Members - Terms and Conditions
Trade Indexes Limited trading as ArchitectsIndex.com and ArchitecturalIndex.com (Ai) offers a matching service that allows ArchitectsIndex.com and ArchitecturalIndex.com members to obtain the details of individuals and corporate entities (the Consumers) who have requested to be matched with one or more Members, allowing Consumers to find one or more Members to fulfil their Service Request Requirements. These Terms and Conditions govern Members use of the Ai services.
The service offered by Ai is a simple one of matching Consumers to Ai Members, allowing the Members to find validated Consumers, and Consumers to find one or more Members as part of a Service Request Requirement.
Members using the matching service offered by Ai (ArchitectsIndex.com or ArchitecturalIndex.com) acknowledge having read and accepted these Terms and Conditions.
- Ai undertakes the responsibility to send the Members only Validated Service Request relating to the geographical coverage and business (Profile) determined by the Member.
- Ai undertakes the responsibility to check the quality of Service Request before sending them to its Member and to delete any Service Request that would be considered to be unreliable by Ai.
- Ai undertakes the responsibility to provide the Member with sufficient information on the Consumer to enable the Member to contact the Consumer directly.
- Ai undertakes the responsibility to send details of each Service Request to no more than three Members. Ai is free to contract with other Members as this is not an exclusive contract.
- Whenever Ai sends a Consumer's details to the Member, the Member agrees to pay a fixed sum, either a Standard Lead Fee or an Exclusive Lead Fee dependent upon the Member's choice, for each Service Request as set out in the Pricing List in force at the time these Terms and Conditions are accepted by the Member or, for Members who have pre-paid for a batch of contact-credits, to be debited with the corresponding number of contact-credits.
- The Member acknowledges and agrees that the number of Service Requests that Ai will be able to provide to the Member will vary and is not guaranteed and that Ai cannot guarantee that the number of Service Requests it is able to send to the Member will allow the Member to achieve the monthly budget fixed by Member. Further, Ai does not guarantee that a Member will be engaged by any Consumer pursuant to a Service Request. Ai provides only validated consumer leads to Members, not guaranteed business.
- The Member may change its Profile at any time.
- Any Member may cancel or suspend membership of the service in the terms set out in this document. If the Member does not cancel or suspend its membership, then the Member will continue to receive Service Requests based upon its then existing Profile.
- The Member acknowledges and agrees that it is responsible for ensuring that the contact information and any other details regarding Member that it has provided to Ai are correct and kept up to date so that it can receive the Service Requests from Ai. Ai is not liable or accountable for Service Requests not received by the Member.
- Ai is not entitled to receive any commission on any amounts paid by Consumer to Members for services performed by Members. The Lead Fee payable or the contact-credit due from the Member to Ai for a Validated Service Request is not dependant on whether or not the Member is engaged to perform services by the Consumer. Lead Fees and contact-credits are earned upon delivery of the full Consumer's details and contact information from Ai to Member.
- Ai undertakes to re-credit the Members for any Service Request for which Ai confirms one of the following:
- the details correspond to those of a Consumer for which the Member has already received the same details and request through a prior Service Request received by Ai within the previous 30 days (DUPLICATE),
- the Consumer's telephone number is wrong and prevents the Member from contacting the Consumer by telephone (WRONG TELEPHONE),
- the postcode of the place where the service is to be provided is wrong, provided that the postcode that should have been entered does not match the Members Profile (LOCATION ERROR), or
- the description is totally fictitious and inaccurate in Ai's sole determination (FICTITIOUS REQUEST).
We do not issue credits for the following reasons:
- The consumer has already found someone to complete the work,
- The consumer has already chosen another tradesman to do the work,
- The consumer has changed their mind about the project,
- The consumer isn't ready to go ahead with the project yet,
- The member did not win the job,
- The member contacts us with a query more than seven days after the lead in question was received.
- In order to be re-credited pursuant to Section 11 above, the Member must submit a substantiated request in writing, using the interface provided by Ai, within seven (7) days of the day on which the Service Request is received. Ai shall have the right, in its sole discretion, to determine whether re-crediting is warranted.
- To be able to benefit from the service offered by Ai, the Member undertakes to:
- Contact consumers as soon as they have accepted, paid for and received the Validated Service Request details.
- Provide estimates free of charge and, where applicable, obtain the Consumer's prior consent if the level of expenditure incurred by providing the estimate are such that the Consumer needs to be invoiced,
- Observe the commitments and time limits indicated on the estimates and agreements between Member and Consumers.
- Observe all applicable statutory regulations and Member Governing body's standards and codes of conduct.
