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Platform Terms of Use

These terms of use (“Terms”) are an agreement between professional construction industry service providers (“Builder(s)”) and customers (“Customer(s)”) (together, “you”) on the one hand, and Beams Renovation Limited, a company incorporated in England and Wales (registered no. 14380384) whose registered office is at 1 Blossom Yard, Fourth Floor, London E1 6RS (trading as “Beams”) on the other hand.

BACKGROUND

Beams licenses and operates the website at www.beamsrenovation.com (the “Website”), and mobile applications for Builders and Customers (separately the “Builder App” and “Customer App”, and together the “Applications”). 

The Website and Applications are online portals where individuals and businesses can schedule, plan, design, book, and pay for renovation design, materials and services provided by independent Builders ("Building Services") under direct contracts with Customers (the Home Improvement Contract). Beams is not a party to these contracts and does not provide Building Services. Beams’ role is limited to operating the Platform and facilitating payments as the Builder’s disclosed agent.

These Terms govern your right to access and use the Website, the Applications and related services (together, the “Service(s)”). As used herein, “Beams” or “we” and its derivatives refer to Beams Renovation Limited. 

Please read these Terms carefully before using or accessing the Services. By using the Website, installing an Application or accessing the Service (or any element of them) you: (i) agree to be bound by these Terms and any future amendments and additions to these Terms as published from time to time; (ii) represent you are of legal age in your jurisdiction of residence to form a binding contract with Beams; and (iii) represent that you have the authority to enter into these Terms personally and on behalf of any company, organisation or other legal entity on whose behalf you use the Services and to bind that entity to these Terms. 

If you do not agree to these Terms, please do not use the Services. Beams can revise these Terms at any time by updating this posting, and your use of the Services after such change signifies your acceptance of the changed Terms. Please check these Terms periodically for changes. Where changes are material, Beams will also communicate them via the Platform or email.

If there is any conflict between these Terms and the Builder Agreement, Home Improvement Contract or Customer Agreement, the provisions of those agreements shall prevail.

CUSTOMER TERMS

The Services allow a Customer to submit a request for Building Services and define the requirements for their renovation project (a “Project”), including the scope and specifications (the “Project Requirements”). Project Requirements can be viewed by a Customer accessing their account on the Website or Applications (together, the “Beams Platform”). Customers agree to pay the Project Fee (as defined in the Customer Agreement), which may include a Platform Access Fee, Design Consultation Fee, Procurement Fee, Materials Fee, Optional Support Fee, Construction Fee, and any Change Fee. Customers enter into a Home Improvement Contract (“HIC”) directly with their chosen Builder, which incorporates the HIC Work Order. All Construction Fee payments must be made through the Platform in line with the Payment Milestones. Customers must not make direct payments to Builders outside of the Platform.

By submitting any text, images, graphics, logos, folders, photos or other materials (“Content”) to the Website, Applications or Services, Customer grants Beams a worldwide, non-exclusive, royalty-free, fully paid right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute such Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. Customer represents and warrants to Beams that they have all rights necessary to grant Beams the foregoing rights to such Content, and that their Content does not infringe or violate any third party’s proprietary rights (including intellectual property, privacy and publicity rights).

AI TOOLS AND OUTPUTS

Some of our planning and design features use artificial intelligence (“AI”). These tools are there to help you explore ideas and scope your project, but they’re only suggestions. They don’t replace a professional site survey, detailed drawings or compliance checks. Builders are still responsible for checking measurements, feasibility and building regulations, and customers are responsible for making final decisions about their project. Because AI outputs can contain errors or miss important details, you shouldn’t rely on them as definitive. Beams isn’t liable for any issues that arise from relying only on AI outputs.

BUILDER TERMS

Builders sign a Builder Agreement with Beams upon joining the Beams network, and subsequently sign a HIC with the Customer. 

The Customer then enters into a HIC directly with the Builder. The Total Fee (as defined in the Builder Agreement and set out in the HIC Work Order) is payable by the Customer through the Platform, with Beams deducting the Builder Fee before releasing the balance to the Builder. Builders must not accept payment directly from Customers outside the Platform.

Builder acknowledges that all content is the sole responsibility of the party from whom such content originated. This means that each user, and not Beams, is entirely responsible for all information, data, and other content that that user posts, transmits or otherwise makes available through the Services (“Builder Content”). Beams has no obligation to pre-screen any content. Builder uses all Builder Content at its own risk. Without limiting the foregoing, Beams reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Beams shall have the right to remove any content that violates these Terms or is otherwise objectionable.

