Terms of Use

Last updated: February 20, 2021

Thank you for choosing BIMCADweb.com!

General

These Terms of Use are applicable to services provided by BIMCADweb.com (or “we”).

By Customer (or “you”) we mean the legal entity that is ordering services offered by BIMCADweb.com, any of your affiliates together with your and your affiliates’ employees and representatives.

Service

We provide interactive streaming of BIM/CAD/3D models that you ordered. Streaming services are provided based on a monthly Subscription. To order services you should place an order by filling out the form on the website or by sending an email to the Customer Service team. We will send you an order confirmation.

Data

After the order is approved, we need to receive your source data (BIM/CAD/3D model files) and process them to start streaming.

We implement and maintain physical, technical, and administrative security measures designed to protect your BIM/CAD/3D model files from unauthorized access or use. The security of your source data is our main priority. By embracing BIMCADweb.com values and being active in engaging with our customers we enhance the security posture of our services. Our mission to achieve better security, and this is made clear to all of our staff.

You hereby agree and warrant that:

• you have obtained all necessary rights, releases and permissions to use BIM/CAD/3D model for the streaming.
• BIM/CAD/3D models submission and use will not violate any Laws, or any third-party intellectual property, privacy, publicity or other rights, or any of your or third-party policies or terms governing data.
• You do not use streaming for the files that are inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;

We will not supervise whether any BIM/CAD/3D model is lawfully uploaded or distributed through the Streaming. We do not take any responsibility with regards to the validity of the BIM/CAD/3D model provided by you. We are not liable for any loss of your files of BIM/CAD/3D model.

When providing the services, we are not responsible for any access to or use of the BIM/CAD/3D models by third party within the streaming, or for the security or privacy practices of any third-party provider or its products or services. You are solely responsible for your decision to stream your BIM/CAD/3D model.

Billing and Payments

The streaming is offered on a monthly subscription basis. We bill you each month on the 1st day of the following month of service.

You agree that we provide electronic invoices as standard, which will be sent to the email address you have ordering of the Services. Printed invoices or statements can be requested for subsequent invoices via the Customer Service team (additional costs may be charged by BIMCADweb.com). Please keep the payment information provided to us accurate and up-to-date.

The invoice currency will be Euro (EUR) unless expressly otherwise agreed in writing.

The cost of the processing of the 3D model is determined when placing new orders for BIM/CAD/3D model streaming. It is stated in the order confirmation and paid in two stages: 20% in advance, 80% after the model is approved.

The prices are stated exclusive of any VAT.

We accept payment by credit card, bank transfer, or PayPal.

On your card payment, the third-party processor’s/provider’s terms and conditions will apply. You may be requested to identify yourself and credit reports may be pursued by the third-party processor/provider. Where we use a third party for payments, we will not have access to or store any payment information.

If you use PayPal, you agree to its terms and conditions.

Except as otherwise specified in your Order, unless either party cancels your subscription prior to the expiration of the current Subscription Term, your subscription will automatically renew for one month for your convenience and to avoid any interruption of service.

You will provide any notice of non-renewal by contacting our Customer Service team. Cancelling your Subscription means that you will not be charged for the next month, but you will not receive any refunds if the services have already been rendered. You must also pay for all services that have already been provided but not paid yet.

We have the right to change the prices of the services. If we change the prices, we will notify you in advance. Price changes will take effect at the start of the next month the date the prices were changed. By continuing to use the services after the price changes come into effect, you agree to be bound by the new charges.

In case of non-payment, we reserve the right to suspend, terminate and cancel our performance and the subscription. You agree to pay within the set time for the payment method you choose. We have the right to cancel/terminate the services until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.

Refunds

We do not provide refunds by reason of your dissatisfaction with the services.

Confidentiality

Each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of our technology relating to Processing or Streaming will be deemed our Confidential Information without any marking or further designation. The Receiving Party will hold in confidence and not disclose any Confidential Information to third parties and not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations and that the Receiving Party remains responsible for compliance by them.

The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document:

• was rightfully in its possession or known to it prior to receipt of the Confidential Information;
• is or has become public knowledge through no fault of the Receiving Party;
• is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
• is independently developed by employees of the Receiving Party who had no access to such information.

The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

Liability

Our liability to you will be limited as follows:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, the failure of any limited remedy to achieve its essential purpose or otherwise or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, the failure of any limited remedy to achieve its essential purpose or otherwise, shall be limited to the total sums paid by you for services under the applicable order/contract during the Subscription Period when the damage occurred. If you use the services under a trial period or otherwise free of charge, we disclaims all liability and no compensation will be paid.

WARRANTY DISCLAIMER

ALL SERVICES, STREAMING AND SUPPORT ARE PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Intellectual Property Rights

All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.

You hereby grant to us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide, sub-licensable and transferable license to identify you as a customer in advertising, media relations, trade shows, and other similar promotional activities using your name and trademarks in accordance with your trademark guidelines, if any.

Terms

These Terms are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.

Terminations

Either party may terminate these Terms (including all related Orders) if the other party:

• fails to cure any material breach of these Terms within thirty (30) days after notice;
• ceases operation without a successor;
• seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

You may choose to stop using our services and terminate these Terms (including all Orders) at any time for any reason upon written notice to us, but, upon any such termination:

• you will not be entitled to a refund of any pre-paid fees;
• if you have not already paid all applicable fees for the then-current Subscription Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable.

Changes and Additions

We may modify these Terms at any time. The latest version of the Terms will be available on BIMCADweb.com. Amendments to the terms and conditions become effective the business day following the day they are posted.