These terms and conditions, together with the proposal (“the Proposal”) provided by Design and Refine Ltd. (the “Interior Designer” or “Designer”), set out the agreement between Design and Refine Ltd. and you (“the Client”). They will apply once you, the Client, confirm our services. You should read these terms and conditions carefully.

“The Client” is the person (or persons) who received the proposal and engage the services of the Interior Designers (where more than one they are joint and severally liable)

“The Interior Designers” or “Designers” are Jenna Hewitt and Natalie Jahangiry of Design and Refine Ltd whose trading address is 1 Belmont Road, Twickenham, TW2 5DA

“The Assignment” is the project of works, goods and services set out in the proposal.

“The Proposal” is the Interior Designers’ written report detailing the client’s specific services discussed during the consultation.

“Original budget” is the amount specified in the consultation report or subsequently agreed in writing between the Interior Designers and the Client as the agreed level of the Client’s expenditure on the assignment.

“Budget” is the original budget as adjusted from time to time by agreement between the Interior Designer and the Client.

3.1    Design and Refine Ltd. endeavours to advise the Client of predicted timescales of works. All such dates shall be approximate only and Design and Refine Ltd. cannot be held responsible for any delay in completion.

3.2    Design and Refine Ltd. act as an agent on your behalf to organise and negotiate third-party contracts for the supply of goods and services for the client.  All third-party contracts will be entered into between the Client and the supplier. This arrangement will ensure that you have a direct contractual relationship with all of your suppliers. It will be your responsibility to comply with the Terms & Conditions of all third-party suppliers.

3.3    Design and Refine Ltd. does not accept any liability in respect of any delay or non-observance by you of any third-party contract terms.  We will, however, endeavour to remind you of all approaching payment deadlines.

3.4    The performance of the third-party contracts is beyond the control of the Interior Designers.  We do not accept any responsibility for the late, unsatisfactory or non-performance of a third-party supplier.  We will, however, endeavour to remedy any problems that may arise in this regard.

3.5    We do not purchase goods or services on your behalf.  If there are circumstances where this is agreed between the Planner and the Client, we may, at our absolute discretion, make such a purchase, subject to an additional charge of 15% of the value of the purchase.

3.6    We aim to provide services using reasonable care and skill. You, the client acknowledge that our services are conceptual and should be verified with relevant third-party suppliers engaged by you to implement the design. You are responsible for submitting all conceptual drawings and materials to relevant third parties (e.g. architects, structural engineers, builders, local council) for technical interpretation and verification and all who will be responsible for the review of all applicable laws, regulations, permissions, and compatibility.

4.1    Sufficient information to prepare the proposal, we will obtain this information at the initial design consultation.

4.2    Existing project photographs.

4.3    Conceptual styling images you think may be relevant.

4.4    A detailed inventory including dimensions of any existing items to be incorporated into the scheme.

4.5    We will perform our services to the plans and measurements you have given us. You are responsible for ensuring these are correct.

4.6    You agree to cooperate with the Designer and make yourself available for all required decision-making concerning the assignment.

5.1    The Price for the Assignment is set out in the attached proposal. There is no VAT. The Price includes all advance planning, preparations and delivery of services, as detailed in the attached proposal. The Price is paid as set out in this clause (“the Payments”) and excludes any expenses that will be incurred by the Planner (see clauses 5.2.)

5.2    Client agrees to reimburse the Interior Designer for all actual, out-of-pocket expenses incurred by Designer in relation to the Project, including but not limited to costs to obtain samples, drawings, drafting services, parking, postage and handling, freight, delivery, and storage costs. Client shall approve in advance and reimburse Designer for all reasonable travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the Project.

