CS INTERIORS
TERMS AND CONDITIONS
INTERIOR STYLING AND DECORATION PAYMENT TERMS
• All consults & services are invoiced and payable in full 5 business days before appointment or commencement of works or services.
• Non-payment or delayed payment will result in the cancelling or rescheduling of the appointment/consult.
• No exchange, no refund and no credit on Concept Designs.
• Payment of all invoices is seen as an agreement and must be made before works (design, consult, services, materials or other) can commence.
• Orders for purchased items and services are not placed with supplier until invoice has been paid in full.
• Non-payment or delayed payment of invoices can and will result in delays to the project timeline.
• Note that no exchange, no credit and no refund on custom made, bespoke, imported or speciality orders.
• Note that once the quote is accepted the products will be purchased and there will be no refunds or replacements (unless item is faulty)
• If item is faulty client must inform CS Interiors within 2 working days, with photo evidence if necessary. CS Interiors will endeavour to refund or replace; however, no guarantee is given.
• Any and all restocking and delivery fees on products and services that have already been ordered, confirmed, installed or delivered will be passed onto the client.
• Hourly rates apply for extra services. Please refer to the pricing information.
• CS Interiors will advise the client of any amendments or variances via phone, message or email.
• No amendments or variances will be approved without client consent.
• Payment will be made via EFT to CS Interiors (bank details attached to invoice) and a receipt will be emailed to client following payment.
PROJECT DESIGN
• Projects in progress require full payment of works to date, including hard costs and designers time.
• The Designer shall perform and complete the Services in accordance with what is agreed with client.
• The Designer will use commercially reasonable endeavours to perform the Services within the time(s) specified in the Agreement.
If no time(s) for performance are specified in the Interior Design Agreement, the Designer will perform the Services within a reasonable time.
RISK AND TITLE
Risk of damage to any Goods under the Design Contract passes to the Client upon order of those Goods.
CLIENT RESPONSIBILITIES AND ACKNOWLEDGEMENT
Any delays in the Client’s performance of its obligations, or variations to the Services caused by the Client, may delay performance of the Services and that any such delay caused by the Client shall not constitute a breach of any of the Designer’s obligations under the Design Contract.
INTELLECTUAL PROPERTY RIGHTS
a. The Client acknowledges that the Designer remains the owner of all Designer’s Background IP.
b. The Designer acknowledges that the Client remains the owner of all Client’s Background IP.
c. The Client acknowledges and agrees that all Developed IP is vested in the Designer and is the Designer’s property as and when created, and the Client hereby assigns all rights, title and interest in and to the Developed IP to the Designer.
d. The Client must not disclose, reproduce or otherwise deal with the Developed IP or Designer’s Background IP, or allow any other person to do the same, for any purpose other than the Project.
e. Any modifications, improvements or alterations by the Designer to the Client’s Background IP are owned by the Designer.
CONFIDENTIALITY
Each party shall keep all Confidential Information confidential, and shall not without the prior written consent of the other party:
a. Make available, communicate or disclose the confidential information or any part of it to any person, firm or company other than those of its Personnel requiring the confidential information for the purpose of the Design Contract or for the purpose of complying with applicable laws.
b. The Client may vary the Services to be performed by the Designer by giving written notice to the Designer.
c. The Designer shall be entitled to an increase in the Fee for additional works arising from a variation to the Services not caused by the Designer.
d. The Designer is entitled to an extension to any time(s) which is required by reason of a variation not caused by the Designer.
LIABILITY AND CONSEQUENTIAL LOSS
Notwithstanding any other provision of the Design Contract, the Designer will not be liable to the Client for any loss of revenue, loss of profit or anticipated profit, loss of production, loss of use of any plant or facility, business interruption of any nature, loss of business opportunity, loss of business reputation, loss of contract.
DEFAULT AND TERMINATION
a. The Design Contract shall commence upon receipt by the Designer of a copy of the Design Contract/Quote signed by the Client and shall remain until the completion of the Services.
b. Either party may immediately terminate the Design Contract by written notice to the other if a party:
i. becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
ii. is in default of any of its material responsibilities or obligations under this Design Contract, and such default is not remedied within ten (10) days of receipt of written notice from the other party requiring it to do so.
c. If the Design Contract is terminated for any reason, the Designer shall be entitled to payment of:
i. that part of the Fee for Services performed up to and including through to the date of termination; and
ii. the cost of any Goods ordered prior to termination which cannot be cancelled.
d. The parties acknowledge and agree that the Designer is an independent contractor, not an employee of the Client or any company affiliated with the Client.
e. The Designer shall provide the Services under the general direction of the Client, but the Designer shall determine, in the Designer’s sole discretion, the manner and means by which the Services are to be performed.
f. The Design Contract does not create a partnership or joint venture and neither party is authorized to act as an agent or bind the other party except as expressly stated in the Design Contract.
g. The Designer shall be permitted to engage and/or use a third-party designer or other service provider as independent contractors in connection with the Services. Notwithstanding the above, Designer shall remain fully responsible for such design agents’ compliance with the various terms and conditions of the Design Contract.
GOODS
a. To the maximum extent permitted by law, the Designer gives no warranties whatsoever in relation to any Goods. This includes plants and flowers.
b. The parties acknowledge and agree that the Designer may by agreement purchase Goods on behalf of the Client for the purposes of the Services. In the event the Designer does so:
i. the Client must pay the full amount of the Goods upfront prior to the Designer ordering the Goods; and
ii. the Designer accepts no liability in respect of those Goods (including for payment of cancellation fees in the event that the order is cancelled upon request of the Client) other than as expressly provided in the Design Contract.
c. Once received the goods are the property of the client and CS Interiors is not responsible for any damage or misuse of products. Damaged goods on arrival from supplier, must be reported within 24 hours and CS Interiors will endeavour to replace/fix.
d. The Designer shall not be deemed in breach of the Design Contract if the Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of the Designer or any local, state, federal, national or international law, governmental order or regulation or event.
DEFINITIONS
In these Terms and Conditions:
Business Days means a day except Saturdays, Sundays and public holidays in the State of New South Wales and days between Christmas Day and New Year’s Day.
Client means the party named as such in the Agreement.
Client’s Background IP means the Client’s Intellectual Property Rights that are in existence at the date of the Design Contract or come into existence after the date of the Design Contract.
Designer means the party named as such in the Agreement.
Documents means any design documents to be supplied by the Designer as part of the Services.
Fee means the remuneration payable by the Client to the Designer as outlined in the Design Contract.
Goods means any goods specified in the Documents or the Interior Design Agreement, including those to be supplied as part of the Services.
Interior Design Agreement means the written agreement between the Client and the Designer for performance of the Services.
Services means:
(a) the work, services and activities to be performed by the Designer stated in the Scope of Services.
(b) all other work, services and activities that the Designer may be required to perform under the Design Agreement.
Incidental and out of pocket expenses including but not limited to costs for telephone calls, postage, shipping, couriers, parking fees, transport, product samples, accommodation will be billed to client.