Terms & Conditions

These Terms and Conditions govern access to and use of Archinet, including user accounts, forums, downloadable templates, workflow tools, advertising, partner listings, and e-commerce (subscriptions and digital product sales).

This draft is structured to align with South African online contracting and consumer rules, including: – Electronic Communications and Transactions Act requirements for e-commerce disclosures, order review/correction, secure payment systems, cooling‑off rights, transaction records, and non-excludable consumer protections. 

• Consumer Protection Act requirements for plain-language, conspicuous notice of limitation/indemnity clauses, restrictions on unfair terms, fixed-term cancellation notice rules, and direct marketing cooling‑off rights (where applicable). 
• Protection of Personal Information Act requirements for direct marketing consent/opt-out, security safeguards, and security compromise notifications, supported by Information Regulator guidance. 

Architectural content on Archinet is provided as general informational and workflow support only. It is not a substitute for professional appointment, statutory certification, or project-specific compliance confirmation. Requirements under the National Building Regulations and Building Standards Act and SANS 10400 must be verified against current official sources. 

Legal review is required before publication, including: refund treatment for digital downloads under e-commerce cooling‑off rules; subscription classification (month-to-month vs fixed term); jurisdiction/costs clauses for consumers; and partner vetting representations.

Acceptance and scope

1. Binding agreement
   1. By accessing or using the Website, creating an Account, purchasing a Digital Product, taking out a Subscription, posting on the Forum, or placing Advertising, you agree to these Terms.
2. Plain-language and consumer rights
   1. These Terms are intended to be read as plain language. Certain clauses limiting risk or liability or requiring indemnities must be brought to a Consumer’s attention in a conspicuous manner before checkout or acceptance.
3. Separate policies
   1. These Terms incorporate, by reference:
      1. the Privacy Policy (data protection and processing);
      2. the Cookie Policy (if published separately);
      3. any published Refund Policy and Advertising Policy (if published separately).
         Where a policy conflicts with these Terms, the more specific policy for that feature governs, subject to non-excludable statutory rights.
4. Supplier identification and mandatory disclosures
   1. Where Archinet offers goods/services by electronic transaction, Archinet must make certain supplier and transaction information available on the Website (including legal status, physical address, email, registration number for juristic persons, pricing including taxes/fees, payment method, delivery/supply timing, refund policy, and security/privacy information).
      The Website must also provide the Consumer an opportunity to review the transaction, correct mistakes, and withdraw before placing an order. 
5. Legal entity: Independent Architectural Services (Pty) Ltd or other appointed operating entity
   1. Registration number: [●]
   2. Physical address for legal service: [●]
   3. Contact email: [●]
   4. Telephone: [●]
6. Secure payment
   1. Archinet will use a Payment Gateway and must use a payment system that is sufficiently secure with reference to accepted technological standards. Liability for damage caused by failure to do so is addressed in the Electronic Communications and Transactions Act. 
7. Eligibility, accounts, and access control
   1. You must be at least 18 years old to create an Account or purchase Digital Products or Subscriptions.
   2. If you use the Website on behalf of a company/practice, you warrant that you are authorised to bind that entity.
8. Account registration
   1. You must provide accurate, current information and maintain it.
   2. You are responsible for safeguarding login credentials and all activity on your Account.
      
