These conditions shall apply to the Contract for the supply of goods and/or services by the supplier – “Astounding Interiors to the person to whom they are supplied, to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any purchase order confirmation or order of similar document. Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you. By paying our invoice you have consented to our terms and conditions below.
1) In performing professional services, Astounding Interiors shall exercise reasonable care and competence and shall carry out its duties in a professional manner.
2) Any agreement between the Client and Astounding Interiors, and any dispute arising from that agreement will be governed by the Laws of England and Wales and any action resulting shall take place in the Courts of England and Wales.
3) The Client shall comply with his/her obligations under the Construction (Design and Management) regulations, including the appointment of a competent Planning Supervisor. The Interior Designer shall also comply with the Construction (Design and Management) Regulations where applicable
4) The Client will supply all necessary information and give all necessary approvals/decisions to the Interior Designer for the proper and timely execution of the Project. If instructions are not forth coming the Interior Designer cannot be held responsible for ensuing delays.
5) The Client will appoint and reimburse for the services of any other consultant as requested by the client. Astounding Interiors will not be responsible in any way for the competence and performance of their services. In certain circumstances where Astounding Interiors employs a specialist or craftsman direct, Astounding Interiors will be responsible for the proper execution of their work.
6) The Client shall instruct the making of applications for planning permission and approval under the building acts, building regulations, health and safety regulations and other statutory requirements, and applications for agreement by freeholders or any others concerned with the project and whose permission is required.
7) No right or licence is granted under the Contract to the Client under any patent, trademark, copyright, registered design or other intellectual property right except the right to use the goods supplied. In particular the copyright of the Astounding Interiors in designs supplied remains with the Interior Designer.
8) Astounding Interiors shall not be liable for any loss or damage whatsoever arising from termination of appointment. Any such notice shall be given by either the Client or the Interior Designer in writing.
9) Times and dates quoted for delivery of goods or materials or completion of any work are to be treated as an approximate estimate based on current trading conditions and the Interior Designer shall not be held responsible for delays outside its control.
10) Astounding Interiors will not be held responsible for client’s goods left at the premises of the Astounding Interiors or his suppliers for whatever reason. Clients are responsible for the insurance of their own goods with their own insurance company.
11) Special custom made items cannot be cancelled once manufacturing has commenced. Payment for all such items is in full in advance. Standard items might be subject to a cancellation charge or restocking fee from the manufacturer or supplier if cancelled or returned.
12) All goods remain the property of Astounding Interiors until paid in full. Goods may not be rejected for any reason other than that they are defective.
13) All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.
14) The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
15) No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and
expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
16) Unless otherwise agreed in writing, the balance of payment will be due before works starts or full on project completion (e.g. on delivery of printed plans & items, delivery of PDF): failure to make final payment at this point may result in delays in project delivery.
17) If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
18) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.
19) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note point’s number 3, 4, 5 and 7 above and how this could have an impact on time scales.
20) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images etc.) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).
21) Costs provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
22) Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
23) At the end of each stage of the process the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
24) Costs provided allow for occasional meetings at key stages for a reasonable length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
25) Unless otherwise specified, costs quoted exclude the following where relevant: VAT; print; commissioned illustration, photography or stock images; image retouching; image scanning; copywriting; postage, in-house colour print-outs and travel exceeding that allocated within the ‘standard disbursement charge’ above; web hosting (it will often be a prerequisite to host on one of our competitively priced servers, particularly if a website incorporates an e-commerce or content management system); couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
26) In addition to design services, the agency works closely with sign manufacturers and installers, photographers, illustrators, architects and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
27) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Astounding Interiors. Full copyright and ownership of all ‘commissioned’ work will reside with Astounding Interiors until full payment has been received, at which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
28) Astounding Interiors will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing,
29) If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; outlined EPS file etc). However the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an DWG, InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Astounding Interiors for non-exclusive future use.
30) The agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
31) The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
32) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
33) The agency offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure on going quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers.
34) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Astounding Interiors where possible (for instance printed on the mood boards or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
WORK TO BE PERFORMED
1) TERMS AND CONDITIONS
Astounding Interiors agrees to produce a full conceptual design of the project using Mood boards and sample boards including when applicable a three-dimensional original Design, at the request of the Client for fees agreed upon in advance and to deliver the Design by an agreed-upon deadline and submission method. The Design will be created by Steve Ward (the “Designer”) personally, with drawings and
rendered images produced by a team of draftsmen being supervised by Steve Ward. Initial Conceptual Designs will be submitted to the Client in a two-dimensional format. Once the Client approves the design elements of the original concept, three-dimensional design images will be forwarded to the Client for approval and revisions. Astounding Interiors will cooperate with the Client in editing and otherwise reviewing the Design prior to completion and delivery. When specified final renderings will be provided in full colour high-quality three-dimensional imagery.
Unless requested in writing by the Client, Astounding Interiors can use any Design we produce on its website (http://www.astoundinginteriors.co.uk) or any other social media accounts to illustrate Designer’s ability for portfolio and marketing purposes. The specific location of the project may be disclosed please inform us if you wish this not to be the case.
Client agrees to pay Designer an agreed sum plus applicable taxes, via Bank transfer for the Design, which will be received by Astounding Interiors prior to measurements being taken and the commencement of the Design Process. Initial & Subsequent telephone consultations are free of charge and Client will not be billed. Additional design time outside the signed contract will be charged at £90.00 per hour, should the client not sign the contract and work has been undertaken by Astounding Interiors on their behalf. The Design fee includes two revisions of the initial Design Concept. Further revisions will be billed at £90.00 per hour, with up to 4 people working on the project at one time, to be paid by bank transfer within 14 days. Incidental expenses such as long distance phone calls, postage, and courier service, are absorbed by Astounding Interiors for the presentation stages but if contracts and supply stage is not fulfilled billing at £90 hour per person attending will be billed for.
Either party may terminate this Agreement upon material breach by giving ten (10) days written notice, provided however that the breaching party be given a reasonable opportunity to remedy such breach. Upon termination, all use of the publicity rights and materials shall cease. In the event that the Client terminates this Agreement, any work which has commenced by Astounding Interiors will be billed out at a rate of £90.00 per hour per person working on the project. Deposit Retainer is non-refundable.
5) WARRANTY AND INDEMNIFICATION
The obligations of Astounding Interiors under this Agreement are for the benefit of only the Client and shall not relieve the Builder or Builders hired to build the project of their own responsibility under their agreement with the Client. The Builder of the project must check the measurements indicated on the Design prior to construction, in order to confirm accuracy, Astounding Interiors will accept no responsibility for contractors outside there own appointment. If the Client provides their own measurements for the space for which the Design is intended, the Client will not hold Astounding Interiors liable for any discrepancy in those measurements. If a discrepancy is found in the measurements obtained by a person sent by Astounding Interiors to procure those measurements, corrections will be made to the drawings, without delay, at the expense of Astounding Interiors. Astounding Interiors may give recommendation of a particular Builder to the Client; however, this is solely intended as an aid to the Client and is in no way a warranty of the workmanship or product offered by the Builder. The Client agrees to indemnify, defend and hold Astounding Interiors and their affiliates, successors, assigns, officers, directors, agents, representatives and employees harmless from and against any and all actions, suits, proceedings, claims, demands, assessments, judgments, losses or liabilities (collectively, “Claims”), including, without limitation, reasonable legal fees, costs and expenses incident to any of the foregoing, arising out of or in connection with the construction of the structure and/or space designed by Astounding Interiors.
This Agreement may not be assigned by either party without the consent of the other.
7) FULLY INTEGRATED AGREEMENT; WRITTEN MODIFICATION ONLY
This Agreement contains the full and entire agreement between the Parties and supersedes all prior agreements, understandings, and arrangements, oral or written, between the Parties with respect to the subject matter hereof. There are no other terms and conditions, representations or understandings except those set forth in this Agreement. No other agreement or understanding purporting to modify or supplement this Agreement, nor any promise made by any representative of either Party, shall be binding on that party unless confirmed in writing and signed by that Party. Astounding Interiors reserves the right to amend this Agreement from time to time.