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The total cost for all Services is due in full by date approved by client and Market Studio Interiors
The payment is a non-refundable fee. At a minimum, Client agrees that the design cost fairly compensates Designer for committing to provide the Services and turning down other potential projects/clients.
If for any reason you feel that our design does not meet your requirements and revisions will not cure this situation then, MSI will void this contract with you and return 50% of your design fees within 10 business days. This cancellation needs to be notified at the time of initial presentation. At this point the design remains property of MSI and the client will not receive a copy of that design.
Once the approved design is completed and the intention of that design is fulfilled this contract is considered complete and all fees are non-refundable for any reason.
MSI has the right to consider a project complete and terminate the contract after 4 months of no communication from the client. No refund will be issued. If the client decides after that period that they want to resume the project, a new design fee will be charged. Exceptions can be made if there are emergencies that occur during the project (illness, loss of income, etc.), but these exceptions must be communicated in writing to the designer at time of occurrence and before 4 months of no communication.
Out of pocket expenses which are incurred on client’s behalf freight, delivery, formal renderings, and installation shall be billed as they are incurred. Travel expenses including but not limited to air fare, and accommodations, shall be invoiced for reimbursement as they are incurred. All major travel expenses will be approved by the client in advance.
In the event that any copyrighted work(s) are created as a result of the Services provided by MSI in accordance with this Agreement, MSI owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law [Title 17, Chapter 2, Section 201-02 of the United States Code], whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by MSI and may be used in the reasonable course of company business.
Client has spent a satisfactory amount of time reviewing MSI's work and has a reasonable expectation that MSI will perform the services in a similar manner and style unless otherwise specified in this Agreement.
MSI will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and MSI will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique.
MSI will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions.
Although MSI will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, MSI shall have final say regarding the aesthetic judgment and artistic quality of the Services.
Limit of Liability
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by MSI.
Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services
In the event MSI cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement
Issue a refund or credit based on a reasonably accurate percentage of Services rendered
Excuse Client of any further performance and/or payment obligations in this Agreement
MSI strives to complete all projects in a timely manner. We understand the importance of making sure you design gets in your hand as soon as possible. However, we want you to know that creating these designs takes time and we will not rush your project. Also, each project is different and requires a custom design which we cannot guarantee a specific timeline. If you have any deadlines, please discuss those dates with your designer and we will do our best to accommodate those deadlines assuming they are reasonable for the scope of your project. Once again, we cannot guarantee that your design will be completed on or before those dates given. Your designer would like to let you know that if you choose to have MSI order products or create custom goods on your behalf that we cannot guarantee any specific timelines for those items as well. Each trade vendor has their own lead times and shipping methods that vary. Custom goods timelines can vary based on the availability of fabrics and the scope of the custom project. MSI will use all reasonable efforts to expedite the completion of your project. However, we cannot be responsible for any delays in the performance or delivery of furniture, furnishings, or other materials supplied by others. Timeline of project does not relay to payment plan, project is dependent of variables associated to design only.
Budget & Project Cost
MSI always strives to meet client budgets; however, if total project cost provided by us exceeds the given budget, the designer and the client will work together if cost need to be lowered by adjusting the design.
Scope of Services
MSI will create a design project presentation, review, evaluate and make recommendations to the client on the design project. This will include floor plans, built-ins, and all other items that are part of the proposed design plan.
Contracting & Construction
MSI is not and does not purport to be a contractor or contracting service. MSI does not hold a contractor’s license and does not perform or offer services that such a contractor would provide including, but not limited to, painting, electrical installation, plumbing installation, demolition, masonry work, tiling, and so forth. We are not liable for any work performed by any contractor and/or subcontractor or delivery person. MSI does not supervise any on site demolition, construction, or responsibilities of a general contractor or subcontractor. Contractors are responsible for obtaining their own measurements to ensure accuracy in final construction. We do not assume any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation, and other mechanical systems installed or to be installed at the project. MSI merely furnishes materials or supplies, in full compliance with [Section 7045 of the California Business and Professions Code], without fabricating them into, or consuming them in the performance of the work of the general building contractor. Should client divert from recommended contractors and/or subcontractors, client is responsible for resourcing alternative options.
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