OUR terms

New House Plans Terms of Use and Purchase

v3_ 19.12.2020

General

Please read the following Terms and Conditions (“Terms”) carefully before using the New House Plans website (“Website”). 

They contain important information regarding your legal rights, remedies and obligations.

 

These Terms are intended to cover use of New House Plans websites and domains www.newhouseplans.ie  www. newhouseplans.co.uk ,  www.houseplans.irish and www.newhouseplans.online  and related services (including access, browsing, any interactive features, any social networking service, any mobile application, subscribing to any newsletter or updates and any other service provided in this website hereinafter referred to as “the Website”) are made available to you in accordance with the following Terms and Conditions.  These Terms and all documents must be accepted by any and all users.

New House Plans and House Plans terms and the other names and domains above are  used interchangeably below.

They are  all trading names of Open Plan Design Limited (OPL) a limited company, registered in Dublin, Ireland. Company number is 579868 and tax number is 3412163GH.

 

Your use of the Website(s) is subject to and signifies your acceptance of these Terms and Conditions and your agreement to be legally bound by and act in accordance with same. If you do not agree to any of these Terms and Conditions, you must stop accessing and using the Website and any services available via the Website immediately. 

House Plans may amend the Terms and Conditions at any time by publishing an amended or updated version of the Terms and Conditions on the Website and you agree to be bound by such changes. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

Definitions:

House Plans
The wording "House Plans",  "New House Plans"  or "website"/ "Website"  in these Tems and on this website refers to www.newhouseplans.ie   ww.newhosuseplans.co.uk www.houseplans.irish and www.newhouseplans.online  

User/ Customer

Any individual browsing, looking, reading, subscribing or otherwise using the New House Plans websites for any purpose whatsoever is termed a “user” hereunder.

Any user using House Plans website to purchase a design/plan, design change or other plan products for a new house is a “customer” hereunder.

Plan/Design:

Any house plan or design in any format hosted on and or sold by New House Plans is termed a "design" / "Design" or "plan"/ "Plan" (see also Products / Formats)

Products / Formats

A design by House Plans may be output by us and receivd by you in many different digital forms  for example as a drawing, rendering, CGI, movie, in browser walk around experience, or others. We term the different outputs of a design as products or formats.  Various of these are availble at different purchase prices.

 

Other Terms

The term “use” means any  activities by a user (as defined above) on the House Plans websites

The term “Site” and “Website” hereunder refers to the House Plans  websites and all linked pages, subdomains, pages etc  etc of it.

The term ‘design’, “designs’, ‘plan’ or  ‘plan’ refers to the house plan and designs sold on this website including plans purchased as is, changes ordered, designs and plans purchased/ downloaded after changes, or following purchases of additional format products when available.  

 

When these Terms mention “House Plans ” “we,” “us,” or “our,” it refers to Open Plan Design Ltd (Ireland) trading as House Plans  www.houseplans.irish or New House Plans  www.newhouseplans.online

The term “You”  in these terms refers to users and  customers.

 

The same word in both its capitalised and non capitalised forms, and in both its singular or plural forms,  shall be read and understood as being interchangeable where this makes sense hereunder.

 

 

Other Notices

These Terms refer to the following additional terms, which also apply to your use of our site:

Our Privacy Notice sets out terms by the we collect data and what we use it for.

Our Cookie Policy sets out information about the cookies on our site.

 Our Data Protection Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

See our Terms Of Sale for conditions and provisions relating to purchasing of House Plans designs / plans and services (including Subscriptions). 

 

 

Scope of Service:

House Plans provides the following products-together the House Plans "offering(s)”:

  • sales of design plans for single family new homes (“Designs”),

  • modification of said plans to order,

  • delivery of design plans in various product output formats (“products” or “outputs”).

 

Any use of our websites, is subject to these Terms and Conditions.

 

 

Contract and Services

 

How the Design Offering  Works

By browsing  our website you can select from a number of  New House Plans designs. Each is presented as a video that navigates around the outside of the houses and one that progresses through the main spaces of the interior, as well as schematic floor plans and vital statistics of each plan. This allows you decide whether you wish to purchase one of the design(s) .

There is no obligation on you to purchase any design(s) or design product(s) at this point however New House Plans portfolio of designs is constantly expanding and evolving so there is no guarantee that the exact same design will be available on a subsequent visit by you.

 

One you have purchased your design you may visit our changes page and request a variety of changes to be made to have the plans closer suit your requirements. Changes cost different sums and must be paid for in advance. Changes take a number of days to complete.

