Terms and conditions of use :

1.    Introduction
1.1    These terms and conditions shall govern your use of our website.
1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
1.6    We may amend this terms of conditions from time to time and you will be notified by email. The latest updated version is dated 1st November 2018.
1.7    There is an important part of the Terms and Conditions that we would like to draw your attention to:
  www.pitchyourconcepts.com provides an online venue where individual or business who need a project completed ("homeowner", "landowner", "client" or "job poster") and architects or designers ("architect", "designer", "design professional" or "job seeker") who are willing to pitch for such project can connect with each other.
"homeowner", "landowner", "client" or "job poster" and "architect", "designer", "design professional" or "job seeker" enter into a direct contract with each other in relation to the project to be executed. www.pitchyourconcepts.com (or Vonitto Ltd.) is not a party to that contract so we are not responsible if "homeowner", "landowner", "client" or "job poster" or "architect", "designer", "design professional" or "job seeker" does not perform what they have said they will do, or if a design professional perform below required standards or incorrectly.  


2.    Credit
2.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).


3.    Copyright notice
3.1    Subject to the express provisions of these terms and conditions:
(a)    we, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.


4.      Key Definitions
4.1    By referring to:
"us", "we", "our", "ours" in these terms, we are referring to Vonitto Ltd, who owns www.pitchyourconcepts.com.
"you" means anyone using or accessing the website.
"homeowner", "landowner", "client", "job poster" means any person or company who are looking for architects or designers.
"architect", "designer", "design professional", "job seeker" means any architects or designers who want to pitch for a project.


5.    License to use website
5.1    You may:
(a)    view pages from our website in a web browser;
(b)    download pages from our website for caching in a web browser;
(c)    print pages or uploaded files from our website where related to the project you are pitching for;
(d)    print pages of pitches which had been submitted to you;
(e)    use our website services by means of a web browser,
    subject to the other provisions of these terms and conditions.
5.2    Except as expressly permitted by Section 5.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
5.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
5.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5.5    Unless you own or control the relevant rights in the material, you must not:
(a)    republish material from our website (including republication on another website);
(b)    sell, rent or sub-license material from our website;
(c)    show any material from our website in public;
(d)    exploit material from our website for a commercial purpose; or
(e)    redistribute material from our website.
5.6    Notwithstanding Section 5.5, you may redistribute our newsletter in print and electronic form to any person.
5.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.


6.    Acceptable use
6.1    You must not:
(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f)    violate the directives set out in the robots.txt file for our website; or
(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
6.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.
6.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.


7.    Registration and accounts
7.1    To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
7.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7.3    You must not allow any other person to use your account to access the website.
7.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.5    You must not use any other person's account to access the website unless you have that person's express permission to do so.


8.    Our Services and Our Fees
8.1    The service is a platform enabling connections between "homeowner", "landowner", "client" or "job poster" and "architect", "designer", "design professional" or "job seeker" seeking to pitch a project they are interested in.
8.2    We do not take part in the selection process or interaction between "homeowner", "landowner", "client" or "job poster" and "architect", "designer", "design professional" or "job seeker" in relation to the service and is not responsible for the performance of the project.
8.3    We do not have control over the quality, timing, legality failure to provide, or other aspects of the project.
8.4    We do not offer any form of insurance for "architect", "designer", "design professional" or "job seeker" and "homeowner", "landowner", "client" or "job poster" protection.       
8.5    The project pitching works in the following way:
"homeowner", "landowner", "client" or "job poster"submit project details, including estimated duration of the project, details of projects (for example, drawings, images) etc.
"architect", "designer", "design professional" or "job seeker" submits pitch to the "homeowner", "landowner", "client" or "job poster" for review. Documents can include but not limited to drawings, videos, snapshot, estimation price etc. The pitch submitted can only be viewed by the "homeowner", "landowner", "client" or "job poster".
"homeowner", "landowner", "client" or "job poster" reviews documents submitted by "architect", "designer", "design professional" or "job seeker".
"homeowner", "landowner", "client" or "job poster" select "architect", "designer", "design professional" or "job seeker" to work for them under a separate contract agreed between "homeowner", "landowner", "client" or "job poster" and "architect", "designer", "design professional" or "job seeker". We are not involved in the actual contract between Users or in completion of the project.  
"homeowner", "landowner", "client" or "job poster" updates dashboard to show that the project has been awarded and therefore no further pitches will be received.


