DESOUSA DESIGN Terms & Conditions
Last Updated: December 31, 2017
Welcome to desousadesign.com (the DESOUSA DESIGN Website). DESOUSA DESIGN, provides website features and other services to you when you visit the DESOUSA DESIGN website, or use software in connection with desousadesign.com. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of desousadesign.com constitutes your agreement to follow these rules and to be bound by them.
Designs, consultations and services provided by Martin de Sousa operating as DESOUSA DESIGN
The end user of the intended design service
The session of activity that a user with a unique IP address spends on
this website during a specified period of time
The intended space, area or furniture in which DESOUSA DESIGN is to
provide the agreed upon design services
The agreed upon services to be provided by DESOUSA DESIGN as
outlined in the AGREEMENT FOR DESIGN & CONSULTATION SERVICE
The physical location of the intended Design Project as listed in the agreement
When using desousadesign.com or send an email to DESOUSA DESIGN, you are communicating electronically and therefore consent to receiving communications from DESOUSA DESIGN electronically. You agree that all agreements, notices, disclosures, and other communications that DESOUSA DESIGN provides to you electronically satisfy any legal requirements that such communications be in writing. Any documents, contracts, agreements, notices or other communications contemplated thereby, may be transmitted by mean of electronic systems, in which case payment of services rendered shall be deemed binding on both parties under the Electronic Commerce Act. The transmission of the agreement or contract by the DESIGNER by electronic means shall be deemed to confirm that both parties have retained a true copy of the agreement or contract.
You confirm that you have the required hardware and software to access DESOUSA DESIGN digital services and you acknowledge that those requirements may change from time to time. DESOUSA DESIGN does not own or operate any hardware or software you use and are not responsible for it. You are responsible for ensuring that you can print, store and save documents or files delivered to you electronically. DESOUSA DESIGN is not responsible for any loss you may incur in connection with the electronic delivery of documents, files or email notifications you requested that we send to you.
COMMENCEMENT OF WORK
Agreement to work with, and submission for design and consultations service and payment to DESOUSA DESIGN constitutes agreement to these terms and conditions.
DESOUSA DESIGN will not be responsible for the means, methods or procedures of construction, fabrication, delivery & installation, or safety precautions in connection with design project. DESOUSA DESIGN will not be responsible for the acts or omissions any contractor or subcontractor, supplier or other person performing the work on the Design project; or, for any failure of them to meet any schedules or completion dates.
DESOUSA DESIGN may recommend contractors and other suppliers to the client. Notwithstanding the foregoing and for greater certainty, at no time will DESOUSA DESIGN be responsible for the work or end result of any Contractor, Sub-Contractor, Architect, Engineer or other supplier hired to provide services or materials for the design project.
For custom made and stock millwork, DESOUSA DESIGN will not be held responsible for any inaccurate dimensions that are given by either the client or the Designer. Any custom made or stock millwork should be verified by the cabinet manufacture or carpenter as to final dimensions.
DESOUSA DESIGN in conjunction with a manufacturers reserves the right to make minor variations in models, material and floor plan layout dependent upon the availability of supplies, product improvements or job site conditions.
Any alteration or deviation from the supplied design or written specifications involving extra costs will be executed only upon written notice and will become an extra charge over and above the agreement. Any additional work required due to site conditions known to the client and not disclosed to DESOUSA DESIGN or which could not be reasonably anticipated by THE DESIGNER, is not included in the agreement and shall be extra to the agreement price.
The client and/or other party will also hold DESOUSA DESIGN harmless and make no claims against Martin de Sousa for any loss or other damages that result from unauthorized use
or amendments to the original drawings.
All content included in or made available through DESOUSA DESIGN AND desousadesign.com (such as design, plans, elevations, drawings, renderings, documents, texts, graphics, logos, trademarks, photographs, images, button icons, video clips and digital downloads) is the property of DESOUSA DESIGN or its content providers, and is protected by Canadian and international copyright laws. No part of the Design Project may be executed, reproduced, or copied in whole or in part without the Designers prior written consent.
