E-DESIGN TERMS AND CONDITIONS
1. Scope of Service
The E-Design Consultation (“Project”) is a design consultation service only. All recommendations provided are suggestions aimed at enhancing the aesthetic of your space and are not intended for construction purposes. The Designer makes no representations or warranties regarding the suitability of the design for any particular purpose. The design concept is provided "as is" and without any expressed or implied warranty, including warranties of merchantability or fitness for a particular purpose. The Designer disclaims all implied warranties and guarantees regarding the design scheme.
2. Client Responsibilities
The Client agrees to provide full and accurate information about their design requirements at the initial consultation. This includes but is not limited to photos, measurements, and any other relevant details necessary to facilitate the design process.
3. Cost Estimates
The Designer will provide fixed cost estimates based on their professional judgment and industry knowledge. However, the Designer does not have control over third-party suppliers, manufacturers, laboure’s, or delivery times, and as such, cannot guarantee that prices will not fluctuate. The Designer will not be held liable for any indirect, incidental, special, or consequential damages arising from any change in prices or cost estimates, or for any economic loss, loss of revenue, or anticipated profits. The Designer’s total liability for any claim related to this Agreement is limited to the total amount paid by the Client for the services provided under this Agreement.
4. Indemnity
The Client agrees to indemnify and hold harmless the Designer from any third-party claims, losses, liabilities, damages, or expenses arising out of the Client’s negligence or actions, including any failure or omissions on the part of the Client or any third-party contractors, vendors, or suppliers engaged by the Client.
5. Communication
The Client agrees to correspond strictly through online communication unless agreed upon otherwise for phone calls, as specified in the chosen package.
6. Purchase and Construction Responsibilities
The Designer does not assume responsibility for the quality, construction, delivery, or safety of any products purchased or fabricated for the Project. The Designer is not liable for any errors, delays, or omissions on the part of contractors, subcontractors, suppliers, or vendors. The Client is responsible for verifying the fit of all recommended items within the space and ensuring that items can be delivered or installed through appropriate passages. The Client and contractor are jointly responsible for verifying all dimensions and quantities.
7. Design Boards and Proposals
All design boards, concepts, and proposals created by the Designer are subject to copyright, trademark, and other intellectual property rights. The Client acknowledges that these design materials are proprietary to the Designer and agrees not to copy, distribute, or share them with any third party without the Designer’s express written consent. Upon completion of the Project, the Client has the right to use the design outcomes solely for the intended purpose of the Project.
8. Photography and Marketing
The Client grants the Designer permission to photograph the Project at various stages and use these images in marketing, promotional, and advertising materials. These images will be used for business purposes, and the Designer will not disclose the Client's name without prior consent. The Client agrees to allow the Designer to use the description of the Project in any marketing or promotional campaigns, subject to the Client’s approval.
9. Third-Party Performance
While the Designer will perform the services in good faith, they are not responsible for the performance, quality, or timely completion of work by any third-party contractors or manufacturers. The Designer will not be held liable for any errors, delays, or changes made by third-party contractors or architects without informing the Designer. The Designer is not responsible for any issues arising from structural, mechanical, electrical, or plumbing systems, or the performance of any third-party involved in the Project.
10. Permits and Approvals
The Client is responsible for obtaining all necessary permits, approvals, and permissions required by local authorities or building management for the proposed designs or construction. The Client is also responsible for providing a location to receive, store, and unpack products before installation and for providing timely approvals throughout the Project.
11. Repairs, Replacements, and Freight Claims
The Designer is not responsible for arranging repairs, replacements, or freight claims for products purchased in connection with the recommendations for the Project. By engaging the Designer for the Project, the Client agrees to these terms and conditions.
12. In-Person Consultation
An in-person consultation, including site measuring, can be arranged within the Melbourne area for an additional fee.
TIMING
1. Payment
Full payment must be received by the Designer before any work on the E-Design Project begins.
2. Submission of Space Information
The Client must provide all necessary space information, including measurements, photos, and inspiration images, within 3 days of making payment. The Designer is not responsible for any inaccuracies in site measurements or site information provided by the Client. If the Designer measures the site in person, the Client must verify the accuracy of all measurements.
3. Initial Consultation and Follow-up
The Client agrees to schedule an Initial Phone Call within 5 days of submitting their space information. During this call, the Designer will discuss the Client’s information and may request further clarification. If additional information is required following the phone call, the Client agrees to provide this within 3 days.
4. Design Deliverables
The Designer will provide one space plan and three image boards within 2 weeks of the Initial Phone Call.
5. Client Feedback
The Client will respond with feedback and comments on the space plan and image boards within 1 week of receiving them.
6. Final Deliverables
The Designer will respond with the final image board and a product shopping list within 1 week of receiving the Client’s initial feedback.
7. Expiration of Services
The E-Design package will expire 60 days after the payment has been made. No full or partial refunds will be provided if the Client delays any of the steps outlined above.
By engaging the Designer, the Client agrees to the terms and conditions outlined above. These terms are subject to Australian consumer protection laws, including the Australian Consumer Law (ACL).
This revision incorporates key aspects of Australian law, particularly around consumer protection, indemnity, and intellectual property rights. However, it is important to consult a legal professional to ensure full compliance with Australian legislation specific to your business and industry.