 

After payment for the design (and/or changes to the design), customers receive their plan electronically  via an  email containing a download link. Design plan will be delivered as a zip file (containing .dwf .dgn .pdf . rvt  files ) URL or other electronic file or link formats. Drawings issued as PDFs will come in A3 paper size (for Architecture Design Set and Builders Layout Set-General and as A1 sized for the Builders Layouts -larger scale). It is your responsibility to print out or otherwise make use of these formats.

Vouchers and Coupons

Vouchers and coupons are sold on the basis that they are redeemable once using the combination of voucher or coupon number, email address and where relevant other information requested at the time of purchase. It is your responsibility to keep the above information secure so that others do not redeem your voucher. No responsibility will be accepted by Opoplan for such false redemptions due to information compromised by you. Any violation or attempted duplicate usage of a voucher/coupon will result in your design and voucher being cancelled.

Vouchers and coupons are either for a set sum or for a specific product or set and for specific redemption dates.

Where the voucher is for a specific product, that product or the current equivalent will be offered in fulfilment of the voucher, regardless of any changes in pricing, whether increased or decreased, in the future. If a product has been discontinued entirely, we will offer a similar product or equivalent service in lieu at the time. Please read the voucher/coupon description fully prior to purchase for specific terms and limitations around dates, sums, transferability/who can redeem the voucher/coupon etc.

Where the voucher or coupon is for a set sum, the sum can be set against the purchase of a product current at the time of redemption, subject to any conditions in the voucher/coupon.

 

Terms of Sale- Pricing, Payment, Delivery

We make all reasonable efforts to ensure the pricing information on the Website is accurate and up to date however errors do occur. If an error occurs and a Service is mispriced House Plans reserves the right not to accept the order. Prices remain subject to change without notice and therefore are not legally binding.

Payment

We accept all credit/debit card transactions which are processed through Moonclerk and Stripe . This is a secure payment gateway which encrypts your credit/debit card details.

House Plans will not store your credit/debit card details. We will take reasonable precautions to ensure that the House Plans Website is secure. However, we cannot guarantee the security of our website, databases or services, nor can we guarantee that your information will not be intercepted by, nor are we liable for the actions of third parties. For further details please review our Privacy Statement.

International credit card providers will determine the exchange rate of your purchase and may add additional costs or charges which you will be liable for if you hold an international credit card.

Delivery

New House Plans’s plan products will be delivered to you by download link sent by email (to the address that you have furnished).  Plans are delivered by URL link and/ or as zip files containing PDF formats of drawings at A3 (close to 11"x2") and A1 (close to 22"x34"). House Plans cannot be held responsible if the email address you provide is incorrect or you do not have the technological capability to download, print or otherwise utilise the file(s) once downloaded.

Cooling off Period/Cancellation

House Plans plan products are subject to normal returns obligations and policies of goods purchased online.  .

 

Intellectual Property

 

Website

Open Plan Design Limited (“House Plans”) owns all rights, title and interest in and to the House Plans websites and or its content and applications on the site. Such rights include but are not limited to rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to use for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, know-how, in each case whether registered or unregistered, which subsist or which may in the future subsist (“IPR”). Where House Plans does not own the rights it has a valid rights from a third party to use such material.

 You may not copy, capture, delete or in any manner alter or retain or remove any text, copyright, trademark, and other proprietary rights notices appearing on the House Plans Website or in any materials supplied to you in connection with the Website. You agree to abide by all access and use restrictions contained in any content made available to you through, or in connection with, the House Plans Website.

The trademarks, trade names, designs, logos and service marks displayed on the House Plans Website ("Marks") as well as the structure, layout, logic, sequencing, wording and imagery of the customer briefing system are the property of House Plans or are being used under a valid third party licence. You are not permitted to use these items and Marks without the prior written consent of House Plans. You shall not refer to or attribute any information to House Plans in any public medium or otherwise imply any endorsement by, or relationship with, House Plans.

All seed designs by House Plans or by contributing architects (design authors) as well as all content, images, graphics, and other data stored on this website expressly stated as being from another source are hereby designated original material. This material may not be reused in any form, or for any purpose, without the consent of the owner.

You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the House Plans Website. This especially includes videos, images, or specifics of any design plan except after purchase when they may be used once and once only by the purchaser and no one else. Any unauthorised modification, use or other act in respect of the materials in the House Plans Website is a violation of House Plans’s IPR.