DESOUSA DESIGN will supply designs and sketches as PDF, JPG, PNG, MOV files as appropriate for printing, or other graphic files as detailed in the agreement or request. Charges for design work do not cover the release of DESOUSA DESIGN copyright design source files, including but not restricted to dwg, skp, indd, psd, and xls.
Client agrees that any photographs of project taken during and upon completion of the Design Project and jobsite may be used for communications, promotional and publication purposes. The DESIGNER will not identify the client or jobsite address as his client without the clients written permission.
All rights, including copyright, in the content of desousadesign.com web pages are owned or controlled by DESOUSA DESIGN. In accessing DESOUSA DESIGN web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the DESOUSA DESIGN web pages for any other purpose whatsoever without the prior written permission of DESOUSA DESIGN.
DESOUSA DESIGN is not responsible for Third-Party Services, Sites or Content
As a service to my clients and users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. Your use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
WEBSITE POLICIES, MODIFICATIONS SEVERABILITY
DESOUSA DESIGN reserves the right to make changes to DESOUSA DESIGN website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Client shall pay to Martin de Sousa operating as DESOUSA DESIGN any and all Provincial and Federal taxes payable in respect of the Design Project and any additional services, including fees, expenses and disbursements, or in respect of any goods and services supplied to the Client or amounts payable by the Client under this Agreement. All dollar amounts shall be paid in Canadian Dollars.
All prices shown on desousadesign.com or any DESOUSA DESIGN documentation are quoted in Canadian dollars are are valid and effective in Canada only. DESOUSA DESIGN reserves the right to modify service prices at any time and without prior notice. All prices indicated excludes taxes and travel fees, unless stated otherwise
Depending on the services provided by DESOUSA DESIGN, the design fee is a fixed fee basis or hourly rate basis, by the agreed amount specified in the agreement. The design fee will be payable in the following instalments.
For the Essential or consultation Packages, full payment of (100%) is required.
For all other Design Packages, initial payment of (50%) is required to start the Design Project.
The remaining payment of (50%) shall be made upon delivery of final design.
Additional design services outside the scope of this agreement will be billed to the client at the hourly design rate, unless otherwise stated.
Payments can be made by cash, or cheque (payable to Martin de Sousa),
or email transfer (email@example.com)
For clients and design projects outside the Toronto (York Region), a travel fee will apply. For any out of town job that exceeds 100km, a separate travel fee will be negotiated with the client.
LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable design fees, desousadesign.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of desousadesign.com services. This licence does not include any resale or commercial use of desousadesign.com services or its contents;, descriptions, prices; any derivative use of desousadesign.com services or their contents; any downloading or copying of account information for the benefit of a 3rd party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by DESOUSA DESIGN or its licensors, suppliers, publishers, rightsholders, or other content providers. Desousadesign.com services, or any part of Desousadesign.com services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DESOUSA DESIGN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photoss, images, text, page layout, or forms) of desousadesign.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing DESOUSA DESIGN name or trademarks without the express written consent of DESOUSA DESIGN. You may not misuse desousadesign.com services. You may use desousadesign.com services only as permitted by law. The licenses granted by DESOUSA DESIGN will terminate if you do not comply with these Conditions of Use.
The Client represents and warrants that: (i) all information provided to the DESOUSA DESIGN by the Client or on behalf of the Client is, to the best of the Client's knowledge, accurate, complete and reliable; (ii) the use by DESOUSA DESIGN of the information provided by the Client will not infringe on any rights of third parties; and (iii) the Client has the authority to disclose the information to DESOUSA DESIGN. The Client acknowledges that DESOUSA DESIGN will rely on the information provided in entering into this Agreement and providing the design services. The Client shall indemnify DESOUSA DESIGN in respect of any claim or expense resulting from the Client's breach of any representations or warranties.
