Terms and Conditions
These Terms and Conditions will describe how the Project will proceed and, when executed by Client, and Southern Care Designer, will serve as a addendum to our agreement. This Agreement, including any duly executed and attached addenda or exhibits, constitutes the entire agreement and understanding concerning the Project and supersedes and replaces all prior negotiations and all agreements proposed or otherwise, whether written or oral, concerning the subject matters hereof. These terms and conditions, may only be modified or amended by a mutually executed written agreement between Designer and Client. Reading this document thoroughly will help our time together run smoothly.
Designer and Client hereby agree as follows:
1. Designer will meet with the Client and discuss the design project. Designer will then come up with a design plan. This may include floor plans, and or furniture and materials suggestions.
2. If requested, Designer may produce a budget for the project. At the time of budget approval it would be agreed upon whether the Client or Designer will manage this budget.
3. Designer will oversee the installation of all materials agreed upon for the design project, unless prior arrangements are made with client due to scheduling conflicts.
4. Designer will from time to time visit the design project to ensure that the work is conforming to the design plans and specifications of the design project. Client is expected to grant reasonable access to the premises of the design project for the Designer and/or Designers agents, as well as the subcontractors required to perform the agreed upon work.
5. All design concepts, drawings, and specifications remain the property of Designer, and may not be used by the Client to complete the design project with anyone other than The Designer.
6. Designers time will be billed at $125 Per hour (depending on Agreement given) and in one half hour increments. Time will be billed for, among other things: meeting with the Client, creating designs and drawings, specifying, ordering and procuring elements needed for the project (including travel time and time spent researching, inspecting and purchasing such elements), hiring, scheduling and coordinating subcontractors and deliveries, and managing the flow of the project design, orders, and implementation via email, phone, and other forms of communication.
7. Designer's time will not be line itemized. Designer's time will be billed in a lump sum of hours and cost on a weekly or bi-weekly basis, or as necessary at the discretion of Designer.
8. Major travel expenses incurred by the Designer on the Clients behalf will be pre approved by the Client and paid by the client.
9. All elements purchased by the Designer for the project will be invoiced through Designer. This invoice will serve as the Client's sole receipt for all purchases. Sales tax will be charged where applicable on invoices according to the laws of the state of California.
10. Items purchased by the Designer for the project will include a mark up that constitutes a profit for the Designer.
11. A deposit may be required to offset the costs associated with goods, services and labor under certain circumstances, including but not limited to the following: large projects requiring a substantial commitment of Designer's time and other resources, projects where the completion is subject to an agreed upon or Client requested deadline, and instances where Client will be out of town or otherwise unavailable for extended periods of time.
12. No items will be ordered, or work by subcontractors commenced, until the fees and costs associated therewith are approved by Client, and the invoice for those items is paid in full. Once design elements are ordered by Designer, there may be no modifications to or refunds for those elements.
13. Invoices are due upon receipt and must be paid in full before items are ordered and subcontractors begin work
14. Designer's services will be rendered in good faith in a professional manner. Designer will use all reasonable efforts to expedite the completion of each project. Designer cannot, however, be responsible for any delays in the performance of subcontractors or in the delivery of goods or any materials supplied by others.
15. Designer does not anticipate that there will be errors or defective workmanship in any goods or services provided by others. However, if this occurs, Designer will make reasonable efforts to correct the error or defect to Client(s) reasonable satisfaction once Designer has been notified of the problem.
16. At times, custom items will still require minor adjustments after installation.
17. Manufactured and custom-made furniture and other objects will often have minor imperfections. Such imperfections are inherent in the nature of the fabrication, delivery and installation processes, and are beyond the control of Designer. While reasonable efforts will be made to install pristine goods, Designer shall not be responsible for furniture and other items containing minor imperfections, and Client agrees that it will accept and pay for such items.
18. Designer may "borrow" (memo) design elements (art, lighting, accessories etc.) to show the Client the objects at the project site. These objects will be returnable for a 3 day period. Designer will issue an invoice or request a deposit against borrowed items to be paid in full before objects are brought to the project site. Items returned will be refunded to the client. Items that are not chosen must be returned within 3 days of the memos arriving at the project site or no refund will be made.
19. Designer may suggest subcontractors for the project. Client shall pay subcontractor directly. Designer shall not have liability for the work or actions the subcontractor(s).
20. Designer may take photographs of the site prior to the design installation. Designer may take, or have professional photographs taken at the completion or towards the end of completion of the design project. These photographs will be used for marketing material for Designer, including but not limited to website, and publication. All photographs remain the property of Designer. Client agrees to the taking and use including publication of photographs of the project.
21. Either Designer or Client may terminate this agreement if the other fails to perform according to the terms contained in this contract. The party desiring to terminate this agreement must first notify the other party in writing of the problem. If the problem is not addressed or cured within seven days following receipt of notification, the agreement may be terminated. Upon termination Designer shall be entitled to payment for all services completed, all merchandise on order, and all outstanding time and out of pocket expenses for the Clients project.
22. Should any legal action proceeding be brought by either party to enforce any part of this contract, the prevailing party shall recover, in addition to all other parts of this contract, reasonable attorney's fees and costs according to the law of the state of South Carolina.
23. A retainer is due upon signing of this contract. This will be applied against Client's final invoice ( depending on the terms of your agreement).
24. This represents our terms of this contract cannot be modified except in writing, and signed by both Designer and Client.