You acknowledge and agree that House Plans shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the House Plans Website in postings, survey responses, and otherwise, and you hereby waive any claims against House Plans for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with House Plans’s use and publication of such submissions.

 

Services

All plans and designs and related creative outputs (“Content”, “Designs”, “Outputs” or “Products”) emanating from House Plans and the Website are owned by House Plans or licensed from a third party and are therefore subject to copyright. Any unauthorised use, reproduction, sale, or transfer of such Designs or ancillary works constitutes a breach of intellectual property law and carries civil and criminal penalties.

 

Licence For Use – End Users

Copyright in all drawings and documents prepared as part of the Offering shall remain the property of House Plans (or /and the Architect design author of the seed design). House Plans grants you a licence to use the Design for a single house design (and /or building) project only, on one ocasion only and subject to payment in full of the purchase price.

When you purchase a design plan (including any design product) from House Plans, you are granted a licence to use that Design for a single specific purpose as follows:

  • You may use the plan for a single use only in order to complete your new house project, any further use of the design/ plans shall require our consent and the payment of an additional fee.

  • You shall not disclose the plan save to your local construction professional and/or local authority (/building permit department) in order to deal with applications for all necessary permits, consents or approvals.

  • Save as required to complete your project, you shall not otherwise disclose copy or make available to any third party the Design.

  • You understand that the designs/ plans cannot be implemented (constructed) without obtaining the appropriate advice and guidance of a local construction professional and without obtaining the necessary permits, planning permission and compliances (with building regulations or similar) from your local planning authority.You undertake to do this and to ensure that your local construction professional has the appropriate qualifications to fulfil your project and the associated public and professional liability insurance to cover any claims.

  • The licence prohibits any assignment, transfer or sub licencing by you in respect of the Design.

Suitability of Designs

By using House You understand and accept that:

Architectural design is as much art as science and we do not on new House Plans offer to ensure that a customers requirements and desires, are fully met. It is up to the customer to fully explore the plans through the videos ,drawing and other materials available to satisfy themselves that the design is suitable for them in advance of purchase.  

We do not profess to be aware of  planning, permit building regulations or other consent requirements that may impact on the suitability of the Design for your project.

You therefore undertake not to utilise the Design without engaging a suitable professional, normally a local architect or building technologist, building surveyor or local  engineer experienced in completing house projects in the locality,  to professionally implement the Design.

Implementing the design comprises a suitably qualified local professional (as above) reviewing the potential limitations and considerations mentioned above and elaborating the  technical aspects of the design to suit local conditions on your plot and in your locality and to suit your detail requirements. 

Your professional will need to apply and be granted panning permission for the plans on your site. They will also need expertise in civil and structural engineering. They will need to adapt the plans provided to deal with planning conditions, building permits/ building regulations and certification with same, and  local site conditions such as but not limited to; load bearing capacity of the soil/ground, foundation details, sewerage, drainage, water, waste waste treatment and disposal, engineering design and calculations (of beams, columns and other structural members), sea level rise, flooding, wind,  storm and wildfire hazard,  and potential seismic or other natural occurrences/risks that may affect the project. 

New House Plans is not in any way liable to you in respect of any of these matters including the cost of engaging the appropriate professionals to implement the Design.

The design outputs (drawings, online 3D viewers, builders information) provided as well (where relevant)  as renderings, animations or 3D printable physical models are intended to communicate an overall arrangement, layout and design.  They may form part of an application set for planning permission or architectural review or to communicate the scope of the Design. However without further work (as outlined above) they are insufficient for planning applications, building regulation (/building permit) applications and, alone, do not comprise sufficient information for full cost estimation or procurement.  They should under no circumstances be used on their own for construction.

The builder layout  sets  provided comprises drawings and documents intended to provide further information to your local construction professional (including the builder) and a greater level of detail.  They do not however extend to our purport to be a full construction set capable of being used for procurement on their own, nor do they deal with any structural design /calculations, heating/plumbing/mechanical or electrical engineering requirements or drainage services.  All of the above will be a matter for your professional and/or Engineer prior to permitting and construction. You should engage a professional with the appropriate qualifications, as well as (public liability and professional indemnity) insurances, to supply these detail services to a professional standard. Final selection of materials, components, brands/manufacturers or building provisions,  proper installation of all elements and components, structural stability, safety and weather proofing and all other details in relation to the construction project are your and /or your construction professional or builders responsibility, and House Plans have no control over or responsibility in  regards to such matters. 

