speed of out process please be absolutely sure you wish to commit to using our services prior to placing any order.
b. Step 1 – orders can be cancelled within 4 hours (based on our working hours) of placing a Step 1 order to qualify for a full refund. After the 4 hour cancellation period has expired no refund (part or full) will be offered.
c. Step 2 – orders can be cancelled within 4 hours (based on our working hours) of placing a Step 2 to qualify for a full refund. After the 4 hour cancellation period has expired no refund (part or full) can be offered.
d. Additional Images purchased from Customer Download area:
Standard size images – these are provided immediately upon payment and cannot be cancelled or a refund offered under any circumstances.
Please do not purchase any Standard size additional images unless you are absolutely sure you require them.
Large & Max sized images – orders can be cancelled within 4 hours (based on our working hours) of placing an Additional CGi order to qualify for a full refund.
After the 4 hour cancellation period has expired no refund (part or full) can be offered.
20.0 Project Reference and Order Numbers
a. We will assign you a Project Reference upon completion of Step 1. Should you need to contact us regarding your project please include your project reference.
b. An order number will be assigned to each order placed and included on each order confirmation email and VAT receipt which is available in your Customer Area.
21.0 How we may contact you
a. If we need to put your project on hold (for example there is a discrepancy with your drawings) we will change your project status in your Customer Area to ‘Paused’ we will also contact you at the email address you provided. If we are unable to contact you via email we may contact you by telephone or write to you using the postal address supplied.
22.0 Our rights to make changes
a. We reserve the right to make changes as we see fit to our website and offering. Any changes we make will not affect your ability to make use of the services we provide. However, if any such change results in a delay in the provision of our services to you, we will contact you to tell you about the delay.
b. If the delay continues for a period of more than 30 days, you may contact us to end this contract and receive a refund for any services you have paid for but not received.
23.0. Use of our site as a Consumer
a. If you are a consumer, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes and, if you do, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
24.0. Use of our site as a Business Customer
a. If you are a business customer, this is our entire agreement with you
b. As a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of, us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
25.0 Our responsibility for loss or damage suffered by you
a. Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in these Terms and Conditions
b. If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our site; or (ii) use of, or reliance on, any content displayed on our site.
- In particular, we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.
26.0 Ownership of copyright
a. We own and retain the copyright in all CGI produced by CGi Builder
b. CGI Builder reserves the right to use final CGI’s on our website and any promotional material, (eg but not limited to online/print advertising, brochures, exhibition stand, large format graphics, social media, etc.)
c. All final images will be supplied subtly watermarked with the CGi Builder logo.
d. The customer has the right to use the final supplied CGI however they wish, unless the usage is deemed harmful to the professional image of CGi Builder – in which case we reserve the right to instruct removal of the CGI and pursue damages
27.0 Copyright licence
a. You will have a licence to copy and use, and allow other persons providing services to you to copy and use CGI provided in the Download section of your Customer Area.
b. CGi Builder will not have any liability for any use of the same other than for the purpose for which they were prepared.
28.0 Marketing
a. We shall have the right to use any CGI produced by us and any plans, drawings, photographs or images supplied to us for our own marketing purposes, including reproducing the same on our website or promotional material.
29.0 Right to publish photographs
a. If, having used our services, your project goes to construction, we shall have the right to take and publish photographs of the project, and you agree to give us reasonable access to your property for this purpose.
30.0 Changes to our Terms
a. CGi Builder reserves the right to amend these terms at any time without notice, please check these terms before using the site or making a purchase. The date of the current version of these terms is stated at the top of the document.
31.0 Breach of these terms of use
a. If we consider that you have failed to comply with, or have otherwise breached, these terms of use, we may take such action as we deem appropriate, including all or any of the following actions:
b. Immediate, temporary or permanent withdrawal of your right to use our site.
c. Immediate, temporary or permanent removal of any content uploaded by you to our site.
d. Issue of a warning to you.
e. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
f. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
g. We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.
Which country’s laws apply to any disputes?
h. If you are a consumer user, please note that these terms of use are governed by English law and you can bring legal proceedings in connection with them in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
i. If you are a business user, any dispute or claim arising out of, or in connection with, these terms of use or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
32.0. How we will use your personal information:
a. We will only use your personal information in accordance with our Privacy Policy (see link on footer). Please take the time to read this as it includes important terms which apply to you.
