E-DESIGN SERVICES AGREEMENT

 

This Services Agreement is by and between R & E Pty Ltd, trading as LITTLE STEPS INTERIORS (hereinafter indicated as “Service Provider”) and You (“You” and/or the “Client”), and mutually with the Service Provider, (hereinafter referred to individually as “Party” or jointly as the “Parties”), and shall commence with respect to the Services provided hereunder upon the date the Client accepts to the terms herein.

 

By using our Service, you consent to accept by all of the terms set out in this Agreement, including those incorporated by reference. Please do not use our Services, if you do not want to assent to the terms of this Agreement, you must not purchase, pay for, or receive any services provided hereunder.

 

AGREEMENT SUMMARY

 

The Client has engaged the Service Provider to provide the Services. By accepting this Agreement, the Client and the Service Provider accepts the terms and conditions of this Agreement, and agrees to provide the Client with the Services. The Service Provider and the Client agree as follows:

 

 

1.Services. The Service Provider shall provide to the Client interior e-design services which are further described as follows:

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1.1 The interior e-design services provided by the Service Provider is for virtual designs only. The interior e-design services may include, but are not limited to, designs, sketches, plans, and other creative works as per the e-design services. The interior e-design services specifically exclude any and all requests as to architectural, engineering, heating and cooling, plumbing, electrical, or any other services which are not explicitly set out above.

 

1.2 The Services provided under this Agreement include nursery and child spaces, are only for the address agreed beforehand with the Service Provider. The Client expressly represents, warrants, and agrees, that it is the owner of record of the property where the Project is to be performed, installed, and completed and further represents, warrants, and agrees that it has the full and exclusive authority to enter into this Agreement.

 

1.3 The Service Provider is not accountable for the aesthetic, functional, or safety outcome of the completed Project. Any designs, plans, created or provided by the Service Provider are for conceptual purposes only and may not be scaled to reflect the exact nature of products or concepts and the Client hereby recognizes and accepts, that it is the sole accountability of the Client to research all design selections prior to ordering or installing and the Client hereby releases the Service Provider from any and all liability resulting thereof.

 

1.4 The Service Provider practice in the provided budget to build the e-design boards, however the price range is an estimate only and may or may not include any price changes, price matches, promotions, discounts or third-party providers pricing.

 

1.5 Curated Designs: The Service Provider can update, change or remove the curated design boards at any given point of time at its sole discretion. 

 

1.6 Inspiration & Styled to Fit Designs: The Service Provider is not accountable for the accuracy of photos, pictures, materials, and measurements that have been shared by the Client to the Service Provider.

 

1.7 The inspiration and style to fit e-design service includes one revision without altering / changing / impacting the overall design theme and elements. Any revision(s) thereafter are at sole discretion of the Service Provider, which may or may not be subject to an additional cost. The Service Provider will provide a quote prior to commencement of any work.

 

2. Payment for the Services.

2.1 Curated E-Design: In consideration of the Services to be performed by the Service Provider, the Client shall pay in full to the Service Provider, the amount as per the e-design services or as quoted, for e-design services prior to the commencement of any work.

 

2.2 Inspiration and Styled to Fit E-Design or any Add-on Services: In reflection of the Services to be performed by the Service Provider, the Client shall pay to the Service Provider, the amount as per the e-design services or as quoted, for e-design services, including any nonrefundable deposits for all e-design services as quoted by the Service Provider.

           

2.3 No Refund for E-design Services: All sales/purchases for e-design services are final, and the Service Provider does not offer any money-back guarantees or refunds. You recognize and agree that you shall not be entitled to a refund for any e-design purchases or any initial payment made at the commencement of Services, under any circumstances. This applies to all the e-design services which the Service Provider offers as listed below and also applies to any add-on services:

1. Curated E-Designs

2. Inspiration E-Designs

3. Styled to Fit E-Designs

 

Out of Stock Items

The Service Provider does not accept any liability or provide any guarantee where an item from the e-design board may go out of stock for any reason or is discontinued by the supplier and/or retailer. The Service Provider will offer an alternative retailer for the same item where possible or a similar and/or comparable and/or alternative suggestion within/upto 7 days from the date of delivery of the final design package.

