This Service Agreement (“Agreement”) is made and entered into between The Invited Home, hereinafter referred to as the “Designer,” and the purchaser, hereinafter referred to as the “Client,” collectively referred to as the “Parties.”
Scope of Services
The Designer agrees to provide the Client with Virtual eDesign Services, which include the following:
a. Discovery Phone Call: The Designer will conduct a discovery phone call with the Client to discuss the Client’s design preferences, requirements, and any other relevant information.
b. Room Design Mood Board: Based on the information gathered during the discovery call, the Designer will create a room design mood board. The mood board will include visual representations, such as images and sample materials, to give the Client an idea of the proposed design concept.
c. Itemized Purchase List: The Designer will provide the Client with an itemized purchase list that outlines the recommended furniture, accessories, materials, and other design elements needed to achieve the desired design concept. The purchase list may include product images, descriptions, dimensions, quantities, and estimated costs.
Client’s Responsibilities
The Client agrees to fulfill the following responsibilities:
a. Accurate Measurements: The Client will provide accurate measurements of the room(s) to be designed. These measurements should include dimensions of walls, windows, doors, and any other relevant architectural features. The accuracy of these measurements is crucial for the creation of an effective design plan.
b. Estimated Furnishing Budget: The Client will provide the Designer with an estimated budget for furnishing and implementing the design concept. This budget will assist the Designer in selecting appropriate furniture, accessories, and materials within the Client’s financial constraints.
c. Prompt and Accurate Information: The Client will provide accurate and timely information to the Designer regarding their design preferences, budget limitations, and any other relevant details necessary for the provision of services.
d. Design Feedback: The Client will provide feedback to the Designer within a reasonable time frame upon receiving the room design mood board and the itemized purchase list. The Client’s feedback will help the Designer refine and finalize the design concept.
e. Purchasing and Installation: The Client acknowledges that they are responsible for purchasing and installing the recommended items from the itemized purchase list. The Designer is not responsible for any purchasing, delivery, or installation services unless otherwise agreed upon in writing.
Payment Terms
a. Service Fee: The Client agrees to pay the Designer the agreed-upon service fee for the virtual eDesign services provided. The fee will be communicated and agreed upon in writing prior to the initiation of services.
b. Payment Schedule: The Client will make the full payment for the virtual eDesign services before the commencement of the project, unless otherwise agreed upon in writing between the Parties.
Agreement Acceptance
a. By purchasing the virtual eDesign service from the Designer, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions set forth in this Service Agreement. The Client further acknowledges that the provisions of this Agreement shall govern the relationship between the Parties.
The Client agrees that their purchase of the service serves as explicit acceptance of this Agreement, and they are legally bound by its terms and conditions. In witness whereof, the Parties have executed this Service Agreement as of the date of the Client’s purchase of the Design service. By making the payment for the virtual eDesign service, the Client indicates their acceptance and agreement to the terms and conditions of this Service Agreement.
Ownership of Design Concepts
a. Intellectual Property: The Designer retains all rights, title, and interest in the room design mood board and any other design concepts or materials created during the provision of services, including but not limited to sketches, drawings, and digital files.
b. Client’s Use: The Client is granted a non-exclusive, non-transferable license to use the room design mood board and associated materials solely for personal use and for the purpose of implementing the design concept in their own space. The Client shall not reproduce, distribute, or use the design concepts for commercial purposes without obtaining written permission from the Designer.
Confidentiality
Both Parties agree to maintain the confidentiality of any confidential information shared during the provision of services. Confidential information includes, but is not limited to, proprietary business information, trade secrets, and personal information. The Parties shall not disclose such information to any third party without prior written consent, except as required by law.
Termination
Either Party may terminate this Agreement in writing if the other Party breaches any material provision of this Agreement. In the event of termination, the Client shall pay the Designer for services rendered up to the termination date, including any applicable expenses incurred.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Texas. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Denton County.