9. Account security and suspicious activity
   1. Archinet may suspend Accounts where there is suspected unauthorised access, fraud, credential sharing, or payment abuse
10. Free services
    1. Free services may include general articles, limited tools, selected downloads, limited Forum access, and external links. Free services may change or be discontinued.
11. Paid services
    1. Paid services may include:
       • Subscriptions (recurring access to premium tools/content);
       • Digital Product purchases (templates, packs, calculators, dashboards);
       • Advertising and Partner Listings.
         Pricing and included features must be disclosed on the Website, including the full price and any taxes/fees.
12. Service availability
    1. Archinet does not guarantee uninterrupted availability. Maintenance and operational outages may occur.
13. Subscriptions, billing, refunds, and cancellations
    1. Subscription billing
       • Subscriptions are billed in advance on a recurring basis (monthly or annually as displayed).
       • Your Subscription renews automatically unless cancelled through your Account settings or by written notice as specified on the Website.
14. Fixed-term and month-to-month classification (legal review required)
    1. If a Subscription is treated as a fixed-term consumer agreement, Consumers may cancel with 20 business days’ notice, subject to any reasonable cancellation charge permitted by law. 
    2. If a Subscription is month-to-month, Archinet should still allow cancellation through self-service controls and confirm the effective end date in writing/email.
15. Refunds for Subscriptions
    1. Unless required by law, Subscription fees are non-refundable once a billing period has started, except where Archinet materially fails to provide the paid service.
    2. This clause must be applied subject to statutory cooling‑off and cancellation rights where applicable.
16. Cooling-off rights for electronic transactions
    1. For qualifying electronic transactions, Consumers may have a right to cancel without reason and without penalty within 7 days (goods: after receipt; services: after conclusion), with limited charges allowed.
       Certain transactions are excluded from this cooling‑off right under the Electronic Communications and Transactions Act (including, for example, customised/personalised goods and unsealed software).
       Legal review required: classification of Templates/Digital Products under these exclusions and the practical refund model for instant-download content.
17. Direct marketing cooling-off
    1. Where a transaction results from direct marketing and the Consumer Protection Act applies, a Consumer may rescind within 5 business days after conclusion or delivery (as applicable), and the supplier must refund payments within the statutory timeframe.
       This CPA cooling‑off does not apply if the ECT Act cooling‑off applies to that transaction.
18. Chargebacks and payment disputes
    1. If you initiate a chargeback without first using Archinet’s dispute process, Archinet may suspend your Account pending resolution.
    2. Archinet may provide transaction logs and access records to the Payment Gateway and bank to respond to chargebacks.
19. Digital Products, downloads, and licence terms
    1. Digital delivery
       • Digital Products are supplied electronically. Delivery is complete when the download link is made available or when access is granted to the paid feature area.
20. Licence to use Templates and Digital Products
    1. Subject to payment (where applicable), Archinet grants you a limited, non-exclusive, non-transferable, revocable licence to use Digital Products for your internal work and projects.
    2. You may not resell, redistribute, share publicly, upload to public repositories, or provide Templates to third parties as “stock documents” unless the product expressly allows multi-user or redistribution rights.
21. Standards and third-party rights (SANS and similar)
    1. Where SANS standards are referenced, they are not reproduced as standards content and must be obtained from the authorised publisher. 
    2. The South African Bureau of Standards web guidance indicates that standards purchased via its store are typically licensed for single-user use, with separate multi-user subscription licensing options. 
22. Professional use disclaimers and compliance boundaries
    1. No professional advice or appointment
       • Archinet Content (including tools, templates, checklists, and guidance notes) is informational and workflow-support material only. It is not:
       • legal advice;
       • statutory certification;
       • a professional appointment;
       • a compliance confirmation for any specific project.
23. Building and planning compliance responsibility
    1. A person may not practise in the statutory architectural registration categories unless registered in that category under the Architectural Profession Act, and non-registered persons may not perform identified work reserved for registered categories. 
    2. Archinet does not verify that Users are registered unless expressly stated for a specific feature.
    3. Where Archinet references SACAP-related professional practice information, Users remain responsible for confirming current regulatory requirements.
24. Architectural profession regulation
    1. A person may not practise in the statutory architectural registration categories unless registered in that category under the Architectural Profession Act, and non-registered persons may not perform identified work reserved for registered categories. 
    2. Archinet does not verify that Users are registered unless expressly stated for a specific feature.
    3. Where Archinet references SACAP-related professional practice information, Users remain responsible for confirming current regulatory requirements. 
25. User conduct and prohibited uses
    1. Prohibited conduct
       You may not:
       • post unlawful, defamatory, hateful, harassing, fraudulent, or misleading material;
       • upload confidential third-party material without authority;
       • infringe Intellectual Property Rights;
       • scrape, reverse engineer, or abuse the Website’s technical systems;
       • distribute malware, attempt unauthorised access, or interfere with service availability;
       • impersonate any person or misrepresent professional registration status.
26. Professional misrepresentation
    1. You may not represent yourself as registered with South African Council for the Architectural Profession or any other regulator unless you are currently registered, and you may not use protected titles unlawfully.
27.  User Content, moderation, takedown, and repeat infringers
    1. User Content, moderation, takedown, and repeat infringers
       • Users are responsible for User Content they post.
       • Archinet does not endorse User Content and is not responsible for professional reliance on User Content.
28. Licence grant for User Content
    1. You grant Archinet a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and distribute your User Content on the Website for the purpose of operating and promoting the Website and Forum, subject to the Privacy Policy
29. Moderation