Beams does not claim ownership of any Builder Content Builders make available on the Services. However, when Builder posts or publishes Builder Content, Builder represents that they have all of the necessary rights to grant Beams the licence set forth below. Except with respect to Builder Content, Builder agrees that Builder has no right or title in or to any content that appears on or in the Services.

Subject to any applicable Account settings, Builder grants Beams a right to copy, use, and display Builder Content (in whole or in part) and create derivative works from Builder Content for purposes of operating and providing the Services. Builder hereby grants Beams a nonexclusive, irrevocable, perpetual, worldwide, sublicensable licence to use and create derivative works of Builder Content for its own business purposes, including without limitation, to improve the Services, analyse users’ use of the Services, and develop new services.

All Changes (as defined in the HIC) must be processed through the Platform or via DocuSign. Once accepted, a Change Order updates the HIC and becomes binding. Builders must not agree Changes directly with Customers outside of the Platform.

Builders may enter into separate agreements with Customers for Unconnected Projects (projects not related to a HIC). However, Builders must disclose such projects to Beams if they occur within 12 months of completing a HIC, and pay any applicable Extension Fee as set out in the Builder Agreement.

REGISTRATION

You may register for an account for the Services (“Account”) when you use the Services. When registering an Account, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by any unauthorised users and agree not to share your Account or password with anyone. You further agree to notify Beams immediately of any unauthorised use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. Beams reserves the right to remove or reclaim any Accounts at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Beams. You will be solely responsible for all access to and use of the Services by anyone using your account whether or not such access to and use of your account is actually authorised by you, including, without limitation, all communications and transmissions and all obligations (including financial obligations) incurred through such access or use. Upon any termination, suspension, or expiration of your contractual relationship with Beams, you must immediately cease use of and access to the Services unless otherwise expressly permitted by Beams in writing.

ANTI-CIRCUMVENTION

To protect the integrity of the marketplace, you agree not to solicit or enter into agreements for Building Services off the Platform with service providers you were introduced to on the Platform for twelve (12) months from initial introduction, unless expressly permitted by Beams. Beams may charge or recover the platform fees that would have applied.

PROHIBITED CONDUCT

You must not use the Services to engage in fraud, harassment, discrimination, unsafe or unlawful practices, share others’ personal data without consent, upload malicious code, or otherwise interfere with the operation of the Platform. Beams may suspend or terminate accounts and remove content that violates these Terms. 

All users of the Platform must comply with the Beams Code of Conduct (as amended by Beams from time to time). The Code sets out the standards of behaviour expected of customers, builders, suppliers and others using the Platform. Breach of the Code may result in warnings, suspension of access, termination of this Agreement, or other action by Beams in accordance with the Platform Terms of Use.

LINKS TO THIRD PARTY SITES AND THIRD PARTY SERVICES

The Website and Applications may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Beams and Beams is not responsible for the contents or privacy policies of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Beams is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beams of the site or any association with its operators.

Certain services made available via the Website and Applications are delivered by third party sites and organisations, such as payment processing which are provided by a payment processor. By using any product, service or functionality originating from the Website or Applications, you hereby acknowledge and consent that Beams may share such information and data as is required to allow the third parties with whom Beams has contractual relationships to provide the requested product, service or functionality, including sharing Customers’ personal information with Builders in connection with soliciting Builders to complete a Project, as set forth in our Privacy Policy found at www.beamsrenovation.com/privacy.

With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. With respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional licence rights with respect to use of the Application on a shared basis within your designated family group.

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application licence, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Terms are between you and Beams and not with the App Store. Beams, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your licence to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.

In addition to the Apple App Store Terms of Service, the following terms apply to any App Store Sourced Application:

  • You acknowledge and agree that (i) these Terms are concluded between you and Beams only, and not Apple, and (ii) Beams, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Beams and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Beams.
  • You and Beams acknowledge that, as between Beams and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • You and Beams acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Beams and Apple, Beams, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and Beams acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your licence of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your licence of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:

  • You acknowledge and agree that (i) the Terms are concluded between you and Beams only, and not Google, Inc. (“Google”), and (ii) Beams, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Terms of Service;
  • Google is only a provider of Google Play where you obtained the Google Play Sourced Application;
  • Beams, and not Google, is solely responsible for its Google Play Sourced Application;
  • Google has no obligation or liability to you with respect to Beams’s Google Play Sourced Application or these Terms; and
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to Beams’s Google Play Sourced Application.

Beams may share information with its payment provider as necessary to process payments through the Platform and to comply with law.