The Designs do not include architects or engineers stamps, seals or other certifications and will usually require modification in order to comply with local planning, condition of planning  and  building regulations/ codes.

Any variation in sizes or types of materials or substitutions decided upon by you, your professional or builder may result in changes to some aspects  of the Design, all of which will be your responsibility and all modifications and use of the Designs carried out by you, your professional other advisors or your contractor on your behalf is done solely at your own risk. 

 

 

Responsibility of Customers, Builders and Professionals  

For the avoidance of doubt, it is the customers responsibility to:

  • appoint a local professional to carry out the above structural and engineering designs, including applying for and receiving all required permissions (including planning approvals/permissions and buildnig regulation compliance and certifications ), before commencing construction, and to

  • appoint a competent contractor (builder) to plan, manage the build, complete and commission your new house (see below also).

 

Normally this should be done using a formal construction contract on which both parties should be legally advised.

It is the contractors, or in the event there is no contractor the customers, responsibility, subject to the abovementioned construction contract, to:

  • check the plans and drawings prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions and site.

  • ensure that any and all construction work (including demolition) is compliant with local ordinances, regulations, building codes and the granted permits or approvals/consents.

  • liaise with the customer on choice of components (windows, doors, stairs, balustrades/, railings, materials, finishes, furnishing and landscape (hard and soft).

  • follow best construction practice as required and legislated for in the specific project locality such that the customer receives a legally compliant, structurally sound, weather proof, comfortable and safe house built and finished to modern standards.

  • manage the building process professionally including; adhering to any condition set out in granted permits or consents, safety and health (of public, neighbours, workers and the customer ) on, in and near the project site, arranging inspections required by local authorities, managing relationships with neighbours regarding construction operations affecting them, managing the general operations, processes and sequences of building, managing the selection and management of subcontractors or suppliers as required and ensuring all materials equipment, components are fit for purpose.

You the customer accept that the decisions taken before and during construction by the contractor, and you, as to exact components, building systems and details of the construction may change the appearance, size and relationship of elements of the design. This is considered to be normal and in no way deficient by House Plans.

 

Rights You Grant House Plans

In consideration for the rights granted to you under the Terms, you grant House Plans the following rights;

Advertising Marketing and Promotion

You grant House Plans the right to provide advertising and marketing information to you, and to allow our business partners to do the same. In any part of the Services, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.

Comments and Feedback

If you provide feedback, ideas or suggestions to in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize House Plans to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

Rights to Analyse

House Plans retains the right to, and you accept that we may, analyze and evaluate the customers inputs to the briefing system and use this data, once anonymized and aggregated, to establish, document, report and publish as part of a monitoring of the trends and pattern in the home design and construction industry.  

 

 

Warranty and Limitation on Liability Regarding Use of Design

House Plans has no liability whatsoever to you in relation to the implementation of the Design and without limitation you warrant undertake and agree that the responsibility to ensure the accuracy and suitability of the Design for your site and situation rests solely with you and you agree to indemnify and hold House Plans and its affiliates harmless in respect of any claims, losses, expenses, demands, causes of actions, liability (including reasonable professional fees incurred) in connection with the use of the Design, your construction project including but not limited to any negligence, act or omission by you or any of your sub-contractors or advisors or any breach of any of the terms and conditions of this website or attaching to the Services. 

 

 

Links and Third Party Content

The House Plans Website may provide links to third party websites, and some of the content appearing on the House Plans Website, or made available may be sourced from external sources. The provision of third party content is for general informational purposes only. You acknowledge that the third party content provided by House Plans is obtained from sources in relation to which House Plans has no control. House Plans does not provide any warranties to you with respect to any of the third party content it’s accuracy or otherwise and shall not be liable for any loss suffered by you in connection with your reliance on or use of such third party content. House Plans is not responsible for third party websites that link to or from the House Plans Website. House Plans does not endorse nor warrant the accuracy of any information on such third party linked sites.

 

Limitation of Liability- Other

All use of and browsing on the Website (inlcuding purchase of designs)  is at your own risk.

House Plans is not responsible for any loss whatsoever arising out of or incidental to your use of the Website. To the extent permitted by law and without limiting any of the foregoing, everything on the Website is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. As some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. Please check your local laws.

House Plans is not responsible for failure to meet any obligation under the terms and conditions where such failure is due to events beyond our reasonable control.

 

New House Plans will not be liable in any circumstances for any of the following:

  • Any loss that you may incur as a consequence of an unauthorised use of your account or your account information.

