Acceptance of Terms
By Purchasing and Using the Products and Services of hybridCore Homes, you agree to the following Terms and Conditions:
Limited License Agreement
All products and services provided by hybridCore Homes are protected by the United States and International Copyright Laws. The Original Designer of all Instruments of Service, including plans, drawings, sketches, specifications, and other information provided is and continues to be, even after the sale, the owner of the copyright. The Original Designer is known as the Licensor. The Licensor grants through hybridCore Homes to you, the purchaser of the products and services, the Licensee, a license to use the Instruments of Service to construct a single home. Some plans contain a license agreement that allows for more than one use of the plans, but this must be specifically stated in your purchase documents. Any duplication, reuse, sale, or publication, in whole or in part, or derivative use of any plans, drawings, sketches, specifications, or any other document or Instrument of Service, beyond what is stated in your original purchase agreement, will subject you to a claim for willful infringement of the copyright laws and statutory damages up to $100,000, plus attorneys fees.
Modification of the Plans
The Limited License Agreement granted to you by the Licensor includes the right to modify the Instruments of Service to meet your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations. You acknowledge and agree that any modification of the Instruments of Service, does not alter the fact that the original designer continues to own the copyright.
Scope of Work. The scope of the Customization Services is limited to the information stated above. Designer’s Custom Change Services ends once approved drawings have been physically or electronically delivered to the Client. Drawing revisions requested after this final delivery date are considered additional services. Any and all revisions to the plans required by local building department or codes are not included as part of the Custom Change Services and if provided will be billed as Additional Services. Architectural and/or engineering services to make changes for compliance with local building codes will be charged as Additional Services.
Compensation. For Custom Change Services, compensation shall be based on the customization quote or online Custom Change pricing plus reimbursable expenses. Original pricing of custom changes are limited to the request described in the original customization request. Additional custom changes requested by the Client that were not included in the original customization request or online Custom Changes are considered additional services. Payment is due at time of purchase for Custom Change Services, unless otherwise agreed upon in writing. Payment due to the Designer and unpaid under this contract shall bear interest from thirty (30) days after the date of Invoice at 1.5% per month. HybridCore Homes may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current. If the Scope of the Project or of the Custom Change Services is changed materially, the amount of total compensation shall be adjusted.
Additional Services. Additional services requested can be provided for a flat fee or on an hourly basis plus Reimbursable Expenses.
Suspension or Termination. The Custom Change Contract may be terminated by either party upon seven (7) days written notice. If the Custom Change Contract is terminated by the Client, no refund of payment will be made by the Designer. If the Custom Change Contract is terminated by the Designer, a partial refund may be issued to the Client. If a partial refund has been deemed appropriate by the Designer, the specific amount will be determined on a case by case basis. Partial refund to the Client does not include any compensation paid for original drawings purchased from the Designer whatsoever. Original drawings provided as the basis for custom changes are not cover under this contract. No refund will be issued for Original drawings. Upon termination of the Custom Change Contract, where no refund has been issued, the Client may retain drawings that have already been the Designer for custom changes. Upon termination of the Custom Change Contract, where a refund has been issued, the Client is only entitled to the Original drawings provided to the Designer. The Original drawings will be returned within thirty (30) day from the date of termination of the Custom Change Contract. Custom Change Contract may be suspended after seven (7) days of receiving correspondence from the Designer requesting a response from the Client. Correspondence from the Designer may be written and/or verbal. Correspondence may include but is not limited to telephone calls, telephone voice messages, emails, instant messaging, text messaging, requests through project management systems, and/or letters. Custom Change Contract may be terminated after thirty (30) from the start of contract suspension. The Designer shall be compensated for all services and expenses incurred prior to receipt of written notice of termination from the Client. If the Project is resumed, after being terminated for more than one (1) months, and should the Designer agree to resume performance of service, there will be a re-activation fee at 15% of the original custom change fee. In the event the Designer does not receive the agreed compensation when due, the Designer may suspend services without breach of contract upon giving the Client written notice.
Client’s responsibility. The Client shall provide full information regarding custom changes and any additional information requested by Designer. The Client shall render approvals and decisions promptly and as necessary for the orderly progress of the Designer’s services and in keeping with the mutually acceptable schedule.
The plans you are purchasing do not have an architectural or engineering signature, seal or stamp. In addition, the plans may need to be modified to comply with your local requirements. Houseplans.com authorizes you to use the plans on the express condition that you consult a local licensed architect or engineer of your choice prior to beginning construction, and that you comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements. Many building departments require an architect or engineer to sign and stamp the plans. You must contact your local authorities to find out the local requirements for building.
All plans are designed to meet the building codes in effect at the time and place they were drawn. However, because of the great differences in geography and climate throughout the United States and Canada, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and building regulations. As a result of the differences in these codes, the plans purchased may need to be modified to comply with the local building requirements. Housplans.com authorizes you to use the blueprints conditioned upon your obligation and agreement to strictly comply with all local building codes, ordinances, regulations and requirements, including permits and inspections at the time of and during construction. Note, that the local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems can also require changes to other details in the plans.
All hybridCore Homes plans provide a general layout, design intent, and concepts for your builder to construct the house, however, the plans do not include all details that may be required by your specific builder. You agree to advise your architect, engineer and builder that the plans are not complete in every detail, and may require additional drawings or details to build the house.
