These Terms and Conditions (“Terms”) govern the provision of interior design services by HOMEBUILDERSIDEAS – INTERIOR DESIGN STUDIO (“we,” “us,” or “our”) to you, the client (“you” or “Client”). By engaging our services, you agree to be bound by these Terms. Please read them carefully.
1. Services
1.1 We provide professional interior design services, which may include, but are not limited to:
- Concept Development and Design Planning
- Space Planning and Layout
- Mood Boards and Material Selection
- 3D Renderings and Visualizations
- Furniture, Fixture, and Equipment (FF&E) Specification
- Lighting Design
- Custom Design Solutions
- Project Coordination and Management (as agreed upon)
1.2 The specific scope of services for each project will be detailed in a separate written agreement, proposal, or contract (“Project Agreement”) signed by both parties. The Project Agreement will outline the deliverables, timelines, fees, and any other specific terms related to your project.
1.3 We do not provide architectural or structural engineering services. It is the Client’s responsibility to ensure that any structural changes or modifications comply with all applicable building codes and regulations and are approved by a qualified professional. We can recommend such professionals if required.
1.4 We are not a general contractor. While we may coordinate with contractors and tradespeople on your behalf, we do not directly employ or supervise them. The Client is responsible for entering into separate contracts with contractors and tradespeople for the execution of the design.
2. Client Responsibilities
2.1 You agree to provide us with accurate and complete information regarding your project requirements, preferences, budget, and any existing conditions of the space.
2.2 You agree to make decisions and provide feedback in a timely manner as requested to avoid delays in the project timeline.
2.3 You are responsible for obtaining any necessary permits, approvals, or consents required for the project from relevant authorities (e.g., homeowners’ associations, building management, local councils).
2.4 You agree to provide us with reasonable access to the project site as necessary for consultations, measurements, and the implementation of the design.
2.5 You are responsible for ensuring the project site is safe and accessible for us and any other parties involved in the project.
3. Fees and Payment
3.1 Our fees for services will be outlined in the Project Agreement and may be structured as a fixed fee, hourly rate, percentage of the project cost, or a combination thereof.
3.2 A deposit, as specified in the Project Agreement, is typically required upon signing the Project Agreement to commence work.
3.3 Invoices will be issued according to the payment schedule outlined in the Project Agreement. Payment is due within [Number] days of the invoice date.
3.4 Late payments may be subject to a late payment fee of [Percentage]% per month or the maximum amount permitted by law, whichever is lower.
3.5 Expenses incurred on your behalf, such as travel costs, printing, sample purchases (as agreed upon), and other out-of-pocket expenses, will be billed separately and are payable upon receipt of an invoice.
3.6 All fees and expenses are exclusive of applicable taxes (e.g., GST, HST, VAT), which will be added to the invoice where applicable.
4. Changes and Revisions
4.1 Requests for changes or revisions to the agreed-upon scope of services or design plans must be submitted in writing.
4.2 We will provide a written estimate for any additional fees and/or adjustments to the project timeline resulting from the requested changes. Work on the changes will commence only upon your written approval of the revised scope and fees.
4.3 The Project Agreement may specify a limited number of revisions included within the initial fee. Additional revisions beyond this limit will be billed at our standard hourly rate.
5. Intellectual Property
5.1 All design concepts, drawings, plans, specifications, 3D renderings, and other documents created by us (“Design Materials”) are and shall remain the intellectual property of HOMEBUILDERSIDEAS – INTERIOR DESIGN STUDIO.
5.2 Upon full payment of all fees due, you are granted a non-exclusive, non-transferable license to use the Design Materials solely for the purpose of implementing the interior design project for the specific property identified in the Project Agreement.
5.3 You may not reproduce, distribute, modify, or use the Design Materials for any other project or purpose without our prior written consent.
6. Confidentiality
6.1 Both parties agree to keep confidential all non-public information shared during the course of the project, including but not limited to project details, pricing, business practices, and personal information.
6.2 This confidentiality obligation shall survive the termination of the Project Agreement.
7. Termination
7.1 Either party may terminate the Project Agreement in writing with [Number] days’ notice if the other party materially breaches these Terms or the Project Agreement and fails to cure such breach within [Number] days of receiving written notice of the breach.
7.2 You may terminate the Project Agreement for convenience at any time by providing written notice. In the event of termination for convenience, you will be responsible for payment of all fees and expenses incurred up to the date of termination, plus a termination fee equal to [Percentage]% of the remaining fees outlined in the Project Agreement (or a reasonable fee for work performed if a percentage isn’t applicable).
7.3 We may terminate the Project Agreement immediately if you fail to make payments as required or if you become insolvent or bankrupt.
7.4 Upon termination, you shall immediately cease all use of the Design Materials, unless otherwise agreed upon in writing.
8. Disclaimer of Warranties
8.1 We will perform our services with reasonable skill and care, consistent with industry standards.
8.2 We do not warrant that the final outcome of the project will exactly match the Design Materials due to factors beyond our control, such as variations in materials, availability of products, and the execution of work by third parties.
8.3 Except as expressly stated in these Terms, we disclaim all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or the Project Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount of fees paid by you to us under the Project Agreement.
9.2 In no event shall we be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, or business interruption, even if we have been advised of the possibility of such damages.
10. Indemnification
10.1 You agree to indemnify and hold harmless HOMEBUILDERSIDEAS – INTERIOR DESIGN STUDIO, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
* Your breach of these Terms or the Project Agreement.
* Your use of the Design Materials.
* The acts or omissions of any contractors or tradespeople engaged by you.
* Any claims arising from the project site.
11. Project Timeline
11.1 Project timelines outlined in the Project Agreement are estimates and are subject to change due to factors beyond our control, including but not limited to client delays in providing feedback or approvals, changes in scope, availability of materials or products, and delays caused by third parties.
11.2 We will make reasonable efforts to adhere to the project timeline and will communicate any anticipated delays to you as soon as reasonably practicable.
12. Photography and Publicity
12.1 We reserve the right to photograph the completed project for our portfolio, website, social media, and other promotional materials. We will make reasonable efforts to remove or obscure any personally identifiable information from such photographs unless you provide your explicit consent otherwise.
12.2 You may request in writing that photographs of your project not be used for publicity purposes.
13. Governing Law and Dispute Resolution
13.1 These Terms and the Project Agreement shall be governed by and construed in accordance with the laws of [State/Province] without regard to its conflict of law principles.
13.2 Any dispute arising out of or relating to these Terms or the Project Agreement shall be resolved through [Choose one or a combination: mediation, arbitration, or litigation in the courts of [State/Province]].
14. Entire Agreement
14.1 These Terms, together with the Project Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
15. Severability
15.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Waiver
16.1 The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. Notices
17.1 All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or sent by email to the addresses specified in the Project Agreement or to such other address as either party may designate in writing.
18. Contact Information
If you have any questions about these Terms, please contact us at:
HOMEBUILDERSIDEAS – INTERIOR DESIGN STUDIO
Email: contact@homebuildersideas.com