33.0 Other important terms
a. We may transfer this contract to someone else
b. We may transfer our rights and obligations under these terms to another organisation (for example, to a third party purchaser of our business), but this will not affect your rights or obligations under these terms.
c. You need our consent to transfer your rights to someone else
d. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
e. Nobody else has any rights under this contract
f. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
g. If a court finds part of this contract illegal, the rest will continue in force
h. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
i. Even if we delay in enforcing this contract, we can still enforce it later
j. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
34.0 Dispute resolution
a. If a dispute arises out of, or in connection with, this contract or its performance, validity or enforceability, then either party may give to the other party written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documents, following which the parties shall attempt in good faith to resolve the dispute. If the parties are unable to resolve the dispute within 30 days of such notice, the parties may, if so agreed between them in writing, enter into mediation in good faith to settle the dispute in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure using a mediator nominated by CEDR. However, the commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the dispute
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
b. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business
c. If you are a business, any dispute or claim arising out of, or in connection with, this contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Our Website cgibuilder.com
35.0 Use of our website
a. You agree that you will only use our site within the scope of our terms of use and all laws and regulations.
b. We reserve the right to update our website at any time, either in terms of content, functionality or technical/code requirements and reserve the right to suspend our website without notice.
c. CGi Builder does not guarantee the accuracy of any content published on our website and that content displayed is up to date.
d. Although our website can be accessed from many territories in the world CGi projects can only be commenced through our website if the construction site location is within the United Kingdom.
e. We reserve the right to withdraw or suspend any part of our site for any reason we see fit.
f. We do not guarantee that our site will constantly be available and offer uninterrupted usage.
g. We do not guarantee content on our site will always be available
h. It is the user’s responsibility to configure their technology and software to access our website.
i. Our website is not guaranteed to work on every electronic device and software platform.
36.0 Material on our website
a. CGi Builder is the owner of all intellectual property rights and content published on our website. Content and design of our website is protected by copyright law, all rights are reserved.
b. You must not copy in full or in part any content/media published on our website (including written copy, images, video, graphics or design)
c. You must not use any content from our site for any personal or commercial purpose. Should you wish to do so you must obtain written permission from us.
d. We reserve the right to seek damages for the use of content or copying design from our website without permission.
37.0 Information provided on our Website
a. Content published on our website is for general information only, it should not be relied upon or treated as advice.
b. We make no representations and give no warranties or guarantees, whether express or implied, that information and content on our website is accurate, complete or up-to-date.
c. You should seek professional/specialist advice before taking any action based on content on our website.
38.0 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
a. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
b. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
c. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
39.0 Linking to our site
a. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
b. You must not establish a link to our site in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
c. Our site must not be framed on any other site and the website in which you are linking must comply in all respects with our content standards.
d. We reserve the right to withdraw linking permission without notice. If you wish to link to our site or make any use of any content on our site other than as set out above, please contact us.
40.0 Outbound Links from our Website
a. We are not responsible for websites we link to
b. Our site may contain links to other websites and resources provided by third parties, including, without limitation, advertisers.
c. We have no control over the content of those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products and/or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
41.0 Social Share of CGi Functionality
a. Through the Customer Area our website provides the provision to share your CGi via social media platforms, email and HTML code – this functionality is made available as a free service. If the Customer wishes to use our website to share their CGi (in any way) they should do so in a responsible, law abiding manor.
b. The customer takes full responsibility for any legal action taken by any party through the misuse of the social share provision of our website. We cannot not be held responsible for use of the social share function of our website.
c. We are not responsible for and cannot guarantee connection to social media platforms will always work are desired.
d. Email share – if you choose to use our site to send an email you take responsibility that the recipients email address is correct and you have their permission to use our website to send an email of a CGI. If you do not have permission from the recipient to send a CGI using our website you should not use the email function. It is the account holders responsibility to ensure the correct email address and that the recipient would welcome receipt of the CGi.
e. All email shares are sent confirming the account holder’s first name, surname and company name (if provided) – should you not want this information shared do not use the email function.
f. Use of email function should be for genuine accountable reason not for any malicious, unlawful or way that harms the brand image or reputation of CGi Builder.