NO REPRESENTATION OR WARRANTY
DESOUSA DESIGN does not make any representation or warranty regarding the execution, means or method of construction or any changes to specifications or regarding the quality of goods or materials supplied, and/or installed in connection with the Design Project, including any representation or warranty that such goods or materials are free of defects, fit for the purpose intended or are merchantable. DESOUSA DESIGN shall not be liable for any defects in the goods or materials supplied and/or installed for the Client by third parties. The Client agrees to look only to the third party provider for any legal remedy in respect of such defect.
SUSPENSION OR ABANDONMENT
The Client may suspend or abandon the Design Project at any time by providing notice in writing to DESOUSA DESIGN . Upon receipt of such notice, DESOUSA DESIGN shall not perform further design services, acting reasonably, considers necessary for the suspension or abandonment of the Design Project, provided they are completed within a reasonable time. The Client shall pay to DESOUSA DESIGN all fees earned and disbursements incurred prior to the suspension or abandonment of the Design Project. The Client may resume the Design Project by notice to DESOUSA DESIGN , the Design Fee shall be adjusted to provide for reasonable expenses incurred as a result of the suspension or abandonment and resumption and expenses shall be agreed to as between DESOUSA DESIGN and the Client prior to the resumption of the Design Project. Any fixed fees agreed to by DESOUSA DESIGN and the Client shall no longer apply upon the resumption of the Design Project and the Client shall pay an hourly rate to the The Designer. If the suspension or abandonment continues for a period of sixty (60) days or more, or the Client has suspended or abandoned the Design Project on two or more occasions, the Designer may terminate the Agreement by providing a Notice of Termination to the Client. Any fees or disbursements then outstanding shall become immediately due and payable to DESOUSA DESIGN.
LIMITATION OF LIABILITY
RELEASE. The Client hereby release DESOUSA DESIGN, its successors and assigns from any and all liability that the Designer might have to the Client for any amounts in excess of the fees paid for the Design Project or the amount payable under the Designer's professional liability insurance referable to the Client's claim, whichever is less.
INSURANCE. The Client acknowledges that the Designer maintains professional liability insurance including general liability and errors and omissions liability. The Designer shall not be responsible for purchasing and maintaining additional liability insurance. Any additional liability insurance requested or required shall be obtained by the Client at the Client's own expense.
NOTICE. Any notice or communication required under this Agreement shall be made in writing and shall be effectively given if sent by mail, private courier, facsimile or email to the address provided by the Designer and the Client when entering into this Agreement. Any change in address, email or facsimile number must be provided to the other party within ten (10) days of the change.
SUCCESSORS AND ASSIGNS
This Agreement shall ensure to the benefit of, and be binding on, the parties and their respective successors and permitted Assigns. No party may assign all or any part of its respective rights or obligations under this Agreement without the prior written consent of the other party.
DESOUSA DESIGN or the Designer is not liable for non performance or delay in performance of the design services caused by circumstances beyond the Interior Designer's control (“force majeure event”). A force majeure event includes without limitation, (i) acts of God, war, terrorism, riots, fire, explosions, floods, strikes, lockouts, injunctions, accidents, products short supply, unforeseen shut down of major sources of supply, breakage of machinery or apparatus or national emergency, (ii) third parties inability to attain required building permit, (iii) the occurrence of any unforeseeable contingency making performance impractical, or (iv) compliance in good faith with any applicable governmental statute, regulation, decree, rule or order. This section does not apply to payment obligations.
This Agreement shall be governed by the Laws of the Province of Ontario and the laws of Canada as applicable and shall be treated, in all respects, as an Ontario contract and any claim hereunder shall be submitted to an Ontario court.
In the event of a dispute relating to the payment of funds, the undisputed portion of the funds, if any, shall be paid in accordance with this Agreement. Prior to initiating litigation proceedings, the parties shall first attempt to resolve any dispute informally and confidentially, through meetings between senior representatives of both parties. The representatives shall meet as often as they feel necessary to discuss the issue and negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding. All unresolved disputes, controversy or claims arising out of or in relation to this Agreement shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Small Claims Court) which shall have exclusive jurisdiction for such a dispute.
By reading and understanding the DESOUSA DESIGN Terms and Conditions,
you hereby agree with the subject terms and conditions and agree to be bound by same.