This User Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Elegance Engineering Ltd., trading as Plan Checker ("Plan Checker," "we," "us," or "our"). By accessing or using Plan Checker's website, mobile application, or services (collectively, the "Platform"), you agree to be bound by this Agreement. If you do not agree, do not use the Platform.
1. Account Registration and Eligibility
1.1 Registration
To access Plan Checker's services, you must register an account and provide accurate, complete information. Registration is subject to our approval.
1.2 Eligibility
You must be at least 18 and legally capable of entering into contracts. If registering on behalf of an entity, you confirm you have authority to bind that entity.
1.3 Account Types
- Professional Account: for registered building inspectors, consultants, and construction professionals.
- Client Account: for Building Control Bodies, developers, contractors, architects, and businesses seeking building-control-related services.
1.4 Account Security
You are responsible for safeguarding your login credentials and for activity on your account. Notify us immediately of any unauthorized access.
1.5 Accuracy of Information
You agree to keep your information truthful, accurate, current, and complete. We may suspend or terminate accounts that provide false or incomplete information.
1.6 Verification Process (Scope-Limited)
Plan Checker's professional verification is limited to:
- Confirming that Registered Building Inspectors (RBIs) appear on the official Register of Building Inspectors (gov.uk) and are listed in the correct class; and
- A basic profile consistency check against publicly available information (e.g., LinkedIn/company pages).
We do not verify insurance, CPD, or wider qualifications beyond the public register. Identity checks may be carried out only where required by law or by our payment partners (e.g., anti-fraud/KYC).
2. Purpose of Plan Checker
2.1 Platform Nature
Plan Checker is a neutral digital platform that helps Users find one another, enter into service relationships, and make/receive payments. Plan Checker does not perform or control professional services, supervise Users, or act as a Building Control Body (BCB). We do not:
- Guarantee the quality, safety, or legality of services;
- Ensure the accuracy or legality of User content;
- Guarantee that Professionals will complete services or that Clients will pay;
- Create employment, agency, or joint-venture relationships with Users.
Users—not Plan Checker—are solely responsible for:
- Evaluating the suitability of any Project, Client, or Professional;
- Deciding whether to enter a Service Contract; and
- Negotiating, agreeing, and executing terms.
2.2 Services
Examples include: Plan assessments, site inspections, and building regulations consultancy. We are a facilitation platform and not a party to User contracts. Verification is as described in 1.6 and our Professional Verification Policy.
3. User Responsibilities
3.1 Compliance
Use the Platform legally and ethically, complying with applicable UK laws and regulations (including the Building Regulations 2010 (as amended), Building Act 1984, Building Safety Act 2022, and related legislations and rules).
3.2 Professional Conduct
Professionals are solely responsible for maintaining any registrations, qualifications, CPD, memberships, and insurance appropriate to their services. Plan Checker does not collect or verify these beyond the RBI register check.
3.3 Content
You are responsible for the information and materials you post. False, misleading, or inappropriate content may lead to suspension/termination.
3.4 Prohibited Activities
No fraud, IP infringement, fee circumvention, harmful/illegal content (Online Safety Act 2023), or discriminatory practices (Equality Act 2010).
3.5 Ratings and Reviews
Reviews must be honest, factual, and based on genuine experiences. Fake or malicious reviews are prohibited.
4. Fees and Payments
4.1 Service Fees
Fees are set out in our Fees Agreement (incorporated by reference).
4.2 Payment Processing
Payments are processed securely by third-party providers (e.g., Stripe). Processing issues and timing are governed by those providers.
4.3 Payment Methods
By providing a payment method, you confirm you are authorized to use it.
4.4 Non-Payment
If a Client fails to pay, we may suspend or close the account. Amounts already accrued remain payable.
4.5 VAT and Taxes
Fees exclude VAT unless stated. Users are responsible for taxes on income earned via the Platform.
5. Non-Circumvention
5.1 Period
For 24 months from first contact via the Platform, you agree to use the Platform for all payments with that counterpart.
5.2 Exclusive Platform Use
No offers/solicitations/off-platform payments with Users first identified on the Platform; no misreporting of invoice amounts; no referral to third parties for off-platform payment.
5.3 Platform Communications
Before a Service Contract is formed, use Platform messaging only. Do not share contact details or include direct contact info in profiles, proposals, or invites.
5.4 Conversion Fee
You may opt out of non-circumvention by paying a Conversion Fee of 13.5% of estimated annual earnings (min £1,000). After two years of on-platform engagement with the same counterpart, the fee reduces to a £50 admin fee.