- Observe all applicable tax and social laws,
- Be recorded or registered as required with the applicable authorities and governing bodies.
- Be up-to-date at all times with compulsory insurance essential to its business,
- Possess the qualifications and necessary expertise to provide the services that it has selected in its Profile,
- Contact Consumers itself,
- Provide and invoice the services itself,
- Invoice services in accordance with the estimate initially submitted to the Consumer.
- Provide quality services to meet Consumers' requirements as far as possible,
- Provide a quality after-sales service,
- Provide services within England, Scotland or Wales.
- Any failure to meet any of the commitments listed in the above article may result in immediate suspension or cancellation of the Member's Account, without any entitlement to a refund of any sums previously paid by the Member to Ai.
- Ai will not under any circumstances be liable for any sum resulting from any dispute between the Consumer and the Member as part of a Member's contract with, or of a Member's provision of services for, a Consumer. Ai will not be held liable, and Member releases Ai from any liability, in any dispute that may subsequently arise between the Consumer and the Member regarding Member's performance of or failure to perform services for the Consumer.
- Ai is not involved in, nor does Ai have any responsibility for Members, contracts with Consumers, or any payments to Members from Consumers or any disputes Members may have with Consumers. Notwithstanding anything in these Terms and Conditions to the contrary, Ai does not make guarantees, representations or warranties regarding a Consumer's level of interest, their desire to have work completed, their creditworthiness or ability to pay Members, the accuracy of the information provided by the Consumers, or that any Consumers will hire Members to perform services, nor does Ai guarantee that Members will successfully contact each Consumers.
- These Terms and Conditions are not transferable or assignable by Member. Furthermore, the transfer of Service Requests received by the Member to third parties, whether free of charge or for a consideration, or to other service providers or suppliers, is strictly prohibited and is contrary to current regulations concerning confidentiality of personal data. Any transfer by Member of Service Requests to third parties may result in legal proceedings and the termination of Member's account with Ai.
- With regard to pre-payment of a batch of contact-credits, contact-credits pre-paid by Members may be used for a period of 12 months from the date of payment for such contact-credits (the Validity Period). At the end of the Validity Period, unused contact-credits will be forfeited by Member and definitively withdrawn from the Member's account unless the Member purchases new contact-credits before the end of the Validity Period, in which case the new expiry date for all contact-credits will be 12 months from the most recent date of purchase of a batch of contact-credits, or unless the Member has received less than 5 Service Requests during the period of validity of its contact-credits, in which case the period of validity will be extended by 12 months. In all cases, contact-credits pre-paid by a Member will not be refunded during or after the Validity Period for any reason whatsoever.
- Beyond the 30-day integration period as from the date of your acceptance of these Terms and Conditions, the Member may cancel or suspend its membership of the service offered by Ai by registered letter with confirmation of delivery or by fax. Upon receipt of a request for cancellation or suspension is received, Ai shall suspend the delivery of Service Requests to Members within a maximum period of two (2) business days.
- Ai reserves the right to refuse a membership request for Membership for any reason or no reason, without having to state reasons. Moreover, Ai reserves the right at any time and even within the integration period to exclude a Member who has failed to observe these Terms and Conditions, without prior notice or having to give reasons, and without being required to refund any amounts previously paid.
- The Member acknowledges and agrees that it will be liable for an administration charge of £40 including VAT to cover bank charges and costs resulting from any incident or failure of the Member to pay for a purchased Validated Lead. Ai may also charge interest at the rate of two percent per month on any overdue payments by the Member from the date payment became due until actual payment is made.
- The Pricing List and Terms and Conditions applicable are those current on the day on which this document is confirmed by the Member. Ai reserves the right to change its Pricing List and Terms and Conditions at any time. Member's sole remedy if it does not agree to such a change shall be to terminate this Agreement. If a Member fails to terminate this Agreement, then this Agreement shall continue in full force and effect as modified by Ai in the notice provided to Member.
- Ai's name, trademarks and logos and the contents of websites published by Ai are Ai's exclusive property and cannot in any event be used or reproduced in any way without Ai's prior consent in writing. In addition, the Member acknowledges and agrees that any content that it may decide to submit to Ai will be Ai's exclusive property, except for the Members names, trademarks and logos, and may be published in whole or in part on sites published by Ai or in marketing documents without entitling the Member to any remuneration. The Member in particular authorises Ai to publish the name of the Member and of its company, its details, its profile, its qualifications and its memberships of associations or federations, its logos and trademarks, its comments and testimonials of Ai's services, the comments, testimonials and approval ratings obtained by Ai from its Consumers, and photographs that it may have submitted to Ai to promote the Member's or Ai's business on any online or offline medium. The Member represents, warrants and guarantees that it possesses all the rights to the content that it provides to Ai and that such content is not in breach of previous intellectual property rights held by third parties. Ai nonetheless reserves the right to reject or delete any content that it may consider does not conform to its editorial line or that may not comply with intellectual property law.