9.    User login details
9.1    If you register for an account with our website, you will be asked to choose a user ID and password.
9.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
9.3    You must keep your password confidential.
9.4    You must notify us in writing immediately if you become aware of any disclosure of your password.
9.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
9.6    You may use your individual name or company name while registering an account. You shall acknowledge and agree that where a company name is associated with their account, the terms of conditions is a contract with the user as an individual (not the company) and remain solely responsible for all activity undertaken in respect to their account.


10.     Subscription Fees (Architects / Designers)
10.1  "architect", "designer", "design professional" or "job seeker" are eligible to sign up for free, create a profile and browse all the available projects. "architect", "designer", "design professional" or "job seeker" can also pitch for one project a month, i.e. if you sign up on 1st March, you will be given one free allowance to pitch for a project in the period of 1st to 31st of March and additional allowance in 1st April to pitch for the next project. The free pitch given every month will not be brought forward to next month if this has not been used.
10.2  For "architect", "designer", "design professional" or "job seeker" who pay a subscription fee, the subscriptions are paid in advance and we will take payment from credit card and debit card within 3 days time once you subscribe to the website. For "architect", "designer", "design professional" or "job seeker" who subscribed for a recurring payment, we will automatically take payment on the day of renewal.
10.4  We will not be responsible to you for any losses or costs that may have incurred result of not canceling your recurring payment prior to the renewal date. Cancellation of subscriptions can be requested on your profile page.
10.5  30 days notice day period shall be given for cancellation of the subscription fees.
10.6 We reserve the rights to change the allowance of free pitches and the monthly subscription fees at any time. This will be communicated to you in advance by email if you have a recurring subscription. If you do not want to proceed with the new subscription fees or changes, you may cancel your subscription before the changes come into effect.
10.7   "architect", "designer", "design professional" or "job seeker" acknowledge that we are using a third party (Paypal) to accept or make payments from and to you on our behalf.

 

11.    Cancellation and suspension of account
11.1    We may:
(a)    suspend your account;
(b)    cancel your account; and/or
(c)    edit your account details,
    at any time that we find that any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect "homeowner", "landowner", "client", "job poster" or "architect", "designer", "design professional", "job seeker". We will inform you via written email notice of such termination, and the termination will be effective immediately upon delivery of such email. You are prohibited from registering and creating a new account under your name or borrowed name, even if you are acting for a company. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action. This applies to "homeowner / landowner", "architect / designer" account with and without subscriptions.
11.2    You may cancel your account on our website using your profile page on the website.
11.3  We reserve the right to close an inactive account after a 12 months period.  


12.    Taxes
12.1    "architect", "designer", "design professional" or "job seeker" is responsible for paying any taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes are added as part of the fees billed to you, if applicable.
         "homeowner", "landowner", "client" or "job poster" shall also comply with your obligations under income tax provisions in your jurisdiction.


13.    Currencies
13.1    The user outside the UK will display rates in the local currency of that Website. Their rates are based on a conversion from the originating currency (£, pounds sterling) using indicative market exchange rate. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount. The final amount will be based shown on the payment page.


14.    Your content: license
14.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, drawings, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
14.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce for marketing purposes, store and publish your content on and in relation to this website and any successor website.
14.3    You grant to us the right to sub-license the rights licensed under Section 9.2.
14.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 14.2.
14.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
14.6    You may edit your content to the extent permitted using the editing functionality made available on our website.
14.7  We will not responsible for any accuracy and contents of the job postings or job pitches submitted by you. You shall agree that we do not manage or approve the job posting, profile or submitted pitches. All content is the sole responsibility of the person who submitted the information.
14.8    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.


