1. FORMATION OF CONTRACT
1. 1 These Terms and Conditions together with the estimate of works (“Proposal”) provided by Homepoise which describe the services set out the entire agreement between Homepoise and you (the “Client”) and will apply once an appointment has been made to provide Homepoise services (the “Services”).
1.2 Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services. By paying your deposit or instalment you are agreeing to these terms and conditions.
2. HOMPOISE SCOPE OF WORK
2.1 Homepoise has been retained to provide Spatial and Interior Design services and Photography services. Homepoise is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between owner and the contractor.
3. PROPOSAL
3.1 A written proposal for the project is created free of charge.
3.2 The proposal will include a description of the project, the results and the process.
3.3 A proposal from Homepoise is valid for 2 weeks after the date it was created.
4. CONTRACT
4.1 The contract refers to the description of the assignment in the proposal.
4.2 If the content, scope or desired result of the assignment changes during the design process, an additional agreement needs to be made or the assignment will be terminated (see section 8 “Early termination”) and a new contract will be proposed.
5. PROJECT EXECUTION
5.1 In case the client would like to make significant changes to the design in a way that doesn’t align with the original creative brief, the costs of these changes will be charged.
5.2 The client agrees to provide feedback on all creative work within a reasonable time frame (usually five working days).
5.3 If a client deliverable – such as input, approvals or payment – is late by more than 10 working days, the project will be considered to be on hold. Once the deliverable is received, the project will be rescheduled based on current workload and availability.
5.4 In case something is wrong or missing compared to what was agreed in the contract, the client has two weeks after the design is finished to let Homepoise know in writing.
5.5 If the client reports this later, the costs of any additional changes will be charged to the client at current hourly rate.
6. PAYMENT & ADVANCE
6.1 The charges for the services are set out in the Fee Proposal or as amended or updated by Homepoise and communicated to The Client.
6.2 Invoices sent by Homepoise will need to be paid within 5 working days. If the payment is not received within 5 working days, additional administration costs may be charged.
6.3 To confirm acceptance of the design proposal, the client pays a non-refundable fee as described in the design proposal.
6.4 The remainder of the design fee (if any) will be invoiced in pre-agreed stages as the design work progresses.
6.5 Payment of subsequent invoices should be made by card or bank transfer.
6.6 All payments to Homepoise are due within 5 days of presentation of invoice. Works may be halted until payment is made.
6.7 Interest at the current rate for commercial debts and shall be payable on all accounts not settled by their due date.
6.8 The interest will be added monthly thereafter from the due date until the settlement is received.
6.9 Should Homepoise have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
6.10 We reserve the right to change the prices on our packages until payment is received. This is because they are based on time taken to complete, complexity of work and current workload, which is fluid day to day. We will of course honour any invoices paid and the work covered in that scope of works with in invoice due date - unless otherwise discussed.
6.11 Once three months of an 'invoice paid for service' is reached, you will need to pay the difference in price from the package if the price has increased in order for Homepoise to complete the packages service, or your service is forfeit with no refund.
6.12 Payment for materials, furniture or other items relating to the agreed design schemes will be invoiced prior to orders being placed. No orders will be placed before payment for such items is received.
6.13 The final designs will be delivered once the final payment has been received.
6.14 Any work that extends beyond the original brief will be charged at an hourly rate of £95.
6.17 Online courses and workshops can be purchased via any online ticket platform available at the time of the promotion of the course and the purchased tickets (or deposits) are non-refundable.
7. INTELLECTUAL PROPERTY
7.1 Valeria Romano at Homepoise is the holder of all intellectual property rights for the works created, including copyright.
7.2 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Homepoise in connection with the Services shall belong to Homepoise absolutely and any such materials, documents or items shall not be used for any commercial purpose.
7.3 Homepoise shall be permitted to use photographs of the Client’s property before, during and after each project, in order to demonstrate the Services provided by Homepoise for its items shall be or remain the sole property of Homepoise, unless otherwise agreed with the Client.
7.4 The client shall be entitled to use any such materials, documents or other items in connection with the Services but shall not be entitled to copy any such own marketing purposes, unless specifically agreed with Homepoise and for the sole purpose of advertising the Client’s property for rental or selling purposes.
7.5 In accessing the website you agree that you will access the content solely for your personal, non-commercial use.
8. EARLY TERMINATION
8.1 In case the assignment is terminated by the client before completion, the client will pay a minimum fee of 75% of the total costs, or greater to compensate for the design work already completed.