- Ai may ask Consumers for their comments, testimonials and approval ratings for services provided by each of its Members by means of a satisfaction questionnaire. The Member agrees to Ai contacting the Member's consumers at Ai's sole discretion to obtain Consumers comments, testimonials and approval ratings of services provided by the Member. The Member acknowledges and agrees that all information thus obtained is Ai's exclusive property and that it may be published in whole or in part on websites published by Ai or in marketing documents without entitling the Member to any kind of remuneration. The Member acknowledges and agrees that its Consumers may leave comments and testimonials about the services that it has provided. Ai is not responsible for comments, testimonials and approval ratings given by Consumers that it decides to publish on its websites. In addition, the Member acknowledges and agrees that Member is in no way entitled to reproduce, advertise, publish or use in any other possible way such information, including information concerning Member directly, without Ai's prior consent in writing. Any unauthorised use of the above information may result in legal proceedings and termination of Members account and this Agreement.
- Member shall fully protect, indemnify and defend Ai and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (the Indemnified Parties) and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of Member's work for or dealings with any Consumers, or Member's services, representations, advertising, or obligations (including but not limited to Member's obligation to maintain the confidentiality of user personal information) as provided in this Agreement, regardless of cause or of any fault or negligence of Ai or the indemnified parties and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by Ai or the indemnified parties.
- In no event is Ai liable to any Member for any consequential, indirect, incidental, punitive or special damages, lost revenue, lost profits or loss of goodwill. In no event will the total aggregate liability of Ai to Member exceed the amount of fees actually paid by Member to Ai during the preceding 12 months, regardless of the basis or form of claim.
- Services are provided to Member on an "as is" basis, and Ai disclaims any and all express or implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
- Should any one or more of the provisions contained in this Terms and Conditions be declared invalid by a competent court, the validity of the remaining provisions of this instrument will remain unaffected.
- The following sections shall survive any termination or expiration of this Agreement; 4, 5, 8, 9, 10, 13, 15, 16, 17, 18, 21, and 23 through 30.
- The parties hereby agree that any disputes as to the terms of the services provided by Ai and in relation to these Terms and Conditions shall be submitted to the courts of England & Wales or the courts of Scotland for resolution.
Terms and Conditions - Reduced Rate Validated Leads
1. Interpretation
"Acceptance" means confirmation that an enquiry has been introduced by ArchitectsIndex.com or ArchitecturalIndex.com ahead of any other source.
"Agent" means Trade Indexes Limited t/a ArchitectsIndex.com or ArchitecturalIndex.com
"ArchitectsIndex.com" or "ArchitecturalIndex.com" means TradeIndexes Limited, a company registered in England and Wales (company registration number 07606183) whose registered office is 7 Clarendon Place, Royal Leamington Spa, CV32 5QL.
"Architectural Services" means services offered by a person or practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction, including but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract.
"Contract" means the contract for the provision of services by ArchitectsIndex.com or ArchitecturalIndex.com to You incorporating these Terms and Conditions.
"Contract Value" means the estimated value of the overall of the construction works being designed by You.
"Customer" means a party whether a natural person, corporate or unincorporated body (whether or not having separate legal personality) seeking Architectural Services.
"Enquiry" means the provision of a Customer's details to You by ArchitectsIndex.com or ArchitecturalIndex.com or another Agent.
"Fee Proposal" means the fee submitted to the Customer for Architectural Services for their consideration.
"Introduction Fee" means any fee payable to ArchitectsIndex.com or ArchitecturalIndex.com in accordance with clause 7.2.
"Novation Agreement" means a novation agreement in a form reasonably acceptable to ArchitectsIndex.com or ArchitecturalIndex.com.
"Placement" means the acceptance of a fee proposal submitted by You to the Customer whether this is in verbal or written format.
"Registration" means the registration by You of the details of You/Your practice which is accepted by ArchitectsIndex.com or ArchitecturalIndex.com for perusal by potential Customers.
"Services" means the provision of Architectural broking services by ArchitectsIndex.com or ArchitecturalIndex.com.
"VAT" means value added tax chargeable under English law for the time being and any similar tax.