15.    Your content: rules
15.1    You warrant and represent that your content will comply with these terms and conditions.
15.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
15.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a)    be libelous or maliciously false;
(b)    be obscene or indecent;
(c)    infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
(d)    infringe any right of confidence, right of privacy or right under data protection legislation;
(e)    constitute negligent advice or contain any negligent statement;
(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g)    be in contempt of any court, or in breach of any court order;
(h)    be in breach of racial or religious hatred or discrimination legislation;
(i)    be blasphemous;
(j)    be in breach of official secrets legislation;
(k)    be in breach of any contractual obligation owed to any person;
(l)    depict violence in an explicit, graphic or gratuitous manner;
(m)    be pornographic, lewd, suggestive or sexually explicit;
(n)    be untrue, false, inaccurate or misleading;
(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p)    constitute spam;
(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r)    cause annoyance, inconvenience or needless anxiety to any person
15.4    Any website link posted on the pitchyourconcepts.com, including in the project description and profile must relate to a project. An example of a permissible website address would be a portfolio of work.
15.5  You may display sponsor advertisement and promotions on our website blog. You acknowledge that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisement or promotion in our website.   
15.6  Our website includes a map feature that will display an approximate location of the "architect", "designer", "design professional" or "job seeker" and Project location to the person browsing the Website on that map. You acknowledge that this location is used based on the information provided using the first part of your postcode (i.e. EC1V) in the UK. You must never disclose in any project posted, personal details such as street number, phone number or email address in any project description.   
15.6  You acknowledge that the project may be removed after 30 days of closing application / pitching date.


16.    Limited warranties
161    We do not warrant or represent:
(a)    the completeness or accuracy of the information published on our website;
(b)    that the material on the website is up to date; or
(c)    that the website or any service on the website will remain available at all time.
16.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
16.3    To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16.4  It is the "architect", "designer", "design professional" or "job seeker" responsibility to ensure that they hold all necessary insurance, before commencing the job.
16.5  It is the "homeowner", "landowner", "client" or "job poster" responsibility before entering a contract with "architect", "designer", "design professional" or "job seeker", by checking their insurance cover, guarantees, qualifications and any other important information.  


17.    Limitations and exclusions of liability
17.1    Nothing in these terms and conditions will:
(a)    limit or exclude any liability for death or personal injury resulting from negligence;
(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)    limit any liabilities in any way that is not permitted under applicable law; or
(d)    exclude any liabilities that may not be excluded under applicable law.
17.2    The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:
(a)    are subject to Section 17.1; and
(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
17.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
17.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
17.5    We will not be liable to you in respect of any loss or corruption of any data, database or software.
17.6    We will not be liable to you in respect of any special, indirect or consequential loss or damage. If there are disputes between users or third party on this website, you understand that we are under no obligation to become involved.
17.7    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).


18.    Reviews / Feedbacks
18.1    We do not manage or approve the content of the reviews or feedbacks submitted by the "homeowner", "landowner", "client" or "job poster". Any objections to the review shall be brought to our attention by sending us an email at info@pitchyourconcepts.com. We reserve the right to remove any reviews that are not fair or unreasonable.
18.2  You should understand that we are not responsible for the content posted by any "homeowner", "landowner", "client" or "job poster". The "homeowner", "landowner", "client" or "job poster" is responsible for his or her own evaluation or feedback on the work completed.   
18.3  You shall not do anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating where we believe our feedback system may be subverted.
18.4  Our feedback system belong to us and may not be used for any purpose other than facilitating the provision of services. You may not use the "homeowner", "landowner", "client" or "job poster" feedback for any other use including marketing purposes, without the "homeowner", "landowner", "client" or "job poster" and our prior written consent. 


19.    Blog
19.1    You acknowledge that we are not responsible for the content of the blog posts on this website. The blog content writer is responsible for his or her own work.


20.    Breaches of these terms and conditions
20.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)    send you one or more formal warnings;
(b)    temporarily suspend your access to our website;
(c)    permanently prohibit you from accessing our website;
(d)    block computers using your IP address from accessing our website;
(e)    contact any or all of your internet service providers and request that they block your access to our website;
(f)    commence legal action against you, whether for breach of contract or otherwise; and/or
(g)    suspend or delete your account on our website.
20.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
20.3    We also have the right to disclose your identity to any third party who is claiming that any content posted by you to our website constitutes a violation of their intellectual property rights.


23.    Variation
23.1    We may revise these terms and conditions from time to time.
23.2    We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
23.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.


24.    Assignment
24.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
24.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.


25.    Severability
25.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
25.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


26.    Third party rights
26.1    A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
26.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

27.    Entire agreement
27.1    Subject to Section 17.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.


28.    Law and jurisdiction
28.1    These terms and conditions shall be governed by and construed in accordance with English law.
28.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.


29.    Our details
29.1    This website, www.pitchyourconcepts.com is owned and operated by Vonitto Ltd.
29.2    We are registered in the UK under registration number 9906029 and our registered office is at 71-75 Shelton Street, Covent Garden London, WC2H 9JQ.
29.3    You can contact us via email at info@pitchyourconcepts.com