INTELLECTUAL PROPERTY

You are granted a nonexclusive, nontransferable, revocable licence to access and use the Website, Applications and Services strictly in accordance with these Terms. This licence expressly does not permit any resale or commercial use of the Website, Applications or their contents; any reverse engineering of the Website, Application or Services; any derivative use of the Website, Application or Services; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website, Application or Services. Except as otherwise specifically provided on this Website or an Application, redistribution, retransmission, republication or commercial exploitation of the contents of the Website, Application or the Service are expressly prohibited without the written consent of Beams and any copyright owner from whom we have obtained a licence.

As a condition of your use of the Services, you warrant to Beams that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services  in any manner which could damage, disable, overburden, or impair the Website or Applications or interfere with any other party's use and enjoyment of the Website or Applications.

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website or Applications, is the property of Beams or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.

FEEDBACK

Beams is pleased to hear from its users, however you agree that Beams will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to Beams (“Feedback”), including via e-mails or telephone calls. Any such Feedback is provided on a non-confidential basis with no obligation by Beams to keep such information secret. By uploading or otherwise providing any Feedback to Beams, you hereby grant Beams, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.

DISCLAIMER OF REPRESENTATIONS OR WARRANTIES

To the maximum extent permitted by law, the Website, Applications and Services are provided “as is.” Beams does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of non-infringement, fitness for a particular purpose or merchantability. We do not warrant that the Services will be error-free or that defects will be corrected. Beams will not be responsible for any damages or loss that may result from the hacking or infiltration of the Website, Applications or Beams computer systems. The information, software, products, and services included in or available through the Website, Applications or Services may contain technical inaccuracies, outdated information and typographical errors.

Beams makes no other representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or supplies obtained by or from third parties, including Building Services provided to Customers. Customers acknowledge and agree that the entire risk arising out of their use of the Building Services or third party supplies remains solely with Customer, to the maximum extent permitted by law or as set out in the Customer Agreement.

LIABILITY DISCLAIMER AND RELEASE

To the maximum extent permitted by law, in no event shall Beams, its group companies and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or other damages whatsoever including, without limitation, damages for loss of use, lost profits, property damage arising out of or in any way connected with (i) the use or performance of the Website, Application or Services, (ii) the delay or inability to use the Website, Applications or Services, (iii) the provision of or failure to provide the Services or Building Services, (iv) any information, software, supplies or services obtained through the Website or Applications or Services, (v) any relationship or transaction between Customers and Builders, or (vi) otherwise arising out of the use of the Services, suppliers or Building Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Beams or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Service, or with any of these terms, your remedy is to discontinue using the Service (in addition to any remedies set out in any signed contracts).

To the fullest extent permitted by law, and if, notwithstanding the foregoing exclusions, it is determined that Beams or its agents, employees, officers, directors or parents is liable for damages, in no event shall Beams’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Website, Applications, or Services, exceed the greater of (i) £100 or (ii) the amount earned by Beams, if any, in connection with supplies or services obtained by you through the Service in the six months before the claim accrued.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Beams, its officers, directors, employees, agents, parents, affiliates and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of (i) your use of the Website, Applications or Services in a manner not authorised by these Terms, (ii) your violation of any of these Terms or your use or misuse of the Services, (iii) your violation of any rights of a third party (iv) your violation of any applicable laws, rules or regulations, and (v) your Content. Beams reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beams with respect to such defence, including without limitation in asserting any available defences.

TERMINATION

Beams reserves the right, in its sole discretion, to terminate these Terms, without notice. These Terms shall continue to apply for as long as you use the Services, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, limitations of Beams’s liability and the resolution of disputes.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Beams from our offices within the United Kingdom. If you access the Service from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Beams content accessed through the Website or Applications in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Building Services are not available outside of the United Kingdom at this time.

JURISDICTION AND CHOICE OF LAW

This Agreement will be governed by, and construed in accordance with, the laws of England and Wales, and the courts of England and Wales shall have jurisdiction in relation to any disputes arising from this Agreement.

PRIVACY

Please see our Privacy Policy at www.beamsrenovation.com/privacy for information regarding the collection and use of personal information from the Website and Applications.

Despite any representations concerning privacy, Beams reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Website or Applications may include additional or different terms relating to the use of personal information collected from such areas or pages.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beams as a result of these Terms or use of the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

A party’s failure to enforce any part of these Terms will not be considered a waiver. You may not transfer any of your rights or obligations under these Terms to anyone else without Beams’s written consent.

Unless otherwise specified herein, these Terms, together with the Project Requirements, constitutes the entire agreement between you and Beams with respect to the Website, Applications and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beams with respect thereto. It is the express wish of the parties that these Terms and all related documents be written in English.

CONTACT

Beams welcomes your questions or comments regarding these Terms or your Project:

Mail: 17 Hanbury Street, London E1 6QR
Email: hello@beamsrenovation.com
Telephone: 0203 480 7667