Terms of Use
Archiby.com Terms of Use
(Belgium – Archiby)
The following Terms of Use (“Terms”) set out the rights, obligations, and responsibilities applicable between natural and legal persons who make use of the services of Archiby.com (“Site”) (“User” or “You”) and Archiby BV, established in Belgium (“Archiby”, “We” or “Site Owner”). Any person who accesses or uses the Site is deemed to have accepted these Terms.
Archiby is a Belgium-based platform that brings together professionals operating in the fields of architecture, construction and design with individuals and organisations requesting services in these areas, within a trust-based control and reference mechanism.
1. Definitions
1.1. Site: The website at the internet address Archiby.com and all subdomains, web pages, applications, services and related technology platforms offered at this address.
1.2. User: Any natural or legal person who accesses the Site with or without registration, browses the Site, generates content, posts a job/project, submits an offer or otherwise performs transactions on the Site.
1.3. Member / Account Holder: A User who registers on the Site, creates a membership account and can use the Site’s functionalities such as posting jobs/projects, submitting offers, messaging, etc.
1.4. Corporate Member: A legal or natural person operating in the fields of architecture, engineering, construction, material production/supply or related areas, who creates a registered professional or company account on Archiby after undergoing certain verification processes.
1.5. Job Posting / Project Request: An announcement on the Site that defines a project or service need and is open to the submission of offers by persons/teams under the “Expert” or “Professional” categories.
1.6. Offer: A service proposal submitted by member experts for a project defined by the job owner, including the price, delivery period and description of the work.
1.7. Content: All kinds of text, photographs, drawings, videos, logos, graphics, code, documents, material catalogues, company profiles and similar data shared via the Site, as well as informational materials provided by the Site.
1.8. National Material Library: The online database provided by Archiby in which material catalogues, manufacturers and suppliers, technical information and contact details are listed together for information and reference purposes.
2. Scope and Acceptance
2.1. These Terms are binding on all natural and legal persons who wish to access the Site, use the Site and benefit from all services offered on the Site (for example: creating job/project postings, submitting offers, messaging, file sharing, submitting complaints, reviewing the material library, facilitating payments, etc.).
2.2. By registering on the Site, visiting the Site or carrying out any transaction via the Site, you are deemed to have read, understood and accepted in advance all of these Terms.
2.3. If you do not accept all provisions of these Terms, you must not use the Site or register as a member.
3. Membership and Account Creation
3.1. Conditions for Becoming a Member
• In order to become a Member on the Site, you must be a natural person who is at least 18 years of age and has full legal capacity, or a legal person acting through an authorised representative.
• The personal and corporate information requested from you when creating an account must be accurate, complete and up to date. If false, misleading or incomplete information is provided, Archiby may suspend or terminate your account without prior notice.
3.2. Account Security
• You are solely responsible for the confidentiality and security of your account information such as username, email address and password. You must not share this information with third parties.
• You are responsible for keeping your password secure, preventing unauthorised access and monitoring any suspicious activity.
• If you believe that your account is being used or has been subject to an attempted use by unauthorised persons, you must immediately change your password and notify Archiby.
3.3. Account Closure and Suspension
• You may terminate your membership at any time by using your account settings or by contacting Archiby via written/electronic notification.
• If a breach of these Terms, applicable legislation, principles of good faith and fairness, or suspicion of fraudulent activity is detected, Archiby may temporarily suspend or permanently close your account without prior notice.
4. Scope and Use of the Service
4.1. The Site is an online platform that brings together, primarily in Belgium but also in other countries, Users who require services such as architecture, interior and exterior design, construction, refurbishment/renovation, landscaping, technical implementation and material supply with corporate members and professionals operating in these fields.
4.2. The main services offered by the Site can be summarised as follows:
• Creating Job Postings / Project Requests: Members can create postings by specifying their projects, service needs, approximate budgets and delivery periods.
• Submitting Offers: Corporate members or other members with expert profiles can submit offers to postings, sharing service proposals that include price, scope and delivery period.
• Messaging and Communication: Private messaging is provided between the job owner and the expert/corporate member who submits an offer; project details can be clarified through these channels.
