Agreement to provide E-Design Consultation Services

Terms & Conditions

  1. The following Standard Terms & Conditions shall be applicable to the provision of design consultation services (the “Consulting Services”) by Lisa Sandham Interior Design (“Designer”) and shall be deemed to applicable to all online design consultations between the Client and Designer, except to the extent that the provisions of these Standard Terns & Conditions are modified by additions, amendments or deletions in writing between Designer and the Client.
  2. The Client agrees to pay to the following Designer the Fees, Disbursements and any taxes in respect of such Consulting Services:
  3. Hourly Rate Fee. A Fee equal to the total number of hours expended by persons performing the Consulting Services multiplied by their respective hourly rates as set out below:
    1. Design & Project Management ($125.00/ hour, applicable taxes extra) Drafting ($90.00/ hour, applicable taxes extra)
  4. 3D Modelling Estimate given upon Request of service
  5. Payment for Consulting Services shall be made in advance and are non- refundable.
  6. Client shall be responsible to provide timely as-built measurements, details and pictures of the design project that the Designer is providing Consulting Services (the “Design Project”). Designer shall not be liable for any delay in providing Consulting Services pending receipt of Client’s information, nor for any incorrect or inaccurate measurements, dimensions and/or details provided by Client.
  7. Consulting Services are provided by appointment with the Designer, which are dependent on the Designer’s schedule. The Designer makes no guarantees about availability of appointment dates and/or times.
  8. Client agrees to correspondence and delivery of Consulting Services through online communications, and without in-person or on-site attendance by Designer.
  9. Designer does not provide architectural or engineering services. Designer’s Consulting Services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, and electrical, ventilation or other mechanical systems installed or to be installed at the Project.
  10. Should the nature of the Designer’s design concepts require the services of any other design professional, such professional shall be engaged directly by the Client pursuant to separate agreement.
  11. In providing any opinions of the preliminary or updated budget or the estimated cost of construction, the Client understands that the Designer has no control over costs of the price of labour, equipment or materials, or over the method of pricing of the Client’s contractor, and that any such opinions provided by the Designer are made on the basis of the Designer’s qualifications and experience. The Designer makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual cost.
  12. Consulting Services will be performed as described in good faith but the Designer cannot be responsible for the performance quality or timely completion of work by others. Further, the Designer shall not be responsible for any changes to the Design Project that the Client or its contractor(s), architect and/or engineer make without informing the Designer.
  13. The Designer shall not be responsible for the quality, workmanship, or appearance of products.
  14. The Designer shall have no responsibility for the acts or omissions of the Client’s architect, consultant(s), supplier(s), vendor(s), fabricator(s), or anyone otherwise performing work directly for the Client.
  15. The Designer does not make any representation or warranty regarding the quality of goods or materials supplied in connection with the Consulting Services, including any representation or warranty that such goods or materials are free of defects, fit for the purpose intended or are merchantable. The Designer shall not be liable for any defects in the services supplied to the Client by a third party.
  16. The Client hereby releases the Designer, its successors and assigns from any and all liability that the Designer might have to the Client for any amounts in excess of the Designer’s Fees. The total liability assumed by the Designer for any action, claim, loss or damage arising out of or in connection with the Consulting Services, regardless of the form of action, loss or damage, be it tort, contract or otherwise, shall in no event exceed the amount of the Designer’s Fees. In addition, the Designer shall not, under any circumstances, be liable for any special, direct or inconsequential damages including, without limitation, delays in construction, loss of profit or revenue, failure to realize expected costs reductions or savings or similar losses of any kind.
  17. Any drawings, maps, plans, specification and arrangement of design elements and any other works created or produced by the Designer in connection with the Consulting Services (the “Works”) are original works and are therefore the subject of copyright protection. All title and other proprietary rights, including copyright and moral rights, with respect to the Works, shall at all times be, and remain the property of, the Designer. The Works may not be used by the Client for any purpose other than the completion of the Design Project.
  18. The Designer shall have the right to document the Design Project in progress and when completed, by photography and other means, which the Designer may use for portfolio, social media, brochure, public display and similar publicity purposes. If the Client documents or publicizes any project based on the Consulting Services, the Designer shall be given credit. The Client acknowledges that its general contractors, sub-contractors, fabricators and any other third parties hired by the Client many only publicize the Design Project with the prior written consent of the Designer and that the Designer shall be given credit for the project in all publications. The Designer shall have the right to enter the Design Project into competitions. The Designer agrees to keep the Client’s name and location of the Design Project confidential.
  19. The Consulting Services and these Terms & Conditions shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable thereto.
  20.  The Client acknowledges and understands that the Designer is authorized to provide the  Consulting Services in Ontario only. The Client represents and warrants that the Design Project is  located within the Province of Ontario.