ONLINE CLIENT CONTRACT
General:
CLIENT will provide DESIGNER with access to the Project and all information DESIGNER may need to complete the Project. It is the CLIENT’S responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this Project.
DESIGNER will supply instructions for the taking of measurements for the space to be designed, but the CLIENT is responsible for providing accurate dimensions.
In the event that the CLIENT has a space that is a combination-use room (i.e. living room/dining room combination), payment will be for two rooms
Pre-construction rooms cannot be used.
Design work will only start upon receipt of the CLIENT Service Agreement, payment of fees, and CLIENT Questionnaire. If changes are made by the CLIENT after the design has begun, additional time and/or fees may be required and documented in writing.
Revisions:
The DESIGNER provides one revision for up to 3 items of the project, provided that they are requested within 14 days of delivering the final design. Additional revisions or requests after 14 days will be billed at $275 per hour and paid in advance.
Merchandise Recommendations:
All items specified are available through local or online retailers within the United States of America. In some cases, products will be specified by manufacturer and item number giving the CLIENT the option to shop the product on their own for best pricing or for reference if they prefer to use local vendors. DESIGNER may also provide the CLIENT with affiliate links for purchasing products, in which case the DESIGNER will make a small percentage commission, at no additional cost to the CLIENT.
DESIGNER will provide links for suggested products for the project that may connect the CLIENT to a third-party vendor. Products may be warranted by their respective manufacturers. CLIENT is referred to such warranties and policies for their terms and conditions. The DESIGNER is not the manufacturer of any products. DESIGNER assumes no responsibility or liability for CLIENT’s purchasing experience with third party vendors and recommend that the CLIENT reviews their policies before committing to any purchase.
The DESIGNER cannot guarantee that actual prices for Merchandise and/or Interior Installations or other costs or services as presented to the CLIENT will not vary either by item or in the aggregate from any CLIENT proposed budget. Therefore, items may be on back-order, discontinued, or increased in price by the time the CLIENT orders. You are responsible for finding suitable replacements. Any further requests or changes beyond the 14-day allowance will incur an additional charge at an hourly rate of $275.00. Hourly charges will be invoiced to the CLIENT and all invoices are due upon receipt before the work of finding replacements shall commence.
DESIGNER strongly recommends that the CLIENT requests samples for fabrics and other finishes as much as possible to verify color and durability before purchasing. Computer monitors will display colors differently and dye-lots can be different and will affect the look of the actual product. We are not responsible for such variations. In cases where the DESIGNER has specified paint colors, the CLIENT acknowledges that, due to varied conditions of lighting, wall finishes and other factors, colors may not be a true representation of how they appear on the swatches. These color swatches are supplied by paint companies to provide a visual guideline for each color and may not represent an exact match of color and finish. The DESIGNER strongly recommends that the CLIENT purchases samples and tests all samples on several walls, in several lighting conditions to make sure the CLIENT likes the colors specified by the DESIGNER.
All Charges for freight, storage, delivery, handling, insurance, assembly, and installation as well as taxes (where applicable), will be paid by the CLIENT in addition to the item cost.
DESIGNER shall not be liable for loss or damage of any kind resulting from delays or inability to deliver goods sold hereunder due back orders, fire, labor troubles, accidents, acts of civil or military authority, acts of terrorism, acts of nature, failure or delay in its usual source of supply or from any other cause beyond DESIGNER’S control.
It is customary for manufacturers to ship items as they are completed. CLIENT agrees to accept delivery upon arrival and understands that all delivery and completion dates are approximate. DESIGNER has no control over time frame of delivery of orders placed with manufacturers. Shipping, handling, freight, delivery and all fees associated with orders are the responsibility of the purchasers.
The DESIGNER is not responsible for the appearance, quality, or workmanship of any products that were not purchased by the designer.
Finish & Construction Recommendations:
At CLIENT’S request, finish materials, fixtures and furniture can be purchased by DESIGNER and a separate purchasing agreement will be presented to CLIENT for approval, signature and payment. Purchase orders will not be issued until the CLIENT has approved, signed and returned a copy of the written purchasing agreement to the DESIGNER, along with the payment.
eDesign is a virtual design service only. Recommendations made are purely suggestion. If construction is planned, the CLIENT is advised to consult and separately contract with a licensed contractor. All renderings and floor plans by the DESIGNER are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes.