  • Any interruption or non-availability of the website during maintenance or for any other reason;

  • Any inaccuracy, error, admission, interruption, defect, failure of performance, computer virus, communication, online failure, alteration or any use of contents regardless of cause, for any damage resulting there.

  • For any loss of profits, sales, business or revenue.

  • Business interruption.

  • Loss of anticipated savings, loss of business opportunity, loss of anticipated savings.

  • Loss of Goodwill or reputation; or any indirect or consequential or punitive loss or damage howsoever arising.

  • In all circumstances the Lability of House Plans shall be limited to the sum paid by you to House Plans for the Services and if no such sum is paid by you the limit of our liability shall be $500 /€450.00.  This limitation or liability shall also apply in circumstances where the exclusion of warranties is unenforceable in any jurisdiction.

  • Any dispute or other legal proceedings will be adjudicated under the Laws of Ireland.

 

Disclaimer

By choosing to use this Website you are subject to its terms and conditions and you use the site and avail of the Services arising out of your use of this Website solely at your own risk.  House Plans is an online platform that provides designs based on information that you submit. House Plans has no liability whatsoever for any loss or damage arising out of or connected with inaccurate or incomplete information submitted by you. 

While we take every precaution in ensuring the professionality of our designs and use only licensed architects to produce the designs, architectural designs may not suit all locations or site. In addition planning, environmental, constructions and other relevant legislation, rules, guidelines, bye-laws, codes and regulations (including tax laws or code) vary from jurisdiction to jurisdiction and therefore House Plans gives no warranty as to compliance of the Website, Services or Designs with any such laws, guidelines or regulations.

Furthermore you herby undertake not to use the Website or Services in violation of such legislations, rules, guidelines, bye-laws, codes and regulations and to ensure that your use of the Services is in compliance with them. House Plans gives no warranty as to the suitability of the Website, Services or Designs for a specific project.  You acknowledge and accept that you are solely responsible for the implementation or use of any Design or part thereof, including but not limited to plans or drawings forming part of the Design and that you will take all necessary precautions such as (but not limited to) obtaining the appropriate professional architectural, engineering and or construction advice to ensure that the Designs and their use are in full compliance with your local laws and regulations, including but not limited to planning, design review requirements, construction and environmental,  and are fit for purpose including fit for the site upon which you wish to use them.

Your use of the Designs is at your own risk absolutely and House Plans disclaim all liability for any act, default or negligence arising out of the use of the Website and the Services.

 

Indemnity

You shall indemnify, defend and hold New House Plans  / Open Plan Design Ltd and Brian T O' Brien MRIAI,  harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by House Plans that arise out of, result from, or may be payable by virtue of any breach or non-performance by you of any of these Terms and Conditions or the terms and Conditions attaching to the Services. This breach includes use by third parties whether authorised or not.

 

Assignment

You may not assign or subcontract or otherwise transfer any of your rights or obligations under these Terms and Conditions to any third party without the written consent of House Plans.

 

No Waiver

If you breach the Terms and Conditions of the Website and we chose to take no action against you, we will still be entitled to use our rights and remedies in any subsequent breach of these terms by you.

 

Governing Law and Jurisdiction

These Terms and Conditions, the Website, your use thereof and the provision of the Services are governed by and shall be construed in accordance with Irish Law and are subject to the exclusive jurisdiction of the Irish Courts. Any dispute arising out of these Terms and Conditions, the Website or the provision of the Services shall be strictly subject to the jurisdiction of the Irish Courts.

 

Severability

If any of the terms and conditions are found to be invalid, unlawful or unenforceable by a competent authority, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

The above Terms Of Use  and our Terms of Sale   (as amended from time to time) together with our Privacy Notice, and as relevant our Commercial Terms-Subscribers and Commercial Terms-Architects (together with any specific sub contracts, subscription plans etc referred to in these),  constitute the entire agreement between you and House Plans and they supersede any previous agreement.

 

No Children Under 18 Years old

The Website and Services are not intended for use by anyone under the age of 16, nor does HOUSE PLANS knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to register or send any information about yourself to us.  In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that we might have any information from or about such child, please contact newhouseplans@opoplan.com

 

Changes to These Terms

Any changes made to these Terms and Conditions will be effective once posted to the Website. Your continued use of the Website constitutes your acceptance of such changes.

Your use signifies your understanding and agreement to be bound by the Terms and Conditions including the Privacy Notice.