    1. Archinet may remove, restrict, or disable access to User Content that breaches these Terms, violates law, or creates platform risk.
30. Notice-and-takedown process (ECT Act)
    1. Archinet will implement a notice-and-takedown process for unlawful activity and infringement claims consistent with the Electronic Communications and Transactions Act framework, including written notices identifying the complainant, the right infringed, and the offending material/activity.
31. Repeat infringer policy
    1. Archinet may suspend or terminate Accounts of Users who repeatedly infringe Intellectual Property Rights or repeatedly upload Prohibited Content.
    2. Archinet may retain basic records of takedown notices and actions for audit and dispute purposes.
32. Advertising, affiliate links, and partner listings
    1. Advertising content
       • Advertising must be clearly identifiable as promotional content where required, and must not be misleading.
       • Archinet may reject or remove advertising that is deceptive, unlawful, or inconsistent with platform standards.
       • Affiliate links and sponsored content disclosure
         Where affiliate links or sponsored content are used, Archinet will disclose the commercial relationship on the relevant page or placement.
       • Partner Listings and referrals (recommended clauses)
       • Partner Listings and referrals are informational directories and do not create:
         • a client-professional relationship with Archinet; or
         • any guarantee of performance, quality, pricing, availability, or compliance by the listed partner.
33. Privacy, POPIA, and cookies
    • Privacy Policy cross-reference
      Archinet processes personal information in accordance with the Privacy Policy and POPIA requirements including openness, security safeguards, and data subject participation rights. 
34. Direct marketing consent and opt-out
    Direct marketing by electronic communications is prohibited unless the data subject has consented or is an existing customer under the statutory conditions, and each marketing communication must include sender identity and a method to stop communications.
35. Security compromise notifications
    Where required, Archinet must notify data subjects of security compromises and provide information enabling protective measures.
36. Cookies
    Archinet uses cookies and similar technologies as described in the Privacy Policy/Cookie Policy. Users can manage cookie settings in their browser, but some functionality may be affected.
37. Third-party services and external links
    1. Third-party services
       Third-Party Services (including Payment Gateways) are subject to their own terms and policies. Archinet is not responsible for third-party outages or failures.
38. External links
    The Website may link to external sites. Archinet does not control external sites and is not responsible for their content, security, or privacy practices.
39. Warranties, disclaimers, limitation of liability, and indemnity
    1. General disclaimers
       Archinet provides the Website, tools, and content “as is” and “as available”. Archinet does not warrant that content is complete, current, or suitable for any specific project without professional review and local authority confirmation.
40. Consumer statutory protections not excluded
    Any clause that purports to exclude non-excludable consumer protections is void to the extent of that conflict under e-commerce consumer protection rules.
    The CPA also prohibits terms that waive/deprive Consumers of CPA rights or avoid CPA duties and prohibits limitation/exemption for gross negligence.
41. Limitation of liability (non-consumer and permitted consumer use)
    To the maximum extent permitted by law:
42. Archinet is not liable for indirect, consequential, or special damages arising from use of the Website or reliance on content
43. Archinet’s total liability for a paid transaction may be limited to the Fees paid for that specific Digital Product or the most recent Subscription billing period, unless prohibited by law.
44. Conspicuous notice required: limitations and indemnities must be presented to Consumers in accordance with CPA notice requirements (plain language; conspicuous; before checkout; adequate opportunity to comprehend).
    1. indemnity
       You indemnify and hold Archinet harmless against claims arising from:
       • your User Content;
       • your unlawful use of the Website;
       • your infringement of third-party Intellectual Property Rights;
       • your misrepresentation of professional registration or competence.
45. Conspicuous notice required for Consumers.
    1. Suspension, termination, and account deletion
       • Suspension and termination by Archinet
         Archinet may suspend or terminate your Account and access if you breach these Terms, engage in fraud, misuse content, post Prohibited Content, or create legal/operational risk.
46. Termination by User
    You may request Account deletion, subject to:
    1. transaction record retention;
    2. dispute handling;
    3. legal compliance and security requirements.
47. Records, electronic contracting, and audit trail
    1. Electronic records and retention
       Archinet may retain transaction and consent records in electronic form where the information remains accessible for later reference and can be associated with date/time and origin/destination, consistent with electronic record retention rules. 
48. Order completion controls
    Archinet will provide order review/correction/withdrawal steps before final checkout where e-commerce transactions occur.
49. Disputes, governing law, and jurisdiction
    1. Internal dispute process
       • Step 1: written complaint submitted to [support email] with transaction ID and details.
       • Step 2: Archinet acknowledges receipt and investigates using platform logs and payment records.
       • Step 3: Archinet issues a written outcome and, where applicable, a refund/credit/rectification decision.
50. Regulatory complaints (consumer context)
    Consumers may lodge complaints with the National Consumer Commission where applicable.
51. Governing law
    These Terms are governed by the laws of the Republic of South Africa
52. Jurisdiction and costs 
    1. Non-consumer disputes: Archinet may nominate the High Court with jurisdiction over Archinet’s registered address.
    2. Consumer disputes: jurisdiction and cost provisions must not undermine statutory consumer rights or create unfair terms.
53. Changes to these Terms and general clauses
    1. Changes and notice
       Archinet may update these Terms by publishing updated Terms on the Website and updating the “Effective date”. Material changes should be communicated to Account holders via email or in-platform notice.
54. Severability
    If any clause is invalid, the remaining clauses remain effective to the extent legally possible.
55. Entire agreement
    These Terms, together with referenced policies, constitute the entire agreement for Website use
56. Force majeure
    Archinet is not liable for failure to perform due to events beyond reasonable control (including infrastructure failure, payment network outages, cyber incidents, and governmental action).
57. Contact
    Legal notices and support queries:
    Email: [●]
    Physical address: [●]
    Telephone: [●]

