Terms and conditions

1. About these terms

1.1 These terms apply whenever a business orders floor plans or EPC drawings from beaverCAD, whether through The Dam, our client portal at dam.beavercad.com, or in any other way. Together with the prices for your account, they form the contract between your business and us.

1.2 “We”, “us” and “our” mean beaverCAD, part of The Beaver Group: the trading names of a sole trader based in the UK.

1.3 “You” and “your” mean the business that holds the account or places the order, including everyone who uses The Dam on its behalf.

1.4 Our services are for businesses only, such as estate and letting agents, energy assessors and property developers. By creating an account or placing an order, you confirm you are acting for a business, and you accept these terms.

1.5 If anything we’ve agreed with you in writing conflicts with these terms, the written agreement applies.

2. Words we use

• Account: your business’s account on The Dam.
• Job: an order for a floor plan or EPC drawing of one property.
• Started: the moment a drafter begins drawing your job, shown in The Dam as ‘In progress’.
• Draft: the watermarked version of a plan that we send for you to check.
• Plan: the finished floor plan or EPC drawing, in the formats you chose, which we release when you approve a draft.
• Credit: money you’ve paid in advance, held on your account.
• Statement: a monthly list of approved jobs, for accounts that pay afterwards.

3. Our services

3.1 We draw 2D floor plans and EPC drawings from the sketches, measurements and information you send us.

3.2 Our EPC service is drawings only. We don’t visit properties, carry out surveys or energy assessments, or produce Energy Performance Certificates.

3.3 We provide our services with reasonable care and skill.

4. Your account

4.1 You can apply for an account on The Dam, or we may invite you. We may check your business before accepting your first order, and we may decline an application.

4.2 Your account holder decides who else at your business can use the account and what each person can do. You’re responsible for everything done through your account.

4.3 Keep your login details private, and tell us straight away if you think someone else has used your account.

4.4 Keep the details on your account (business name, address and contacts) correct and up to date.

5. Placing a job

5.1 You place a job through The Dam by sending us the property’s address, your sketches and measurements, and any instructions.

5.2 A job is accepted when we start work on it. We may decline a job, for example if the information is unclear or incomplete, and we’ll let you know if we do.

5.3 We aim to work quickly, but any times we give for drafts or plans are estimates. We don’t guarantee delivery times and aren’t responsible for delays.

6. What you send us

6.1 You’re responsible for the accuracy and completeness of the sketches, measurements and information you send us. Our drafts and plans can only be as accurate as that information.

6.2 You confirm that you have permission from the property’s owner, or their representative, to order the plan and to send us the property’s details.

6.3 Please don’t include owners’ or occupiers’ names or contact details in your sketches, notes or files. We don’t need them.

6.4 You keep ownership of your sketches and files, and you give us permission to use them to carry out your jobs.

6.5 Don’t send us anything unlawful, or anything you don’t have the right to share.

7. Drafts, amendments and approval

7.1 We’ll send you a draft in The Dam to check. Drafts carry a watermark and mustn’t be used for marketing.

7.2 Amendments are unlimited and free. Request them through The Dam and we’ll send you an updated draft.

7.3 Only we may amend our drafts and plans. We aren’t responsible for a plan that anyone else has changed.

7.4 When you’re happy, approve the draft in The Dam. Approving means you’ve checked the draft and accept it, and it’s when the job’s price is charged. We then release the finished plan in the formats you chose.

8. Prices and payment

8.1 The prices for your account are shown in The Dam or agreed with you in writing. Prices exclude VAT, which we’ll add where it applies.

8.2 We may change our prices by giving you at least 30 days’ notice. Changes don’t affect jobs you’ve already approved.

8.3 Prepaid credit. Unless we’ve agreed otherwise, your account uses prepaid credit. Top up by bank transfer to our account, using the reference shown in The Dam; the credit is added once the money arrives. When you approve a draft, its price is taken from your credit. You can’t approve a draft without enough credit.

8.4 Monthly statements. We may, at our discretion, let your account pay by statement instead. We’ll send a statement of the jobs approved each month, and payment by bank transfer is due within 30 days of the statement date. We may move an account between prepaid credit and statements by telling you in writing.

8.5 Credit doesn’t expire. We’ll refund unused credit on request, or when your account closes, by bank transfer to the account it came from, after taking off anything you owe us.

9. Late payment

If a statement isn’t paid on time, we may:

• pause your account, so that no new jobs can be approved until it’s paid;
• charge interest on the overdue amount at 8% a year above the Bank of England base rate, from the due date until payment, and fixed compensation for late payment, as the Late Payment of Commercial Debts (Interest) Act 1998 allows;
• recover the reasonable costs of collecting the debt, including legal costs.

10. Cancelling a job

10.1 You can cancel a job free of charge until we’ve started work on it. We start work when one of our drafters begins drawing, and The Dam shows the job as ‘In progress’.