• Evaluation, Complaints and Supervision: After completion of the project, the parties may evaluate each other, leave comments and, where necessary, submit complaints. Archiby may review complaints regarding corporate members and, where it deems appropriate, may take measures such as suspending membership, issuing warnings or placing the member on a national blacklist.
• National Material Library: Users can review material catalogues, technical data and contact information belonging to different manufacturers and suppliers all in one place; this information is intended to make it easier to find the right product from the right supplier.
4.3. Pages such as “About Us”, “How It Works”, “FAQ” and similar informational sections on the Site are prepared to guide Users. These contents may be updated from time to time; the binding texts are these Terms of Use and the most recently published texts on the Site.
4.4. Archiby reserves the right to continuously improve its services; features, category structures and the operating model may be modified over time.
5. User Obligations
5.1. General Obligations
• You undertake to use the Site and the services only for purposes that are lawful, consistent with public order, with the principles of good faith, and in compliance with these Terms.
• You must not engage in any unlawful activity, including but not limited to fraud, money laundering, unfair competition, copyright infringement, trade secret infringement, defamation, insult, hate speech, or the sharing of obscene or violent content.
• You are obliged to refrain from any actions (spam, attacks, data scraping, etc.) that may threaten the security of the Site or other Users or hinder their use of the Site.
5.2. Obligations of Job Owners
• The job owner is responsible for ensuring that project and job posting information is accurate, current and not misleading. The budget, job description, scope, delivery period and special conditions must be indicated as clearly as possible.
• The final decision regarding the selection of the expert/corporate member and the conclusion of a service contract belongs to the job owner. Archiby is not a direct party to the contract between the parties.
5.3. Obligations of Experts / Corporate Members
• Experts and corporate members declare that the offers they submit via the Site are real, feasible and compliant with the posting requirements.
• They are obliged to act in accordance with the scope, quality standards and delivery period specified in their offer.
• The transfer, use and licensing conditions of intellectual and industrial property rights relating to the works to be delivered must be clearly regulated in the contract to be concluded between the job owner and the expert/corporate member.
5.4. Content Sharing and Responsibility
• By uploading any text, image, drawing, project, catalogue, logo or other material to the Site, you are deemed to declare that you hold the right to use such material and that it does not infringe the intellectual property rights of third parties. Otherwise, you bear all legal, criminal and financial liability that may arise.
• Archiby reserves the right to subject user-generated content to preliminary review, to edit it, remove it from publication or restrict access to it; however, it is under no obligation to do so.
6. Intellectual Property Rights
6.1. All trademarks, logos, designs, graphics, software, code, databases, texts, images, signs and all other works and elements on or provided through the Site are subject to intellectual and industrial property rights owned by Archiby or third parties who have granted the relevant licences to Archiby.
6.2. Users may not reproduce, distribute, publicly transmit, commercially use or create derivative works from any content on the Site without the prior written consent of Archiby.
6.3. Intellectual property rights over the content uploaded by Users to the Site remain with the Users, but they grant Archiby a transferable and sublicensable right of use, with or without time limitation, worldwide, restricted to the purposes of promoting the Site, using the content as reference and providing the services of the Site.
6.4. Archiby is under no obligation to check the accuracy or legal compliance of user content in terms of intellectual property; full responsibility in this respect lies with the relevant User.
7. Third-Party Links and Services
7.1. The Site may from time to time contain links to third-party websites, service providers or external content (such as payment infrastructure, map services, video hosting, social media plug-ins, etc.). These links may be outside the direct control of Archiby.
7.2. Archiby does not guarantee the accuracy, currency, reliability or legal compliance of third-party links or content. The use of such services is entirely at the User’s own responsibility.
7.3. It is the responsibility of the User concerned to comply with the terms of use and privacy policies of third-party services.
8. Fees and Payment Terms
8.1. In return for the intermediary services provided via the Site, Archiby may charge a commission, service fee or subscription fee to the job owner or the expert/corporate member. The applicable fees, rates and payment terms will be announced separately on the Site or clearly displayed at the time the relevant service is provided.