Consumer rights and statutory disclosures

This section is intended as a compliance checklist for implementation. It does not replace the numbered Terms.

• E-commerce pages should display the supplier identity and transaction information required by the Electronic Communications and Transactions Act, including pricing inclusive of taxes/fees and return/refund policy, and should allow consumers to review/correct/withdraw prior to order placement. 
• Consumers may have statutory cooling‑off cancellation rights in qualifying electronic transactions, and those rights cannot be excluded by contract. 
• CPA limitations/indemnities must be conspicuous and accepted before checkout, and CPA prohibits clauses that waive CPA rights or exclude liability for gross negligence. 
• POPIA direct marketing requires consent or an existing-customer basis under statutory conditions, and every marketing message must include identity and a stop mechanism. 

Practical implementation notes

• Contract formation and audit trail
  • Use click-wrap acceptance (checkbox) for Terms at account creation and at every paid checkout.
  • Store: timestamp, IP address, user ID, Terms version hash/ID, checkout ID.
  • Retain transaction records in a form accessible for later reference with date/time and origin/destination traceability. 
• CPA conspicuous notice requirements
  • Present limitation of liability and indemnity clauses as a separate checkbox at checkout for Consumers. 
• POPIA consent capture
  • Separate marketing consent from Terms acceptance.
  • Provide opt-out link in every marketing email/SMS and maintain a suppression list. 
• Dispute handling workflow
  • Ticketing system with immutable log entries.
  • Attach payment gateway reference, download/access logs, and communications.
  • Target response time in policy (e.g., 5–10 business days) and escalation path.
• Takedown workflow
  • Publish a takedown notice email address and minimum notice requirements aligned to the ECT Act. 
  • Maintain a repeat-infringer register linked to Accounts and payment identities.

By using Archinet, you agree to the Terms and Conditions, Privacy Policy, and any posted refund and advertising policies. Archinet provides informational architectural workflow content and digital products and does not provide project-specific professional advice or statutory compliance certification. Paid services are supplied by electronic transaction with applicable consumer rights under South African law, and Accounts may be suspended or terminated for misuse, unlawful conduct, or infringement.