"You" means You, whether You are a natural person, a partnership, a corporate or unincorporated body (whether or not having a separate legal personality) and, if You are a company, any associated companies and/or affiliates.
2. Application of Conditions
2.1. These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent Terms or Conditions contained, or referred to, in the Customer's purchase order, confirmation of order, acceptance of a quotation or specification or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing.
3. Commencement and Duration
3.1. ArchitectsIndex.com or ArchitecturalIndex.com shall provide the Services to You from the date of Registration.
3.2. The Services supplied under the Contract shall continue to be supplied unless the Contract is terminated by one of the parties giving to the other not less than one month's notice.
4. ArchitectsIndex.com's / ArchitecturalIndex.com's Obligations
4.1. ArchitectsIndex.com or ArchitecturalIndex.com shall:
(a) to the best of it's ability provide you with a description of the Enquiry together with contact details of consumers actively seeking an Architectural practice to undertake architectural works.
5. Your Obligations
5.1. You shall:
(a) co-operate with ArchitectsIndex.com and ArchitecturalIndex.com in all matters relating to the Services;
(b) provide to ArchitectsIndex.com or ArchitecturalIndex.com in a timely manner, such other information and material as ArchitectsIndex.com or ArchitecturalIndex.com may reasonably require in connection with the provision of the Services; and
(c) pay the Introduction Fee whenever due and payable.
5.2. Following Registration and upon receipt of each enquiry from ArchitectsIndex.com or ArchitecturalIndex.com, You will adhere to the Rejection Overturn/Refund Policy set out in clause 6 below.
6. Rejection Overturn/Refund Policy
6.1. Should an Enquiry offered by Architectsindex.com or ArchitecturalIndex.com exclude contact details then You or your practice should make a claim highlighting the fact within 24hrs of receiving the Enquiry. In the event of a claim request Architectsindex.com or ArchitecturalIndex.com will undertake an assessment and on confirmation that the Enquiry did not include contact details a refund matching the purchase price of that Enquiry will be paid in full within 21 days of the said claim.
6.2. Should an Enquiry by ArchitectsIndex.com or ArchitecturalIndex.com result in a paying fee You or your practice and have not previously informed ArchitectsIndex.com or ArchitecturalIndex.com of a Rejection/Refund claim, ArchitectsIndex.com or ArchitecturalIndex.com will assume an Acceptance and will forward an invoice for the full commission applicable.
6.3. Any Enquiry introduced by ArchitectsIndex.com or ArchitecturalIndex.com is strictly for Your use and benefit only. Passing details to any third party without the consent of ArchitectsIndex.com or ArchitecturalIndex.com will amount to a breach of confidentiality for which the remedy will be an action for damages.
6.4. Any Enquiry introduced by ArchitectsIndex.com or ArchitecturalIndex.com is deemed to be live for six months from the introduction date unless otherwise agreed between the parties. Should an Enquiry be "lost" or "dead" it is Your responsibility to inform ArchitectsIndex.com or ArchitecturalIndex.com.
7. ArchitectsIndex.com / ArchitecturalIndex.com Fees
7.1. You must pay an Introduction Fee as follows:
7.2. Upon confirmation of each placement you will pay an Introduction Fee equivalent to following:
10% of the overall fee proposal agreed between the client and you, written or verbally, for services in connection with undertaking architectural services.
7.3. You must pay an Administration Fee of £200 to recommence use of the Services following a suspension pursuant to clause 8.3.
7.4. You must pay any Administration Fee or Registration Fee as soon as such fee becomes due and Your continuing use of the Services is dependent on such payment.
7.5. Any Introduction Fee which is invoiced will be payable in full within 28 days of the Clients Move In Date. Failure to pay shall entitle ArchitectsIndex.com or ArchitecturalIndex.com to charge interest at the rate of 3% above the base rate of Royal Bank of Scotland Plc at its discretion.
7.6. VAT at the prevailing rate will be charged on all Administration, Introduction, Registration and Subscription Fees.
8. Miscellaneous
8.1. It is Your responsibility to inform ArchitectsIndex.com or ArchitecturalIndex.com about any change in personnel, including phone numbers and e-mail addresses as soon as the changes occur.
8.2. It is Your responsibility to inform ArchitectsIndex.com or ArchitecturalIndex.com of any technical problems that may stop You receiving Enquiries from ArchitectsIndex.com or ArchitecturalIndex.com including changes to "Spam" filters, Internet providers or server problems so that the necessary steps can be taken to ensure that You receive enquiries via other means.