 

3. Limited Warranty. The Service Provider, represents, warrants, and agrees, that it shall perform the Services in accordance with the terms and conditions set out in this Agreement.

 

4. Intellectual Property.

4.1 All intellectual property rights for the Services provided to the Client under this Agreement shall be owned entirely by the Service Provider. Intellectual property rights include, but are not limited to designs, plans, sketches, documents, design questionnaires, design processes, copyrights, trade marks, service marks, trade secrets, and other confidential information, trade name, logo, domain name, together with all of the goodwill associated therewith, derived works and all further rights (collectively, “Intellectual Property“).

4.2 The Client hereby agrees that the Client will not alter, advertise, transfer, reverse engineer, sell, create copied works, or in any way take advantage of any deliverables, in whole or in part.

4.3 The Client hereby allows the Service Provider to photograph the finished project and to use verbal and written statements made by the Client and/or the photographs shared by the Client of the finished end result. Any-and-all intellectual property rights in such images, photos, or other pictures related to the Project, shall belong solely to the Service Provider, and the Client hereby waives and disclaims any rights to make use of and/or prohibit the Service Provider from making use of such photographs. The Client hereby authorizes the Service Provider for the usage of such images, and testimonials for promotions, advertising, social media publishing, and other purposes.

 

5. Term & Termination – Inspiration and Styled to Fit E-Design Services.

5.1 The Service Agreement shall start as of the Effective Date and shall continue thereafter until the completion of the Services, or within two (2) months of the Effective Date, unless sooner terminated pursuant to clause 5.2 of this Agreement.

5.2 The Service Provider may terminate this Agreement prior to the expiry of the Term reflected above, upon written notice to the Client, if the Client fails to pay any amount due to the Service Provider and such failure remains for ten (10) days after the Client’s receipt of written notice of nonpayment.

 

6.Limitation of Liability.

6.1 The Service Provider total liability arising out of or in connection with the Services or this agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

 

6.2 You expressly understand and agree that the Service Provider, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

7. Safety Disclaimer. The Client is accountable for researching all safety information regarding nursery furnishing, décor, materials, finishes including, product specified or recommended but not limited to, any relevant safety information provided by the Service Provider or by any third-party links, shared by the Service Provider. The Client is responsible for the safe installation, placement of items and must apply due diligence as per the safety standards. Any drawings provided are for conceptual purposes only as detailed under clause 1.3. the Service Provider is not responsible for any safety related injury or hazard.

 

8. Product Policy. The Client recognises and accepts, that it is solely responsible for researching any product suggestions from the Service Provider, including, but not limited to, researching whether such products will fit correctly in the respective chosen spaces. The Service Provider is not responsible for product quality, size, backorders, damaged products, colour variations or availability of products.

 

9. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

10. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

 

11. Choice of Forum. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved as per clause 13 Dispute Resolution detailed under the Service Providers Terms of Use policy.

 

12. Covenant Not to Sue. (child safety claim) – The Client further accepts to release and indemnify, the Service Provider, its officers, employees, contractors, and suppliers, of the Client and the counterparty against any and all losses, liabilities, damages, injuries, expenses, and claims (including reasonable attorney’s fees) of the Client or any third party arising from any services as authorized by this agreement, whether caused by negligence or otherwise, including without limitation property damage and personal injury claims.

 

13. Counterparts. This Agreement may be implemented in counterparts, each of which is considered an original, but all of which collectively are deemed to be one and the same Agreement.

 

14. Unforeseeable Circumstances. The Service Provider shall not be liable or accountable to the Client, nor be deemed to have defaulted or violated this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or environments beyond the realistic control of the Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or limitations or delays affecting carriers or inability or delay in attaining suitable materials, or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of fifteen (15 days), the Client shall be entitled to give notice in writing to the Service Provider to terminate this Agreement.

 

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