Logo

Terms of Service

Overview of Terms of Service

Terms of Service

Version 1.0.1

Introduction

These terms of service apply to all knowledge, content, products (‘digital product(s)’) and services offered by and through architectfwd.com and its related service sites.

Your use of any of architectFWD’s services constitutes acceptance and agreement to these Terms of Service. You hereby agree to use the services within the context of these terms of service.

The Terms “Us”, “I”, “We”, “the Owner”, “architectFWD” and “architectfwd.com” all refer to the owner and operator of the site architectFWD.com and the trademark “architectFWD”. architectFWD products, services and solutions or similar are defined as artefacts, knowledge, advice, guidance and generally related information, artifacts and deliverables (all ‘digital products’) developed by the owner for general consumption or specific deliverables as part of any engagement.

Any questions regarding this policy can be directed to us through our website or email architect [@] architectfwd.com

These terms will be in force for the life of your use of the services.

Payments for services

  • Payment and payment periods are required as per any additional contract and agreement for specific engagements.

  • You agree that you will not withhold payment for services under any circumstances whatsoever. Non payment may result in termination of your account and services.

  • No refunds are given whatsoever.

Cancellation / Termination

  • Cancellation policies for any service items are as stipulated within any additional contracts and agreements.

  • No refunds or part refunds will be given under any circumstances.

  • A formal cancellation letter must be sent to us via email and state your final date of use of our services, or we will assume 7 days from date of receipt of the letter.

  • Cancellation of the use of a service must be done via email to the representative involved.

  • Cancellation may be initiated by us or yourself.

Contact Information

Reserved for future use - You are required to provide us with up to date contact information, including an email address for service of notices and correspondence. We record that the information you provide us is accurate and cannot be held responsible should you not receive notices or correspondence should the information be inaccurate.

Trademarks / Copyright

You are granted no rights whatsoever to any of the trademark as described in the architectFWD trademark policy document which you may view at https://architectfwd.com/trademark-policy. Should it be found that you are infringing upon any rights relating thereto, you may face legal action as enforceable by law.

Our policy is to follow the guidelines of The Digital Millennium Copyright Act (“DMCA”) as set out in its rules.

You will not falsely imply any association or affiliation with architectFWD, nor will you use our names, trademarks or service marks without express written permission.

You will not redistribute, rework or otherwise reformat digital content / digital products from architectfwd.com for use on other sites / services without express written permission.

You will not infer that you are the creator nor owner of any digital content / digital products that you may download or access from architectfwd.com.

Marketing

You agree that we may use your given name and business as reference for case studies and marketing. We will request your permission for specific case studies prior to doing so.

Legal / Prohibited Use

The services provided to you may be used for lawful purposes only. Any illegal activities are strictly prohibited.

We may reveal any information required by law enforcement or other legal process.

You agree that your use of these services will not violate US Export laws, and that you are not located in or under control of, nor are you a nation or resident of a country restricted by US Law.

Disclaimer and limited liability

The owner reserves all rights.

You agree that if the owner does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the owner has the benefit of under any applicable law), this will not be taken to be a formal waiver of the owner’s rights and that those rights or remedies will still be available to the owner.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with the owner or its agents under the Terms, shall be governed by the laws of New Zealand without regard to its conflict of laws provisions. You and the owner agree to submit to the exclusive jurisdiction of the courts located within New Zealand to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the owner shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The owner reserves the right to change their choice of location or jurisdiction without having to update this notice.

Limitation on and exclusion of damages

Liability is hereby expressly limited to the amount paid - in US Dollars - for a license to use any generally available deliverable (‘digital product(s)’). Deliverables for specific use in engagements with you will have their own fees and costs. Your maximum claim, if any, can be no more than the price of the quoted cost for the deliverable. No claim can be made where content or deliverables (‘digital product(s)’) are provided for free.

The owner and its agents shall in no event be held liable for any damages.

YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, LOSS OF USE OR DATA OR BUSINESS INTERRUPTION.

This limitation applies to:

  • anything related to the deliverable, document, article, content or software, including bugs/defects or technical limitations, and also includes service agreements or service levels which may or may not be associated with the hosting provider (the web host) over which the owner may or may not have control.

  • claims for breach of warranty, breach of contract, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

Deliverables (‘digital product(s)’) and /or any software is provided “AS IS”, without any express or implied warranties.

Bugs / defects found in the deliverable (‘digital product(s)’) and / or any software give no right for non payment for use of the services.

Some information may be posted by other users, such as posts in forums, over which we have no control.

Any information, tips, or help offered in the forums, blog posts, wiki, support pages as well as the more general areas of our main site architectFWD.com and the related service sites are provided “AS IS”. You use this information at your own risk.

Indemnification

You agree that you will defend, indemnify, save and hold harmless architectFWD, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney’s fees) that may arise or result from:

  • Your use of our services, solutions, deliverables and / or software

  • Services you provide which may be based on our services.

  • Any unlawful or excessive use by any other customer of architectFWD which may violate these Terms of Service.

You use our services of your own choice and agree that we are not responsible for any use of our services by yourself. You also agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

We will make a good faith effort to provide reliable access to our services, however you agree that you cannot be compensated and you cannot hold us responsible for any effects as a result of loss of service or as result of suspension of service for any reason whatsoever. Acts of God, war, terrorism, any form of natural disaster, or any circumstances beyond the owner’s control cannot be use as reasons to hold architectFWD liable for lack of service or lack of performance for any services offered whatsoever.

You are responsible for any content or data you store with our services. We cannot be held responsible for any loss of this material under any circumstances whatsoever. Should you require us to modify / change / enhance content in any specific deliverable in an engagement for you, you expressly agree that you ask us to do so and that you have no rights or recourse should the resulting content changes be error-prone or otherwise of a standard which you may or may not find acceptable. You agree that our assistance in matters of content markup of deliverables provided during or after engagements is entirely at your own risk.

You explicitly agree that should you make changes to deliverables, and that these changes break / change / modify the deliverable negatively, that you will make no claims resulting from those changes. We make no promise that we will be able to restore the previous version of any deliverable nor the content, nor do we take responsibility for any changes you make to the deliverable or content itself.

Reserved for future use - You will not disclose your user name, password or any other account information to any other party, nor will you assign, sell or transfer rights to your account to any other party. Doing so may result in termination of account.

General Use of Web Site(s) or services

Your use of the site, blog, articles, advice and knowledge or any other information as well as the more general areas of our main site architectfwd.com and the related service sites constitutes your agreement and acceptance of these Terms.

Note that some services may not be available in certain countries.

architectFWD has no obligation to monitor your use of the services, but reserves the right in it’s sole discretion to do so.

Changes to these Terms

Changes may be made to these from time to time at the sole discretion of architectFWD and its owner. We will attempt to inform you of those changes, however the responsibility remains with you to regularly check this document to ensure that you remain up to date with the changes. Your continued use of any of the services after the date of modification will constitute your acceptance of such changes.

Last updated on 09/02/2022 (09 February 2022).