Terms & Conditions
Notice, Disclaimer and Copyrights
Please read the terms and conditions below, carefully. These terms and conditions grant you access to and use of enkcaddesigns.com (the “Site”), including any content, information, products and/or services (the “Services”) therein. This is a legal agreement between you and ENK CAD Designs cc (“Company”). ENK CAD Designs cc reserves the sole right at any time to modify, discontinue or terminate the site and its services, or modify the Terms of Service without any notice. All modified terms and/or conditions will be in effect when posted on the website (unless applicable law requires a longer notice period). Continuing to use or gaining access to the website and/or services after ENK CAD Designs cc has made any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without ENK CAD Designs cc written consent.
The Drawings are owned and/or licensed by ENK CAD Designs cc. You agree, under the License Agreement, that you will not reproduce, distribute or use this Drawings for any other purpose without the prior written consent of ENK CAD Designs cc. ENK CAD Designs cc makes no warranty that the dimensions in these drawings are accurate and free of discrepancies. ENK CAD Designs cc building plans comply with the South African National Building Regulations. No warranty is given that the plans comply with the building regulations, codes and conditions of any country outside SADC and approval by any such local authority. These drawings are provided to you “as is,” and ENK CAD Designs cc and the licensors of these drawings disclaim all warranties with respect to these drawings, whether express or implied or arising by custom or trade usage, and, specifically, make no warranty of merchantability or fitness for any particular purpose.
Under no circumstances will ENK CAD Designs cc, its resellers, its distributors or the licensors of the drawings be liable for any damages, whether arising from tort or contract, including loss of data, lost profits, cost of cover, or other special, incidental, consequential or indirect damages arising out of the use of these drawings.
The original purchaser of a house plan is licensed to build a single house from the building plan. Building two or more houses from the same building plan without any written permission by ENK CAD Designs cc, is an infringement of the home designer’s copyright. The electronic drawings you receive can only be used to build one house, if you need to build more than one house using the same building plan, you will need to purchase one set for each of the extra house.
Prices for House Plans are subject to change without any notice. Due to the extensive floor plan inventory and diverse price options available on www.enkcaddesigns.com, you may encounter data entry errors in the pricing of our house plans. ENK CAD Designs cc reserves the right to correct such errors when discovered. No order and pricing shall be final until confirmed by ENK CAD Designs cc. Payments to ENK CAD Designs cc will be made by the methods indicated on the website.
The user agrees that any modifications that may be undertaken to the house designs designed by ENK CAD Designs cc do not alter the fact that ENK CAD Designs cc continues to own the copyright and will resell the plan with the plan modification. Should the user want the modified plan not to be modified, the user will be required to pay full rate per square meter. Such modifications shall be deemed to be final, complete and acceptable to the User after 24 hours have passed, after electronic copies of the plans have been delivered without any written notice to the contrary. Plan Modifications will also be deemed to be final, complete and acceptable to the User who collects such plans from ENK CAD Designs cc offices once collection/delivery documents have been signed by the User or his representative who collects them. Drawing revisions, for any other reason, requested after this final delivery date and other than provided for elsewhere in these conditions are considered additional services and shall be billed as additional services.
The purchaser undertakes to abide and conform to their local authority, body corporate and/or Homeowner’s Association requirements. The Purchaser agrees to have read and understood all building and architectural requirements imposed by his local authority, body corporate and/or Homeowner’s Association prior to purchasing the plans and shall not in any way impose such responsibility and/or obligation to comply with such requirements on ENK CAD Designs cc. All revisions and modifications to plans required by your local authority, body corporate and/or Homeowner’s Association are not included as part of the modification services as requested by the purchaser and shall, where provided, be billed as additional services.
ENK CAD Designs cc shall assume that the client has obtained sufficient information and knowledge pertaining to all other requirements by his local authority, body corporate and/or Homeowner’s Association prior to accepting such modifications from us. Any further architectural services to make changes for compliance with local building codes will be charged as additional services. Payment for modifications is due at the time of ordering such modifications unless otherwise agreed upon in writing. ENK CAD Designs cc shall withhold the release of any drawings and/or any contract documents, if payment on invoices is not received on time. If the scope of the project or modifications is changed materially, the fees for modifications shall be adjusted accordingly.
Either party upon seven (7) days written notice may terminate the modifications agreement. If the termination is by the user, no refund of payment will be made by www.enkcaddesigns.com regardless of the time that lapsed between entering into the agreement by both parties and the time of such termination. If the termination is by ENK CAD Designs cc, a partial refund can be offered. Any such partial refunds to the Client shall be calculated at the sole discretion of ENK CAD Designs cc and shall not include any amounts paid for the original drawings purchased from www.enkcaddesigns.com by the user. Notwithstanding, all other provisions in these terms and conditions, house plans on our website were created to comply with the South African National Building Regulations and other statutory requirements.
Due to the nature of server provision, repairs, system mal-function, downtime and lost transmissions may occur to our website services. The User undertakes to allow www.enkcaddesigns.com unlimited time to undertake the necessary maintenance to resolve such downtime and/or malfunction/s. As a result, and in the event of any query arising therefore, the User undertakes to allow ENK CAD Designs cc enough time to undertake such repairs as may be necessary, without prejudice and/or liability. Furthermore, the User will provide proof for such downtime, including but not limited to dates and times in order to enable ENK CAD Designs cc to resolve any such queries that may arise. Notwithstanding the above, the User agrees to enter into this agreement at his own risk and consents that there shall be no liability, refunds or compensation for any such downtime.
Building Regulations and Legal issues:
Building regulations can vary greatly between countries and even within a country, therefore we advise you to contact your local building authorities for all necessary information regarding building your new home.