Design 121 – Terms & Conditions
The following terms and conditions refer to Design 121 Limited (“The Company”) and its relationship with its Clients and potential clients.
Reference to ‘the Client’ or ‘you’ means any person or persons seeking design services and includes any person that accesses, communicates with or uses Design 121 on your behalf.
The Design 121 service (“The Service”) consists of the website (design121.com) as a platform enabling Clients to find and select designers (“Designers”).
The Design 121 Service extends to the United Kingdom jurisdictions only. Clients and Designers are responsible for all compliance with laws and regulations which apply to them should services be rendered outside of this jurisdiction.
Both Clients and Designers are “Users” of the Service.
General Terms & Conditions of Business
- The Company is solely the administrator of the design project and establishes packages and their respective terms offered through the Service. Design 121 is not otherwise a party to the design services and any other off-line transactions that may take place between Clients and Designers.
- The Company is not an employer, broker, agent or insurer for any Users of the Service. The Service solely provides a platform and administrative tools for Users to communicate with with each other, any such communications and transactions are made by all Users at each User’s own risk.
- The Company is not responsible for any structural modifications to a Client’s property, nor is it responsible in any way for the work of contractors or sub-contractors. Any contracts or agreements entered into with contractors or sub-contractors by Users, Design 121 is not a party to these contracts or agreements.
- The Client will provide relevant information and materials including but not limited to pictures, videos, samples and questionnaires so that the Designer can provide design recommendations as per the design package selected by the Client.
- Design recommendations will be presented by the Designer to the Client. Recommendations are subject to minor and reasonable adjustments by the Client however, major modifications or adjustments will be subject to an additional charge at £xx per hour.
- Any stated timescale is reliant upon the client providing all required information/images/measurements within the time set out at project initiation.
- The Client also agrees that The Company holds no responsibility for any amendments made by any third party, before or after a design is published and carried out.
- Should the Client opt to purchase furniture, fixtures, accessories or other fittings under the recommendation of a Designer, although each Designer will attempt to ensure that all product links are current, there is no guarantee that the recommended products will be available for purchase at the time or within a specific time frame.
- If prices are provided as part of the Designer’s recommendation, there is no guarantee that the Client will find the article at the same price when they order.
- The Company cannot guarantee availability or workmanship of any products purchased from outside vendors or third parties.
- Copyright of all design work is retained by The Company including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
- If multiple design concepts are submitted, only one concept is deemed to be given by The Company as fulfilling the contract. All other artwork designs remain the property of the Company, unless agreed in writing.
Pricing & Payment
- All quotes/estimates are valid for 30 days from the date of submission.
- Any quote/estimate may therefore be subject to change should the Client’s requirements change at any time.
- Fees for design services to be provided by the Company, will be set out in the written estimate or quotation that is provided to the Client.
- At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until the Company has received this amount.
- When required to expedite project delivery ahead of the original given timescale, such delivery may require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.
- Unless otherwise stated, photography, delivery charges and VAT will be charged extra.
- Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.
- We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
- All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.
- All payments must be in UK Pounds Sterling.
- If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 for each occurrence.
- A 50% rejection fee is applicable on all designs administered by The Company should the Client cancel their contract/order.
- When payment is overdue, the Company may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
- Clients whose accounts are overdue agree to pay the Company reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
- You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
Limitation of Liability
- All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause 17a.
- Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
- In any event, no claim against the Company shall be brought unless you have notified the Company of the claim within one year of the issue arising.
- In no event shall the Company be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by the Company.
- The Company warrants that its services will be provided using reasonable care and skill.
- These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.
- The Agency shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
- The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s or Users in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
- All quotes/estimates, briefs and other Client/Agency documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
- These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between the Agency and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between the Agency and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
- In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this Agreement.
- Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
- Headings, numbering and summaries are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
- The Company reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
- If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
- This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting the Service. An order constitutes acceptance of all our Terms and Conditions.