9. LIABILITY
9.1 Hompoise is not liable for errors and mistakes in the materials or information supplied by the client or third parties.
9.2 Homepoise is also not liable for any damages that result from the use of the design.
9.3 Any liability of Homepoise is limited to the total fee that is invoiced for the project concerned.
10. ONLINE SPATIAL AND Interior DESIGN PACKAGE PURCHASES
10.1 Payment of any agreed fee/deposit for online design packages must be done prior to the work starting.
10.2 Homepoise cannot refund the package once work has started. Changes can be made at an additional fee paid on a hourly rate basis at £65p/h and calculated according to the time taken to make the amendments.
10.3 Homepoise is not responsible for any work undertaken, property alterations or purchases made in relation to a 2D image produced for you.
10.4 Whilst Homepoise aim to be as accurate as possible in the 2D renders, Homepoise cannot guarantee property measurements or products details are 100% accurate unless Homepoise completes a full survey at our standard cost on a per hour basis. Equally Homepoise cannot be held responsible for slight variation in colours for items for which samples cannot be ordered.
10.5 Each design package includes one revision (unless a greater number of revisions is stated in the package purchased). Any further revisions will be subject to an extra charge as agreed with the client asking revision.
10.6 Any revision that becomes necessary due to wrong measurement provided will be regarded as an extra revision and charged at the above rates. In case the client would like to make significant changes to the design in a way that doesn’t align with the original creative brief, the costs of these changes will be charged.
The client agrees to provide feedback on all creative work within a reasonable time frame (usually five working days). If a client’s deliverable – such as input, photos, measurements, plans – is late by more than 10 working days, the project will be considered to be on hold. Once the deliverable is received, the project will be rescheduled based on the current workload and availability.
In case something is wrong or missing compared to what was agreed in the contract, the client has two weeks after the design is finished to let Homepoise know in writing. If the client reports this later, the costs of any additional changes will be charged to the client.
10.7 Your design will be valid for 6 months after your completion. After this time the page is deleted to make way for new work. Should you wish for this to be extended please contact Valeria at valeria.romano@homepoise.com
10.8 A modification of a plan will not be regarded as a new instruction only if the fundamentals of the instruction remain the same. A change in the scope of the spatial design (i.e. design of 3 one-bedroom flats in place of a 1 the initial instruction of a 1-bedroom apartment) will be regarded as a new instruction and will be subject to extra charges. A modification of a plan will not be regarded as a new instruction only if the fundamentals of it remain the same).
11. Homepoise Obbligation
11.1 Where Homepoise is responsible for organising Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work during full packages, the contract of work is between the client and the contractor and not with Homepoise so we can not be held responsible for any damages or inconvenience caused by 'third party suppliers' but will do our best to mediate on your behalf should it be necessary and payment was through Homepoise.
11.2 The Client shall be responsible for all aspects of the Associated Works including the performance of the work, the management and operational methods used in connection with carrying out and completion of work undertaken by any such persons and for compliance with health and safety requirements.
12. CLIENT OBLIGATION
12.1 The Client shall ensure that the property is accessible to employees of Homepoise and any third party suppliers providing services throughout the duration of the works. The Client will be required to pay any fees or rates suffered from access being denied.
12.2 The Client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Homepoise.
12.3 The Client shall make Homepoise aware of any delays they may have with providing any relevant information partaking to the project and if delays are caused which stop Homepoise for filling the contract, Homepoise is obliged to terminate the contract after 48 days or place a break on the contract until a later date if appropriate.
12.4 Parking must be arranged or made available for Homepoise team or outside contractors when working on project days. Any fees for this are payable by you if required - that includes the use of a skip or other hired on site equipment and essentials.
13. PURCHASING
13.1 From time to time, Homepoise may need to purchase products for The Client in addition to the scope of work already proposed. In such cases, full payment of the agreed purchase price is required from The Client prior to purchasing the agreed products.
13.2 In cases where furniture or accessories have been rented, it remains The Client’s responsibility to insure the furniture and accessories against all risks, damage or loss. It is The Client’s responsibility to return or arrange return of any hired elements and the client is responsible for any late fees incurred.
