Terms and Conditions

Businesses: means incorporated and unincorporated businesses or sole traders.
Contract: means these Terms together with the Order.
Completion Fee: means the amount set out in the Order as a payment for Completion.
Completion: means the sale to the House Purchaser of the property which corresponds to the Design Model.
Customer: means a Customer Type whose details are set out in the Order.
Customer Type: means the types of customer to which these Terms will apply:
a) Businesses; and
b) Individuals.
Design Model: means the virtual design of the property stated in the Order.
End User Licence Agreement: the terms upon which a Customer may install and use the Software.
Fees: means any fees due to RV payable by the Customer for the Software and Services
House Purchaser: means a Customer who purchases the property which corresponds to the Design Model.
Individual: means a private individual who purchases the Software and Services for a purpose outside of their trade or profession.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain
names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights
to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and
rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent or forms of
protection which subsist or will subsist, now or in the future, in any part of the world.
Migration: means the migration of the Design Model to another user account.
Migration Fee: means the amount payable for the Migration of the Design Model as set out in clause 5.14.
Migration Request: a request by the Customer to migrate their Design Model to another user account.
Order: means the order form submitted by the Customer (online or by e-mail) to purchase the Software and Services.
Re-Activation Fee: the fees payable by the Customer to re-activate a dormant Customer account which are set out on RV’s website from time to time.
Renewal Fee: means the amount payable by the Customer for each 12-month period of the Term.
Term: means the duration of the Contract which shall continue for an indefinite period unless 2 otherwise stated in the Order or until terminated in accordance with clause 6.
Update: means a Software maintenance update, patch or bug-fix which does not constitute an Upgrade.
Upgrade: means a version or release of software intended to have new or improved functionality or designated by RV as an upgrade.
Transfer: means a duplication of the Design Model as set in clause in 5.13.1.
Transfer form: form used to transfer the Design Model to a new Design Model owner

(a) The clauses in these Terms shall apply to each Customer Type unless otherwise stated.

Rights of use

7.1. In consideration of the Fees paid by the Customer to RV, RV grants to the Customer a non- exclusive licence for the duration of this Contract to use the
Software on the terms of the Contract.
7.2. The Customer may not use the Software other than as specified in the Contract and the relevant End User Licence Agreement without the prior
consent of RV, and the Customer acknowledges that additional fees may be payable on any change of use approved by RV.
7.3. The Customer has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error
corrections to the Software in whole or in part except to the extent that any reduction of the Software to 7 human readable form (whether by reverse engineering,
decompilation or disassembly) is necessary for the purposes of integrating the operation of the Software with the operation of other software or systems used
by the Customer, provided that the information obtained by you during such activities is not disclosed or communicated without RV’s prior written consent to any
third party and is not used to create any software that is substantially similar in its expression to the Software.
7.4. Should RV become subject to a legal claim by a third party for the alleged infringement of any third-party Intellectual Property Rights in the Information which
the Customer has provided to RV to create the Design Model (‘Claim’), the Customer undertakes at its own expense to defend RV or, at its option, settle any Claim
or action brought against RV and shall be responsible for any reasonable losses, damages, costs (including legal fees) and expenses incurred by or awarded
against RV as a result of or in connection with any such Claim. If any third party makes a Claim, or notifies an intention to make a Claim against RV, the Customer’s
obligations in this clause 7.4 are conditional on RV as soon as reasonably practicable, giving written notice of the Claim to the Customer, specifying the nature of
the Claim in reasonable detail and not making any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the
Customer (such consent not to be unreasonably conditioned, withheld or delayed).
8. RV shall not be liable for damage resulting from causes beyond the control of RV. This includes but is not limited to damage caused by faults in lines, servers and other facilities which are not the responsibility of RV.
9. Right of Cancellation
The following provisions apply only to customers who are Individuals Right to cancel The Customer has the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from when you entered into the Contract. To exercise the right to cancel, the Customer must inform RV of its decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the model cancellation form in Schedule 1 for this purpose, but it is not obligatory. To meet the cancellation deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If the Customer cancels this contract, RV will reimburse the Customer for all payments received except as set out below. RV will make the reimbursement without undue delay, and not later than 14 days after the day on which communication is received about the Customer’s decision to cancel this Contract. RV will make the reimbursement using the same means of payment as you used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement. If the Customer has requested RV to begin the performance of services during the cancellation period, the Customer shall pay RV an amount which is in proportion to what has been performed up until the Customer communicated to RV cancellation of the Contract, in comparison with the full coverage of the Contract. The Customer acknowledges that it will lose the right to cancel the Contract within 14 days if the Service supplied under the Contract has been fully performed by RV. The cost of producing the visualisation is not pro rata over the year.
10. General
10.1. The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2. The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
10.3. Each party acknowledges that, in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this licence or not) (Representation) other than as expressly set out in the Contract.
10.4. Where requested RV will send a copy of these Terms to the Customer by e-mail.
10.5. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected

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