The foundation plan and associated details are provided as a basic guide for a typical foundation system. However, this typical foundation system is not site or location specific. You agree to have a local architect or licensed engineer review these plans and provide a site-specific foundation design, if required. You are responsible for obtaining all required soils investigations to determine the appropriate foundations system for the site and relaying that information to your architect, engineer or builder.
The plans may include some schematic electrical, plumbing, heating or air conditioning drawings, which were drawn for the original design and locality. However, due to the wide variety of local codes and climatic conditions, the schematic drawings of these elements may not meet the building codes in your locality. You agree to have a local electrical engineer, mechanical engineer or your builder provide drawings of these components as may be required for permits and construction in your locality.
The plans may contain references of materials and manufacturers, however, these references do not represent an endorsement or recommendation by the Designer or hybridCore Homes. You and your builder are responsible for the final selection and installation of all materials used in your project, including but not limited to, proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details which are not necessarily indicated on the Plans, and over which neither the Designer nor hybridCore Homes have any control or responsibility. Note that variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details.
Your Builder’s Responsibilities
The following are your builder’s and your responsibility and for which you agree hybridCore Homes has no responsibility:
It is the responsibility of your builder to assure that all work is in accordance with the latest edition of all applicable National, State, Local Building Codes and Construction Industry Standards.
It is your builder’s responsibility to obtain the required permits and the required inspections from local governmental agencies.
It is the responsibility of your builder to check the plans prior to construction to verify all dimension and details for overall accuracy appropriate to the local conditions.
It is the responsibility of your builder to work with you on the decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimension and framing.
It is your builder’s responsibility to provide standard construction details and practices which will result in a structurally sound and weatherproof finished product. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
It is the responsibility of your builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
All sales on house plans and customization/modifications are final. No refunds or exchanges can be given once your order has started the fulfillment process.
Architects, Engineers, Signatures, Seals, Plan Stamps, and Local Codes The house plans you are purchasing do not have an architectural or engineering signature, seal and/or stamp. Consult your local building official who can tell you if a review of your plan by a licensed architect or engineer is required prior to submission of a building permit. All plans are designed to meet building codes in effect at the time and place they were drawn. Because of the great differences in geography and climate throughout the United States and Canada, each state, county, and municipality has its own building codes, zone requirements, ordinances, and building regulations. Your plan may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. We authorize the use of the plans on the express condition that you consult a local licensed architect or engineer of your choice prior to beginning construction, and strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements. Notice: Plans for homes to be built in Nevada must be redrawn by a Nevada-registered professional. Consult your local building official for more information on this subject.
Limitation of Liability
Any use of the plans, or modifications of the plans, by purchasers, builders or others is done at your own risk. All construction plans ordered through hybridCore Homes are provided “as-is” and hybridCore Homes and the Designer disclaim all other warranties, express or implied, including merchantability or fitness of purpose. It is your responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from hybridCore Homes prior to use thereof. in the event any liability is imposed on hybridCore Homes, hybridCore Homes’ liability to you or any third party is limited to an amount not to exceed the price paid for hybridCore Homes’ product. You agree to limit the Designer and hybridCore Homes’ liability to the Client and to all contractors on the project, due to any cause what-so-ever, such that the total aggregate liability of the Designer to all those named shall not exceed the amount paid for the plans to hybridCore Homes. You agree to hold harmless and indemnify the Designer and hybridCore Homes from and against all claims, liabilities, losses, damages and costs, including attorney’s fees, arising out of or connected with the conversion, modification, misinterpretation, misuse, ore reuse by others of the electronic files, drawings and data provided. hybridCore Homes is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from hybridCore Homes even if hybridCore Homes has been advised of the possibility of such damage. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by Designer to any builder, contractor, subcontractor, supplier, surety, or other person or entity, or employee of any of them, or give any rights in or benefits under this agreement to anyone other than Client and Designer.
Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by final arbitration in accordance with the Rules of the American Arbitration Association in California in the jurisdiction of the principal place of business of Houseplans.com.
Your may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Third Party Rights
These terms are for the benefit of Houseplans.com and the Original Designers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf.
This Agreement, together will any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements, whether oral or written, and may not be amended except in writing and signed by both parties.
Due to the very large number of plans and price options for those plans offered by hybridCore Homes, data entry and other errors inevitably may occur in the text and pricing shown on this website. Consequently, please be advised that hybridCore Homes reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by hybridCore Homes. Some actual photographs of houses built may contain modifications made to the plan associated with photograph and those modification are not incorporated into plan set. All construction plans ordered through hybridCore Homes are provided as-is and hybridCore Homes disclaims all other warranties, express or implied, including merchantability or fitness of purpose. The photographs placed online may differ from the actual plans, depending on the modifications performed by the owner/builder. Construction plans may not be returned for credit and/or refund under any circumstances. HybridCore Homes is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from hybridCore Homes even if hybridCore Homes has been advised of the possibility of such damage. It is the customer’s responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from hybridCore Homes prior to use thereof. In the event any liability is imposed on hybridCore Homes, hybridCore Homes’ liability to you or any third party shall not exceed the price paid for hybridCore Homes’ product.