13.3 We may and have the right to add a purchasing and admin charge to the trade price of the item on purchasing. These charges may apply to cover travel expenses, postage or time purchasing the item. Homepoise will advise of prices required for items up-front of purchasing as well as the RRP price of the items. Alternatively, a budget will be agreed between Homepoise and the client and +10% expenditure above that budget will be considered within budget.
13.4 When purchasing only through Homepoise, the fee covers the purchasing process of the item and therefore once the order is placed the contract is between The Client and the supplier; it is The Client’s responsibility to read the terms and conditions for the items in questions. Homepoise cannot be held responsible for any issues resulting from the purchase but will of course be happy to help where possible.
13.5 Items on your shopping list are 'as of the date of sourcing', Homepoise cannot be held responsible if the item is out of stock or a change in price occurs. Homepoise is under no obligation to provide an alternative. Alternatives are classed as revisions and therefore will be charged for.
14. THIRD PARTY SUPPLIERS
14.1 The Client will form a contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with Third Party Suppliers.
14.2 If so requested, Homepoise may coordinate the services and financial settlements with the Third Party Suppliers on their behalf, as part of the service undertaken, but the Client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
14.3 Homepoise is not responsible for forming any contractual relationship on behalf of the client.
15. CANCELLATION AND TERMINATION POLICY
15.1 The Client has the right to cancel this contract at any time up to the end of fourteen working days after the day on which the Contract is agreed, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
15.2 The client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement, before the end of the fourteen working day cancellation period.
15.3 To exercise the right of cancellation the Client must give written notice to Homepoise by email at Homepoise email address.
15.4 Once the client has notified Homepoise that the Client is cancelling the Contract, Homepoise will within 30 days refund the Client for the Services not actioned. The client however remains responsible for the payment of all services already provided. For services provided that fall outside the specific intial agreement that have already been carried out, the client is responsible to pay Homepoise at current daily rate.
15.5 Following the fourteen-day period, the client has the right to terminate the contract at any time giving notice in writing to Homepoise. The Client will be liable to pay Homepoise for the services provided to the date of Termination (including but not limited to) Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Homepoise Consultants.
15.6 A delay by either party in acting on a breach of this contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
15.7 Termination of contract will not affect either party’s outstanding rights or duties, including Homepoise right to recover any money owing to it under these terms and conditions.
16. PHOTOGRAPHY
16.1 Valeria Romano (the Photographer) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The Photographer asserts her right to be identified as the author of all images, by the words: ‘Photographs by Valeria Romano Homepoise’
16.2 The Client will have an appropriate period of exclusivity to publish the photographs to the exclusion of all other third persons only. However, the Photographer retains the right in all cases to use 6 of the photographs immediately in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. After any exclusivity period the Photographer shall be entitled to use the all of the photographs for any reasonable purposes (unless otherwise agreed). The Photographer may make editorial work available to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
16.3 Unless specified on a separate licence: (a) clients only are licensed to use commissioned photographs for the sole marketing purpose for which the photos were initially intended; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the Photographer; (c) the Photographer retains full copyright in all images at all times throughout the world.
16.4 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
16.5 It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the Photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
16.6 Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate in addition to the expenses agreed or estimated.
16.7 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
16.8 A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement: 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
17. Consultation
Homepoise Offer Private consultation on a number of selected clients.
The area of consultation covered are:
- Moodbard and Design Concept
- Colour Consultation
- Artwork Consultation
- Room Layout Consultation
- Spatial Design Consultation
- Lightning Consultation
- Gannt Chart Consultation
Private consultations are paid by the hour, at the hourly rate agreed with the client. Hourly fees start at £95 per hour.
This fees, and the conditions of payments are set out in the “Consulting Service Agreement” sent to the client prior to the consulting work commencing.
18. Privacy Policy
18.1 Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
18.2 Data is never sold to or shared with third parties. Homepoise only ever share data with trusted transport or service companies when placing an order, and when this is necessary in order to deliver our service to The Client. Online Clients’ questionnaire details are not shared with anyone
19. GENERAL
19.1 Homepoise may assign or sub-contract the Contract if this is necessary for Operational reasons or in connection with a business transfer or re-organisation. Otherwise, the contract is not transferable by either party.
19.2 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20. DISPUTES
20.1 These Terms and Conditions and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract. These Terms and Conditions shall not be varied except by agreement in writing.
20.2 In case of any disputes between Homepoise and the client, the court in England has exclusive competence.