Hourly Consultations - Terms and Conditions
Definitions
Confidential Information: all information relating to your business and affairs and Poets Corner Interiors’ business and affairs which either Party directly or indirectly receives or acquires from the other Party or any representative of the other Party, in connection with the Services, whether in writing, by electronic mail or orally and which is not otherwise already in the public domain.
Consultation Fee: £195 per hour (inclusive of VAT (where applicable)).
Other Client Appointments: other consultant or services appointments (including contractor and trade appointments) which have been, or may need to be, made by you in connection with your project.
Party/Parties: you and Poets Corner Interiors.
Poets Corner Interiors: Poets Corner Interiors Limited (Company Number: 14882470).
Project Information: all information provided by you (including but not limited to any and all messages, photos, video, audio, images, data, information, text, communications, materials, documentation, dimensions, plans and/or content) which Poets Corner Interiors reasonably advises is necessary for the proper and timely performance of the Services.
Services: a one hour interior design consultation held by video conference call (including a written report which summarises Poets Corner Interiors’ ideas and suggestions from the consultation).
2. General Interpretation
(1) Where an action is required to be taken within a specified period, in calculating a period, a day shall be a calendar day and a date shall be a calendar date. When a period is calculated it shall exclude public holidays.
(2) You agree to be bound by the provisions of these terms and conditions for as long as is necessary to give effect to our respective rights and obligations.
(3) These terms and conditions supersede any previous agreement or arrangements, (whether oral or written) and represent the entire agreement in relation to the Services.
(4) Poets Corner Interiors reserves the right to update or modify these terms and conditions and/or any additional terms at any time.
(5) If any clause or part of any clause of these terms and conditions is ruled by the courts or declared to be invalid or unenforceable in any way, it shall be severed from these terms and conditions and this shall not affect any other clause of these terms and conditions, nor the validity of the remaining clauses of these terms and conditions, which shall remain in full force.
(6) These terms and conditions are subject to the law of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
(7) To the extent that Poets Corner Interiors processes personal data, as part of the provision of Services, Poets Corner Interiors undertakes to do so in compliance with the General Data Protection Regulation (GDPR) and to keep such personal data in a secure technological environment. Please refer to our Privacy Policy.
(8) All written notices must be sent to info@poetscornerinteriors.co.uk.
3. Your Responsibilities
You shall:
(1) provide, free of charge, any Project Information in the your possession and Poets Corner Interiors shall be entitled to rely on such Project Information;
(2) appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements;
(3) hold the Other Client Appointments, and not Poets Corner Interiors, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments;
(4) pay any statutory charges and any fees, expenses and disbursements in respect of any obligations for planning, building control and other consents.
(5) You acknowledge that Poets Corner Interiors does not warrant:
(a) that planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale; and
(b) compliance with any project programme and project cost, the competence, performance, work, services, products or solvency of any Other Client Appointments.
(6) You warrant that you have access to all equipment required to enable you to fully participate in the Services.
4. Poets Corner Interiors’ Responsibilities
(1) Poets Corner Interiors shall perform the Services with due regard to the Project Information.
(2) In the performance of the Services, Poets Corner Interiors will exercise the reasonable skill, care and diligence to be expected of an interior designer experienced in the provision of such services for projects of a similar size, nature and complexity to your project.
(3) Subject to clause 5(2), the Interior Designer shall have the right to publish photographs and other information relating to the Services.
(4) Notwithstanding anything that may appear elsewhere to the contrary, whether under these terms and conditions or otherwise, Poets Corner Interiors’ duties and obligations shall be deemed to be subject to the exercise of such reasonable skill, care and diligence and nothing contained in these terms and conditions or elsewhere shall be construed as imposing on Poets Corner Interiors any greater duty than the exercise of such reasonable skill, care and diligence.
5. Confidentiality
(1) You shall not disclose Confidential Information unless:
(a) disclosure is necessary to take professional advice in relation to the terms and conditions or the Services;
(b) it is already in the public domain other than due to your wrongful use or disclosure;
(c) disclosure is required by law or because of disputes arising out of or in connection with these terms and conditions.
(2) Poets Corner Interiors shall not disclose Confidential Information unless:
(a) disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to these terms and conditions or the Services, or in order to obtain/maintain insurance cover as required by these terms and conditions;
(b) it is already in the public domain other than due to the wrongful use or disclosure by Poets Corner Interiors;
(c) disclosure is required by law or because of disputes arising out of or in connection with these terms and conditions.
6. Fees
(1) The Consultation Fee shall be payable at least 24 hours before the Services are due to commence.
(2) If Poets Corner Interiors is involved in extra work or incurs extra expense for reasons beyond Poets Corner Interiors’ control, additional fees shall be calculated on a time basis at the rate of £50 per hour.
7. Copyright and Licence
(1) Poets Corner Interiors shall own all intellectual property rights, including the copyright in the drawings and documents produced in performing the Services, and this clause generally asserts Poets Corner Interiors’ moral right to be identified as the author of such work.
(2) You agree that you will not resister any part of any design by Poets Corner Interiors under the Registered Designs Regulations 2001.
(3) To the extent that fees and other amounts properly due are paid, you shall have a licence to copy and use all drawings and documents provided by Poets Corner Interiors in either paper or digital formats only for purposes related to the implementation of your project or its subsequent use or sale.
(4) Copying or use of the drawings and documents which have been provided in either paper or digital formats by any Other Client Appointments shall be deemed to be permitted under a sub-licence granted by you, whether such drawings and documents were issued by you or on your behalf.
(5) Poets Corner Interiors shall not be liable for any use of the drawings and documents which have been provided in either paper or digital formats other than for the purpose for which they were prepared and provided by Poets Corner Interiors.
(6) If at any time you are in default of payment of any fees or other amounts properly due, Poets Corner Interiors may suspend further use of the licence and any sub-licences for the drawings and documents to which the unpaid monies relate on giving 7 days’ notice of the intention to do so. Use of the licence may be resumed on receipt of such outstanding amounts.
8. Poets Corner Interiors’ Liability
(1) In the event of any action or proceedings:
(a) Poets Corner Interiors’ liability for loss or damage shall not exceed the amount of Poets Corner Interiors’ professional indemnity insurance; and
(b) no employee of Poets Corner Interiors or any agent of Poets Corner Interiors shall have any personal liability to you for any negligence, default or any other liability whatsoever arising from performance of the Services.
9. Information Formats
(1) Where produced using CAD, BIM or other proprietary software, drawings and documents shall be provided to you in PDF format only, unless an alternative format has been agreed.
(2) Without prejudice to Poets Corner Interiors’ obligations under these terms and conditions, Poets Corner Interiors does not warrant, expressly or impliedly, the integrity of any electronic data delivered in accordance with these terms and conditions.
(3) Poets Corner Interiors shall have no liability to you in connection with any corruption or any unintended amendment, modification or alteration of the drawings and documents in digital format which occurs after they have been issued by Poets Corner Interiors.
10. Client’s Right to Cancel
(1) We do not offer refunds for change of mind, missed or cancelled appointments, unless a written cancellation request is received more than 24 hours before the Services are due to commence.
(2) Whilst Poets Corner Interiors makes every effort to avoid clashes and or cancel consultation appointments, Poets Corner Interiors, at its discretion may cancel or reschedule appointments at any time and for any reason prior to the scheduled time.
(3) Where the Services are cancelled in accordance with clause 10(1) or clause 10(2) above and it has not been possible to reschedule the Services, you will receive a refund of the Consultation Fee. Poets Corner Interiors will use its best endeavours to process the refund within 3 days.