8.3. ArchitectsIndex.com or ArchitecturalIndex.com reserves the right to suspend Your use of the Services in the event of Your failure to pay any fee provided for under clause 7 that has become due or payable. ArchitectsIndex.com or ArchitecturalIndex.com will also suspend Your use of the Services within a reasonable time of receipt of a request to do so from You.
8.4. ArchitectsIndex.com and ArchitecturalIndex.com retain the right at any time to vary the Contract these Terms and Conditions or any of the documents referred to herein.
8.5. The Terms and Conditions of this Agreement are governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
9. Sale of a Practice/Company
9.1. Upon the sale of your practice/company by You, You will inform ArchitectsIndex.com or ArchitecturalIndex.com of such sale in writing within either:
9.1.1. a period of 7 days after exchange of contracts for such sale; or
9.1.2. where such sale is completed without the exchange of contracts within a period of 7 days after such completion.
9.2. Upon the sale of your practice/company by You, You will ensure that the party purchasing your practice/business is joined with You and ArchitectsIndex.com / ArchitecturalIndex.com as a party to a Novation Agreement, thereby obligating the party purchasing the practice/company to maintain all payments of any Introduction Fee or any other fee due to ArchitectsIndex.com or ArchitecturalIndex.com.
9.3. Where You fail to comply with clause 9.2, You shall remain liable for any outstanding Introduction Fee or any other fee due to ArchitectsIndex.com or ArchitecturalIndex.com.
10. Retirement/Closing down of a Practice/Company
10.1. Upon the retirement from a practice/company or closing down of a practice/company by You, You will inform ArchitectsIndex.com or ArchitecturalIndex.com of such sale in writing within either:
10.1.1. a period of 7 days after retirement or closing down of the practice/company.
10.2. Upon the retirement from a practice/company or closing down of a practice/company by You, You will ensure that any Introduction Fee or any other fee due to ArchitectsIndex.com or ArchitecturalIndex.com has been paid in full.
10.3. Where You fail to comply with clause 10.2, You shall remain liable for any outstanding Introduction Fee or any other fee due to ArchitectsIndex.com or ArchitecturalIndex.com.
Refund Policy
The following refund policy applies to enquiry credits:
Because of the nature of enquiry credits (part of pay-as-you go bundles) refunds can only be given for any unused credits where stated. Refunds cannot be issued for used credits. Refunds will be calculated based on the price per credit, stated for the purchased enquiry bundle, on the date of purchase.
If we terminate your contract for any reason in accordance with the terms and conditions of our contract with you then we will not return any part of the current fees.
The following refund policy applies to subscriptions:
An individual or company purchasing a subscription to the ArchitectsIndex.com and/or ArchitecturalIndex.com website enters into a contract with Trade Indexes Limited. An account will be created and the contract is for a minimum period of 12 months. Payment is in the form of an annual subscription fee paid in advance.
If members have created an account and you have paid the annual subscription, but have changed your mind and no longer wish to receive the service then you must apply in writing to support@architectsindex.com quoting your ArchitectsIndex.com or ArchitecturalIndex.com Account ID, within 24 hours of entering into the contract to be entitled to a full refund less an administration charge of £25*.
If, after 24 hours of creating your account, you would like to terminate your contract you must first apply in writing to support@architectsindex.com quoting your ArchitectsIndex.com or ArchitecturalIndex.com Account ID and stating the reasons for the termination of your contract. On receipt of your email our support staff will review your request and contact you, if necessary, to discuss the termination of your account. Once we are satisfied the reasons for termination are deemed appropriate and/or within the terms and conditions then you or your company will be entitled to a refund for each full month of the services remaining, less a standard administration charge of £25*.
If we terminate your contract for any reason in accordance with the terms and conditions of our contract with you then we will not return any part of the current annual fee.
We will not approve accounts we deem inappropriate. If we decline to offer you an account for any reason then you shall receive a refund of all fees in full.
The following refund policy applies to annual additional packages:
If members have created an account and have paid for annual additional packages, but have changed their mind and no longer wish to receive the service then the members must apply in writing to support@architectsindex.com quoting your ArchitectsIndex.com or ArchitecturalIndex.com Account ID, within 24 hours of entering into the contract to be entitled to a full refund less an administration charge of £25*.
The following refund policy applies to the purchase of validated leads:
No refunds will be eligible to members who have paid for standard, exclusive or reduced rate leads unless extenuating circumstances can be given, but even then, any refund will be at the Ai's discretion.
* The administration charge has been established to cover the costs or charges incurred in liaising with the payment provider to refund any money and in removing the listing from the 'live' directory.
Reviewed: 19th July 2016