5.3    A deposit Payment (“the Deposit”) of 50% of the Price shall be paid upon entering this agreement (signing these Terms of Business). It is non - refundable once paid so please refer carefully to Clause 6

5.4    A second Payment of the remaining 50% of the Price shall be paid on delivery of the services.

5.5    The Price (the Payments and Deposit as set out above) and any expenses shall be the Fees of the Interior Designer

5.6    The original budget is acknowledged by the client to be an estimate for the Assignment (as set out in the proposal). The Assignment budget excludes the price of the Designer’s services. As the Assignment progresses, the budget may increase or decrease by agreement between the `Interior Designer and the Client.

6.1    The Assignment can be cancelled by either party in writing or by email to jen@designandrefineinteriors.com or nat@designandrefineinteriors.com subject to the matters set out in this clause.

6.2    If the Interior Designers cancel the Assignment, the Deposit will be refunded minus the sum of the hours worked and any expenses incurred by the Designers from the beginning of the contract to the point of cancellation.

6.3    If the Client seeks to cancel this Assignment then the Deposit shall be forfeited, and the client will be liable to pay Design and Refine Ltd. for any work and services provided to the date of termination (included but not limited to services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any costs incurred by Design and Refine Ltd.

7.1    The Client shall pay each invoice submitted by the Designer in full and in cleared funds. Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the services may be suspended and payment in advance may be required before the services are re - commenced.

7.2    If payment is not made in accordance with the above clauses, the Designer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

7.3    Each party will keep the confidential information of the other party and any third party confidential and only use it for the purposes of supplying the services or making proper use of the services. Each party recognises and accepts its obligations regarding the control and processing of personal data under the current data protection legislation and regulations.

7.4    The Client grants to the Designer consent to use any work including photographs created as part of the Assignment to show off its services and designs, together with the right to display images as part of its portfolio and to write about the Assignment on websites, and in its marketing materials.  If you do not wish to grant this consent you must confirm this in writing to Design and Refined Ltd. within 7 days of entering into this agreement.

8.1    This clause sets out the entire financial liability of the Co-ordinator (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:

8.1.1               any breach of this agreement;

8.1.2               any use made by the Client of the Services; and 

8.1.3               any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

8.2    All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

8.3    Nothing in this clause limits or excludes the liability of the Designer:

8.3.1               for death or personal injury resulting from negligence; or

8.3.2               for any damage or liability incurred by the Client because of fraud or fraudulent misrepresentation by the Designer.

8.4    Subject to conditions 8.2 and 8.3 the Co-ordinator shall not be liable for:

8.4.1               loss of anticipated savings; or

8.4.2               loss of goods; or

8.4.3               loss of contract; or

8.4.4               loss of use; or

8.4.5               loss or corruption of data or information; or

8.4.6               any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses; and the Desinger’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the Fee paid as at the date of such claim.

8.5    Design and Refine Ltd. shall have no liability to the Client for the loss, damage, cost, expenses, or other claims for compensation arising from any information or instructions which is or are incomplete, incorrect or inaccurate.

8.6    The services may be terminated if payment of the Fees is not made per these terms; or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing; or if the Client makes any statements or behaves in any way or requests the Designer to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends its business. Upon termination, the Client shall immediately pay any Fees for work done to that point, to the Designer.

9.1    The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Design and Refine Ltd. in connection with the services, shall belong to Design and Refine Ltd. absolutely. Any such materials, documents or items shall be or remain the sole property of Design and Refine Ltd.

10.1     The Designer shall not be liable for any breach of contract due to force majeure.

10.2    Nothing in these terms are intended to create a partnership or joint venture between the Designer and the Client, and no party has the right to act as an agent for the other or to bind the other party in any way.

10.3    Variations to the Assignment, or to the services, may only be agreed in writing. Services outside the scope of the proposal will attract additional charges. Any changes to the date of the Assignment will constitute a cancellation and clause 6 shall apply.

10.4    Following the conclusion of these services the Designer may wish to contact you to request testimonials, recommendations, or feedback on the services. By agreeing to these terms, you are consenting to that contact by the Designer after the conclusion of the services.

10.5      These terms and any dispute arising from them shall be governed by the laws of England and Wales.