5.5 Breach
We may charge/invoice the Conversion Fee (plus interest/costs), close your account, and recover reasonable enforcement costs.
5.6 Reporting
Report suspected circumvention to info@planchecker.co.uk.
6. Contractual Relationship Between Client and Professional
6.1 Service Contracts
Contracts are directly between Users. Plan Checker is not liable for performance or contractual obligations.
6.2 Dispute Resolution
We may offer non-binding tools to help resolve disputes but are not obligated to intervene.
6.3 Liability Disclaimer
We do not guarantee the quality, legality, or performance of services. Our verification is limited to RBI register checks.
6.4 ADR
Where applicable, consumers may access ADR under UK regulations: details available on request.
7. Consumer Rights
7.1 Application
Consumer laws (Consumer Rights Act 2015, Consumer Contracts Regulations 2013, Digital Markets, Competition and Consumers Act 2023) apply where you act as a consumer.
7.2 Cooling-Off
Consumers may have a 14-day cooling-off period for certain contracts; specifics are provided at purchase.
7.3 Digital Content
Consumer digital-content rights apply where relevant.
8. Intellectual Property
8.1 Platform Content
All Platform IP belongs to Plan Checker or licensors.
8.2 Limited Licence
Non-exclusive, non-transferable licence to use the Platform for its intended purposes, subject to this Agreement.
8.3 User Content Licence
By posting, you grant us a non-exclusive, worldwide, royalty-free licence to use/display your content for Platform provision and promotion.
8.4 Feedback
We may use suggestions without compensation.
9. Confidentiality
9.1 Confidential Information
Information exchanged to evaluate or perform services may be confidential.
9.2 Obligations
Keep others' confidential information secure, use it only for the project, and don't disclose without consent.
9.3 Exclusions
Public information, prior knowledge, lawful third-party disclosure, and independent development are excluded.
10. Records and Compliance
You are responsible for creating, storing, and backing up your business records. We have no obligation to store or return your content except as required by law.
11. Termination
11.1 By User
You may close your account at any time.
11.2 By Plan Checker
We may suspend/terminate for breach, misuse, or at our discretion.
11.3 Effect
Termination doesn't affect accrued payments/fees or ongoing Service Contracts (you remain bound until obligations are fulfilled). We may retain data as required by law.
11.4 Reactivation
Reactivation is at our sole discretion.
12. Limitation of Liability
We are not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability is capped at the lesser of £2,500 or fees retained by Plan Checker on your contracts in the six months prior to the claim.
Nothing limits liability for death/personal injury caused by negligence, fraud, or other non-excludable liabilities. Platform-operator liability is subject to UK law (including DMCCA 2023 and Online Safety Act 2023).
13. Indemnification
You will indemnify Plan Checker and its personnel against third-party claims arising from your use of the Platform, breach of this Agreement, or infringement of third-party rights.
14. Governing Law and Dispute Resolution
English law governs; courts of England and Wales have exclusive jurisdiction. Attempt informal resolution with our support team before legal proceedings. Arbitration under the Arbitration Act 1996 may be used where applicable. EU residents may use the EC ODR platform; participation is at our discretion.
15. Modifications to the Agreement
We may update this Agreement from time to time. Material changes will be notified via email or the Platform (typically with at least 30 days' notice). Continued use after the effective date constitutes acceptance.
16. Force Majeure
Neither party is liable for delays/failures due to events beyond reasonable control (e.g., labour disputes, outages, acts of government, war, pandemics, natural disasters).
17. Data Protection and Privacy
We process personal data under the UK GDPR and Data Protection Act 2018. See our Privacy Policy for details.
18. Accessibility
We aim to make the Platform accessible in line with the Equality Act 2010 and WCAG 2.1 AA and welcome feedback.
19. Miscellaneous
19.1 Severability
If any provision is invalid, the remainder remains effective.
19.2 No Waiver
Failure to enforce a provision is not a waiver.
19.3 Assignment
You may not assign without our written consent.
19.4 Entire Agreement
This Agreement plus our Terms of Use, Privacy Policy, Cookie Policy, and Fees Agreement are the entire agreement for Platform use.
20. Contact Information
For questions regarding this Agreement, contact us at:
Plan Checker (Trading Name of Elegance Engineering Ltd.)
Email: info@planchecker.co.uk
Company Registration No: 15900115
Registered in England and WalesBy using Plan Checker, you acknowledge that you have read, understood, and agreed to this User Agreement.