General. Marylou Sobel Interior Design Pty Ltd (ABN 34 053 926 926) (‘MSID’) provides online interior design services as set out below (the ‘Services’). You, (the ‘Client’) agree to engage MSID to provide the Services on the following terms & conditions, forming an agreement between MSID and the Client (the ‘Agreement’) on the date of purchase (the ‘Effective Date’). The Client agrees that she/he has read and accepted these Terms & Conditions.
Price and Payment. Prices are set out on the MSID website and are inclusive of taxes (including goods and services tax), unless otherwise quoted. Payment is due prior to MSID delivering the Services to the Client. If the Client requests an invoice, payment for Services is due upon receipt of the invoice.
Client Materials. Within 2 business days of the Effective Date, MSID will provide the Client with a request for i) completing an initial survey entitled “Defining Your Brief” and ii) additional information as reasonably required by MSID (including but not limited to floor plans and photographs) (collectively, ‘Client Materials’). The Client must provide MSID the Client Materials within 5 business days of receiving the request. Once the Client completes and returns the Client Materials, MSID will commence the Services.
The Services. MSID will exercise all due care, skill and attention in providing the Services. The Services include MSID preparing digital design deliverables as follows:
The Client can also elect to purchase Optional Extras for their package. Details of the Optional Extras including available selections and pricing are set out on the MSID website.
For both Foundation and Curated Packages, the Client is entitled to one (1) revision of any or all of the individual deliverables in that package. A revision request from the Client must be provided to MSID within 10 business days of receiving the Foundation Deliverables or Curated Deliverables.
FAQ. These Terms and Conditions incorporate the Online Services Frequently Asked Questions, accessible at www.marylousobel.com.au/FAQ
Measurements. If any measurements for the deliverables are provided by the Client, MSID relies entirely upon such in designing the work that is part of the Services. It is the Client’s responsibility to ensure that all measurements required are provided and that all measurements are accurate. MSID does not accept any responsibility nor any liability in the event that any recommended product does not fit the space as shown on a relevant floorplan due to the Client’s failure to provide any measurements and/or in providing incorrect and/or inaccurate measurements.
Purchasing Products. Within the relevant deliverables, MSID will provide the Client a list of products (including but not limited to furniture, lighting, and artwork) by way of recommendation. Listed products may be accompanied by specific product details including but not limited to dimensions, colour options and recommended retail prices. All purchases made by the Client from any supplier recommended by MSID be i) at the Client’s own risk and expense, and ii) subject to suppliers’ own processes, terms and conditions, and policies.
Intellectual Property. No transfer of ownership of any intellectual property occurs under this Agreement. MSID retains copyright in all Foundation Deliverables and Curated Deliverables. MSID grants the Client an express, non-exclusive, revocable licence to use the relevant Foundation Deliverables and/or Curated Deliverables produced under this Agreement.
Additional Services. Other than as set out in this Agreement, no additional services are included in the Foundation and Curated Packages. If any additional services are requested to MSID by the Client, including by way of example MSID assisting with additional revisions, furniture purchasing, installation support or further consultancy services, such additional services will be subject to additional cost and agreement in writing.
Liability. MSID is not liable in contract, tort (including negligence), equity or otherwise to the Client, or any third party in respect of any direct, indirect, incidental, collateral, special, economic or consequential loss or damage or expenses suffered by them, whether for damages for loss of profits, loss of business revenue, loss of business opportunities, loss of anticipated savings or damage to goodwill, or otherwise arising out of, or in connection with this Agreement.
MSID’s cumulative liability to the Client for all claims made by Client under or in connection with this Agreement whether arising under contract, negligence or any other tort, under statute or otherwise at all will not exceed the total price paid or payable to MSID under this Agreement. MSID shall not be liable to the client in respect of any loss or damage caused by, due to or as a consequence of any accident or neglect by the Client or a third-party contractor engaged or selected by the Client.
Nothing in this Agreement excludes or limits any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL (including any consumer guarantee) which cannot be lawfully excluded or limited.
Termination. Either party may terminate this agreement in the event the other party breaches a material provision of this Agreement and fails to remedy that breach within 14 days of having received written notice of the breach. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations.
Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
Dispute Resolution. If Client is dissatisfied with any MSID services purchased under this Agreement and disagrees with MSID’s proposed resolution, the parties both agree to use commercially reasonable endeavours to resolve the matter. If the matter has not been resolved within 30 days of the dispute being raised, the parties must endeavour to settle the dispute by mediation.
Variations. Variation/s means a change to this Agreement, including changes to the Scope of Work or Terms & Conditions, that causes any adjustment to the Project including in relation to any fixed or non-fixed pricing components. Variations to the Agreement will be made only through a written amendment signed by both parties.
Delayed Event. MSID will not be liable for performance delays or for non-performance due to causes beyond its reasonable control including but not limited to; inclement weather, the unavailability of Materials, Variations, acts of war, civil disturbance, and acts of God. If there is a Delayed Event the Milestone Date for that part of the Project shall be extended by the period of the delay.
Confidentiality. A party may only use confidential information of another party for the purposes of this agreement, and must keep the existence and the terms of this agreement and any confidential information of another party confidential except where the information:
Independent Contractor. In providing the Services under this Agreement it is agreed that MSID is an independent contractor and not an employee. MSID and the Client agree that this Agreement does not create a partnership or joint venture between them.
Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver. The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Entire Understanding. This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist.
Transfer of Rights. The Client must not assign, novate or transfer any or all of its rights or obligations under this Agreement without MSID’s prior written consent (not to be unreasonably withheld or delayed).
Jurisdiction. This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.