8.2. Commission rates, subscription conditions and other fees may vary depending on criteria such as project budget, type of service, geographical scope and similar factors.
8.3. Payments may be made through secure payment infrastructures provided or integrated by Archiby (such as bank/credit card, bank transfer, online payment services, etc.). It is aimed to take reasonable and up-to-date technical measures regarding the security of the payment infrastructure.
8.4. Disputes relating to payments will, in principle, be resolved within the framework of the contractual relationship between the job owner and the expert/corporate member. Archiby merely plays a technical intermediary role and is not the final decision-making authority regarding claims, debts, refunds or similar matters between the parties.
9. Limitations of Liability and Disclaimer
9.1. Archiby does not undertake that the Site will be uninterrupted, error-free or fully protected against all attacks. Archiby cannot be held liable for any direct or indirect damages that may arise from the temporary interruption of access to the Site due to maintenance work, technical failures or third-party-related issues.
9.2. The content available on the Site is for informational purposes only. It does not constitute professional advice, engineering verification or legal consultancy. The User is obliged to use any information and content obtained through the Site at their own discretion and, where necessary, by obtaining expert advice.
9.3. All legal, technical and financial responsibility arising from contracts concluded between Users, in particular between job owners and experts/corporate members, lies with the respective parties. Archiby does not assume any direct responsibility for the quality, duration, suitability, legal compliance or performance of the work.
9.4. Archiby cannot be held liable for any compensation claims relating to loss of profit, loss of reputation, data loss, business interruption or any other indirect, special or incidental damages arising from the use of the Site.
10. Privacy and Protection of Personal Data
10.1. Archiby attaches great importance to the protection of Users’ personal data. Personal data obtained via the Site are processed in accordance with the applicable data protection legislation, in particular the European Union General Data Protection Regulation (GDPR/AVG).
10.2. The purposes for which personal data are collected, how they are processed, with whom they are shared, how long they are stored and the rights of Users are explained in detail in the “Privacy Policy and Cookie Policy”. By using the Site, Users are deemed to have read and accepted this policy as well.
10.3. The payment infrastructures used during financial transactions carried out on the Site are selected, as far as possible, in line with international security standards, and reasonable technical measures are applied. However, Archiby cannot be held directly liable for security breaches by third-party payment providers.
11. Postponement, Termination and Amendments
11.1. Archiby reserves the right to amend, suspend, add new features to or terminate the services specified in these Terms in whole or in part.
11.2. Amendments to the Terms enter into force upon their publication on the Site. It is the User’s responsibility to keep themselves informed of such amendments. Continued use of the Site constitutes acceptance of the updated Terms.
11.3. If the User no longer wishes to use the Site, they may close their account. Closure of the account does not remove the processes of deletion, anonymisation or retention of data for the period required by law, in accordance with the applicable data protection legislation.
12. Third-Party Content Providers and Advertising
12.1. Certain advertisements, banners, sponsored content or promotions on the Site may belong to third parties. Responsibility for the legal compliance, intellectual property and accuracy of such content lies with the relevant third parties.
12.2. Archiby does not provide any guarantee as to the accuracy or reliability of such third-party content and advertisements and cannot be held liable for any damages arising from actions you take based on such content.
13. Governing Law and Jurisdiction
13.1. These Terms are governed by and shall be interpreted in accordance with the laws of the Kingdom of Belgium, without regard to its conflict of laws rules.
13.2. Subject to mandatory consumer protection rules, the courts of Brussels and the competent enforcement authorities shall have jurisdiction over any disputes arising out of or in connection with these Terms.
13.3. The parties accept as a basic principle that they will first seek to resolve disputes amicably and in good faith before resorting to judicial proceedings.
14. Contact Details
You may submit any questions, opinions, suggestions or complaints to us via the following contact channels:
• Address: Excelsiorlaan 31, 1930 Zaventem, Belgium
• Phone: +32 456 90 19 67
• E-mail: info@archiby.com
15. Effective Date
These Terms of Use entered into force on 01 June 2024 and are accessible via Archiby.com. Archiby reserves the right to update these Terms where necessary.