Terms and Conditions

DESIGN. Ahmann Design, Inc. (“We, Us, Our”) shall create a residential design (the “Plans”) pursuant to the details and specifications set forth on the Design Services Agreement Specifications document. We are not a licensed architect or engineer.

ZONING AND CONSTRUCTION. The Plans shall be in compliance with generally accepted zoning principles which may or may not be the same as the zoning laws and regulations in the locale where You will construct the Plans. We do not warrant and have not drafted the Plans to comply with Your local zoning laws and regulations. You hereby assume full responsibility to insure that the Plans are in compliance with Your local zoning laws and regulations and You assume full risk for noncompliance. You hereby indemnify and hold Us, Our principals, employees and agents, harmless from any claim, loss or liability resulting from the failure of the Plans to comply with local zoning laws or regulations or for any other breach of this Agreement attributable in whole or in part to You or Your builder. We may make suggestions on location for construction or on choice of builder, but these are recommendations only. You assume full responsibility to determine location and choice of builder and indemnify Us, Our principals, employees, and agents, against liability arising from the same. You are hereby advised to consult with an architect or engineer prior to construction of the Plans and You indemnify Us for any liability resulting from Your failure to consult with an architect or engineer.

PAYMENT. The fees and costs set forth on the Design Services Agreement Specifications document are good faith estimates only and are subject to change. Our services are billed monthly on an hourly basis at our then current rates which are subject to change without notice. You shall remit to Us a non-refundable deposit prior to commencement of work. Full payment is required prior to delivery of the final Plans to You or Your agent. We, in our sole discretion, may waive the requirement of full payment prior to delivery of the Plans. Invoices are due upon receipt. You are responsible for all taxes, duties or levies imposed on the Plans or services provided. Any payment that has not been received within thirty (30) days of its invoice date shall be charged interest at the lower of 1.5% per month or the highest legal rate. You hereby grant a security interest to Us in the Plans and construction of the Plans for any amount due and outstanding. All purchases are final and non-refundable. Plan prices are subject to change without notice.

SUBSCRIPTION SERVICES. The yearly subscription service is billed annually and provides access to Ahmann Design Inc, to a full 12-month period starting from the date of purchase. You may cancel your subscription at any time. However, cancellation does not entitle you to a refund for the unused portion of the subscription period unless otherwise specified.

CANCELLATION. The cancellation of your subscription does not void, terminate any separate agreements you may have entered into, including but not limited to design agreements, project contracts, or custom services. You are still legally obligated by the terms and conditions of those agreements unless otherwise released in writing by both parties. Additionally, all users remain subject to our Terms and Conditions which continue to apply even after a subscription is cancelled.

COPYRIGHT LICENSE AND OWNERSHIP. Except for the purchase of a study set, upon full payment of all fees and costs due to Us for the Plans, You shall receive, and You acknowledge receipt of, a nonexclusive and one-time license to use the Plans to construct a residential building. If you would like additional licenses to construct additional residential buildings from the Plans or to make copies of the Plans, You should contact Us for pricing and licensing information. Plan purchases and licenses are non-transferable. All copyrights in and to the Plans are owned solely by Us or Our affiliated companies. These Plans are protected under the U.S. Copyright of 1976, as amended. We retain the sole and exclusive rights to publish, sell copies or to create derivative works of the Plans, including, without limitation, publishing copies of the plans and designs and/or photographs of the completed/constructed house on Ahmann Design’s web site, partner websites, social media platforms and in other written or electronic media. Reproduction of the Plans without Our prior written consent is strictly prohibited and is a violation of U.S. Copyright law and You agree that You will not reproduce the Plans without Our prior written consent. Notwithstanding the foregoing, if You purchase reproducible plans, You are permitted to make a maximum of ten (10) copies for construction purposes only.

TERMINATION. Either party may terminate this Agreement upon providing the other party five (5) days written notice of its intent to terminate. You are liable for all fees and costs incurred through the date of termination. If this Agreement is terminated by You prior to Our completion of the Plans, You shall not receive the Plans or any work papers. If this Agreement is terminated by Us prior to completion of the Plans, You, after full payment of fees and costs incurred to date, shall receive only the Plans completed to date with a limited license to complete the Plans and construction of one dwelling.

INJUNCTION. In the event that You breach, threaten breach of, or We reasonably believe You will breach, any provision of this Agreement, You acknowledge and agree that We may seek injunctive relief without the necessity to post bond, or if a bond is required, You hereby consent to a bond in the lowest amount permitted by law. You hereby waive any defense to such injunctive relief.

WARRANTY AND LIMITATION OF LIABILITY. YOU ARE PURCHASING PLANS AND DESIGN SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND COMPLIANCE WITH LOCAL BUILDING OR ZONING CODES. IN NO EVENT SHALL WE BE LIABLE TO YOU, YOUR BUILDER OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT WE ARE FOUND LIABLE, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY WILL BE LIMITED TO THE AMOUNT PAID TO US UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS. This Agreement and your obligations hereunder shall be binding on your representatives, successors and permitted assigns and shall insure to the benefit of our representatives, successors and assigns. If any provision of this Agreement shall be held to be void, invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, or if by limiting such void, invalid or unenforceable provision, it would become valid and enforceable, then such provision shall be construed and enforced as so limited. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce any provision of this Agreement. We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, riots, terrorism, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, breakdown of equipment, or any causes beyond Our reasonable control. This Agreement shall be governed by the substantive and procedural laws of the State of Iowa, and any conflict of law principles which might make this choice of law ineffective shall not apply. The parties hereby irrevocably submit to (i) the exclusive personal jurisdiction and venue of the courts of Linn County, Iowa and (ii) to a waiver of the defense of an inconvenient forum. This Agreement, its exhibits and the Design Services Agreement Specifications are incorporated herein by this reference and contain the complete, final and entire agreement between the parties and supersedes any and all other discussions, representations, agreements or statements, whether oral or written, relating to the subject matter of this Agreement. In the event of a conflict between the provisions of this Agreement and the Design Services Specifications document, the Design Services Specifications document shall control. You shall be liable for all fees and costs, including reasonable attorneys’ fees, incurred by Us in enforcing any provision of this Agreement, whether or not through court action.

ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ahmann Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Ahmann Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO TERMS OF SERVICE. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.