The DESIGNER will not be held responsible for the means, methods or procedures of construction, fabrication, delivery, installation, assembly, or safety precautions in connection with the execution of the design package; for the acts or omissions of any contractor, subcontractor, supplier, or other person performing work related to the design package; or any failure of them to meet any schedules or completion dates.
The DESIGNER cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations in the design project.
The DESIGNER’S services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed at the Project.
Should the nature of DESIGNER’S design concepts require the services of any other design professional, such professional shall be engaged directly by CLIENT pursuant to separate agreement as may be mutually acceptable to the CLIENT and such other design professional.
Marketing:
The DESIGNER reserves the right to use the CLIENT’s Design Board and/or other product deliverables in websites, blogs or other marketing efforts.
Should the DESIGNER require a record of DESIGNER’S design projects, CLIENT will permit DESIGNER or DESIGNER’S representatives to photograph the project upon completion of the Project. DESIGNER will be entitled to use photographs for DESIGNER’S business purposes but shall not disclose Project location or CLIENT’S name without CLIENT’S prior written consent.
Should the CLIENT submit photographs of the completed designed space, CLIENT agrees that they own the copyright to the photograph and give the DESIGNER permission to use the photographs in websites, blogs or other marketing efforts without any compensation with the exclusive right and license to use, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from, and otherwise exploit all images in any document, medium or technology that the DESIGNER elects, whether now or in the future for marketing purposes.
All concepts, drawings and specifications prepared by DESIGNER’S firm (“Project Documents”) and all copyrights and other proprietary rights applicable thereto remain at all times DESIGNER’S property. Project Documents may not be used by CLIENT for any purpose other than completion of Project by DESIGNER.
If the CLIENT desires to change anything, it is the CLIENT’S responsibility to inform the DESIGNER of proposed changes in writing.
The DESIGNER is not responsible for any project completion that is conducted by a third party not directly hired by the designer.
Communication:
The CLIENT agrees that all correspondence will occur through online communication except when otherwise scheduled. CLIENT also agrees to additional fees for local in-person visits if requested.
Unlimited follow-up questions (by email) are included in every design package for a period of 7 business days from the date the last revised e-design package is delivered. The follow-up question time period can be extended by 7 business day increments at an additional cost to be agreed upon in writing between the DESIGNER and the CLIENT.
In addition to all other legal rights, DESIGNER shall be entitled to withhold delivery of any item of Merchandise or the further performance of Interior Installations or any other services, should CLIENT fail to timely make any payments due DESIGNER.
In the event of a change in scheduling (beyond an emergency), the DESIGNER requires a minimum of 48 hours’ notice. If proper notice is not provided, DESIGNER will invoice the CLIENT for a minimum of 2 hours at full hourly rate. The DESIGNER guarantees to be on time or will call in the event of any delay.
Payment Terms:
All payments are due in full up front on our online portal through Stripe and are non-refundable. Once payment has been received, the CLIENT will receive their CLIENT Profile along with specific directions on how to begin the design process.
Timeframe:
Design work will take approximately 1-3 weeks, (depending on the package purchased), to be completed.
Termination of Agreement:
This agreement may be terminated by either party upon the other party’s default in performance, provided that termination may not be effected unless written notice specifying nature and extent of default is given to the concerned party and such party fails to cure such default in performance within seven (7) days from date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies of DESIGNER, and CLIENT shall remain liable for all outstanding obligations owed by CLIENT to DESIGNER.
Should the CLIENT terminate this project for any reason, DESIGNER will be entitled to full payment for all the time invested to that point. If the CLIENT requires a rush project, the DESIGNER will charge an additional 25% on top of the project fee if the DESIGNER is available.
Neither CLIENT nor DESIGNER may assign their respective interests in the Agreement without the written consent of the other.
The laws of the State of Illinois shall govern this Agreement. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Agreement is a complete statement of DESIGNER’S and CLIENT’S understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only by a writing signed by both DESIGNER and CLIENT.
I have scheduled this block of time specifically for you, to the exclusion of other projects. Therefore, all payments are final.
Once you agree and submit payment, then I can get started.
I will work hard to keep your project running smoothly. The best thing that you can do to help keep the process moving smoothly is to keep in close communication with me and providing any information I require in an efficient manner. I promise to do the same. I look forward to working with you!
Please print or download for your records.
Thank you for the opportunity!
Celeste Jackson
I am available 9am-5pm Central Time, Monday through Friday. My business phone number is 847-381-0535 My email address is cj@celestejacksoninteriors.com I periodically check email throughout the day.