10.2 Once we’ve started, cancelling the job costs 50% of the job’s price, to cover the drawing work already done.

10.3 If you don’t approve, cancel or ask for changes to a job within 7 days of the latest draft being sent, we may treat the job as cancelled and charge 50% of its price. We’ll remind you before the 7 days are up. The 7 days pause while a job is on hold.

10.4 Cancellation charges are taken from your credit or added to your statement.

11. Accuracy and use of plans

Please read this section carefully.

11.1 Our plans are drawn from the information you give us. Unless we agree otherwise in writing, they’re for marketing and layout guidance only. Ordering an EPC drawing is our agreement that you, or your energy assessor, may also use it for an energy assessment; the assessor remains responsible for the assessment and the certificate. Unless a plan says otherwise, it isn’t drawn to scale, and all measurements and floor areas are approximate.

11.2 Our plans mustn’t be used for valuations, lending decisions, structural or building work, planning applications, or to decide legal boundaries.

11.3 Check each draft carefully before approving it. We aren’t responsible for errors that come from the information you sent us, or that you could reasonably have spotted before approving.

12. Copyright in our plans

12.1 We own the copyright and all other intellectual property rights in our drafts and plans.

12.2 Once you’ve approved and paid for a plan, you may use it, in any media, to market, sell or let the property it shows. This permission isn’t exclusive, and you can’t pass it on to anyone else.

12.3 Without our written permission, you mustn’t sell, give or pass our plans to anyone else, including other estate or letting agents, or use them for any other property or purpose.

12.4 You mustn’t remove or hide the watermark on a draft, or use a draft in place of a plan.

13. Personal information

13.1 Our privacy policy explains how we use personal information about you and the people at your business.

13.2 Where you send us property addresses and sketches, you are the controller of that information and we handle it on your behalf as your processor. The data processing terms in the schedule at the end of these terms apply to it.

14. Suspending and closing accounts

14.1 You can close your account at any time by emailing us at hello@thebeavergroup.co.uk.

14.2 We may suspend or close your account straight away if you don’t pay what you owe, misuse The Dam, or seriously or repeatedly break these terms. Otherwise, we may close your account by giving you 30 days’ notice.

14.3 When an account closes, jobs we haven’t started are cancelled free of charge, jobs we’ve started are cancelled under section 10, anything you owe becomes due, and unused credit is refunded (section 8.5). Your permission to use plans you’ve approved and paid for continues.

14.4 We keep account and job records for 6 years after an account closes, as explained in our privacy policy, and then delete them.

15. Our liability

Please read this section carefully.

15.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t allow us to limit.

15.2 We aren’t liable for any loss of profit, business, revenue, contracts or goodwill, or for any indirect or consequential loss.

15.3 Our total liability for each job is limited to the price of that job.

15.4 Our total liability for all claims relating to personal information (data protection) is limited to £1,000.

16. Events outside our control

We aren’t responsible for delays or failures caused by events outside our reasonable control, such as internet or power failures, problems at our hosting providers, extreme weather, illness or government action.

17. Changes to these terms

We may update these terms. We’ll tell you by email or in The Dam at least 30 days before a significant change takes effect. The terms in force when you approve a job apply to that job. If you don’t agree to a change, you can close your account before it takes effect.

18. General

18.1 These terms, with the prices for your account, are the whole agreement between us about our services.

18.2 You can’t transfer your rights or obligations under these terms without our written permission. We may transfer ours, for example to a limited company we set up to run beaverCAD, or if our business is sold. We’ll tell you before we do, and it won’t reduce your rights.

18.3 If any part of these terms is found to be invalid, the rest still applies.

18.4 Nobody else has any rights under these terms.

18.5 We’ll send notices by email or in The Dam. Please send yours to hello@thebeavergroup.co.uk.

18.6 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Schedule: data processing terms

These terms apply where we handle personal information on your behalf, as your processor, under UK data protection law.

S1. What we handle. Property addresses, sketches, notes and files you send us, and anything personal they happen to contain, relating to the owners and occupiers of properties. We handle it only to produce the plans you order, for as long as we provide our services, and then for the period in section 14.4.

S2. Our commitments. We will:

• only use it to provide our services under these terms, or where the law requires (and we’ll tell you if the law requires anything else, unless we’re not allowed to);
• make sure everyone who handles it is bound to keep it confidential;
• keep it secure, with appropriate technical and organisational measures;
• help you respond to people exercising their data rights, and with your other data protection obligations;
• tell you without undue delay if we become aware of a personal data breach affecting it;
• delete it, or return it if you ask, when we stop providing our services, unless the law requires us to keep it;
• give you the information you reasonably need to show that these terms are being met, and allow reasonable audits on reasonable notice.

S3. Other companies we use. You agree that we may use our hosting provider, Infomaniak (Switzerland), to store it. We’ll tell you before adding or replacing any company that handles it, so that you can object.

S4. Outside the UK. Some members of our team work outside the UK and access this information securely through our systems. We’ll only transfer it outside the UK where UK data protection law allows it.

S5. Liability. Section 15.4 applies.