Terms & Conditions

The legal agreements set out below govern your use of the VDA Virtual Design services. To agree to these terms, click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the services.

 

Designer shall, as and where appropriate, perform the following.

  • Determine Client's design preferences and requirements.

  • Conduct an initial design study.

  • Prepare presentation boards to generally illustrate Designer's suggested items of movable furniture, furnishings, light fixtures, hardware, fixtures, wall finishes and/or wall coverings, accessories, window treatments and the like ("Merchandise").

  • Prepare layout showing location of movable furniture and furnishings.

  • Prepare a price worksheet to include retail pricing for all items selected by the Designer.

  • Complete the digital presentation boards, digital layout and digital price worksheet ("Design Concept") within 30 days of payment.

  • CLIENT CAN REQUEST A "ONE-TIME" ADDITIONAL MODIFICATION TO THE COMPLETED DESIGN CONCEPT, FOR PURPOSES OF SUBSTITUTION OF ITEMS SELECTED BY DESIGNER, NOT TO EXCEED TWENTY-FIVE PERCENT OF THE TOTAL PRODUCT ITEMS SELECTED IN THE COMPLETED DESIGN CONCEPT. If the client wishes to include a more extensive revision, the Client may purchase additional services, outlined below as "Additional Service".

 

FEES

  • Prior to commencing Design Concept Services, Designer shall receive payment from the client by purchasing the VDA "Design Fee". This non-refundable Design Fee is payable upon agreeing to the Terms & Conditions and purchasing the VDA Design service, all sales are final.

  • Should Designer agree to perform any design service not described above, or client wishes to purchase additional revisions to a completed Design Concept, such "Additional Service" will be invoiced to Client at the following hourly rate for a VDA Designer billable at $150.00 per hour. Hourly charges will be invoiced to Client on a weekly basis, and are payable upon receipt of invoice. Designer shall be entitled to withhold the further performance of services, should Client fail to timely make any payments due Designer.

  • Any sales tax applicable to Merchandise shall be the responsibility of Client. Any additional charges applicable to Merchandise for delivery & handling, or any other additional fees charged by the Manufacturer are not included in the price sheet and shall be the responsibility of Client.

 

INTERIOR SPECIFICATIONS

  • If the nature of the project requires engagement by Client of any contractors perform work based upon Designer's concepts, drawings, or interior design specifications not otherwise provided for in the Interior Specifications and Purchasing Services, Client will enter into contracts directly with the concerned contractor.

  • Constant observation of work at the Project site is not a part of Designer's duties. Designer is not responsible for the performance, quality, timely completion or delivery of any work, materials or equipment furnished by contractors pursuant to direct contracts with Client.

  • As all measurements and dimensions are provided to VDA Virtual Design by the Client, VDA Virtual Design cannot be held responsible for any issues regarding "fit" for recommended items. Client is responsible for checking dimensions of recommended items before purchase. Any restocking fees or returns are solely the responsibility of the Client with the Manufacturer.

  • Designer's drawings and specifications are conceptual in nature and intended to set forth design intent only. They are not to be used for architectural or engineering purposes. Designer does not provide architectural or engineering services. Designer's services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed at the Project.

 

MISCELLANEOUS

  • Design Concept are conceptual in nature and intended to set forth design intent only. VDA Virtual Design, Vanessa Deleon Associates and Designer are not responsible for the manufacturing, distribution or product design of any product recommended in the Design Concept. Any purchases of product are a direct contract between the Manufacturer and the Client, and do not hold any legal obligations to VDA Virtual Design, Vanessa Deleon Associates and Designer for any issues, including but not limited to defects, delivery issues or damages.

  • Final proofreading and in the event that Client has approved Design Concept but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

  • Should the nature of the Designer's design concepts require the services of any other Design professional, such professional shall be engaged directly by Client pursuant to separate agreement as may be mutually acceptable to Client and such other design professional.

  • All concepts drawings and specifications prepared by Designer's firm ("Project Documents") and all copyrights and other proprietary rights applicable thereto Remain at all times Designer's property. Project Documents may not be used by Client for any purpose other than completion of Project by Designer.

  • Designer cannot guarantee that actual prices for Merchandise and/or Interior Installation or other costs or services as presented to Client will not vary either by Item or in the aggregate from any Client proposed budget.

  • This Agreement may be terminated by either party upon the other party's default in performance, provided that termination may not be effected unless written notice specifying nature and extent of default in performance date receipt of such notice.

  • Termination shall be without prejudice to any and all other rights and remedies of Designer and for all items of Merchandise, Interior Installations and other services on order as of the termination date.

  • Client is responsible to obtain all approvals required by any government agency or otherwise in connection with this Project.

  • Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer's sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the Design Concept prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express agreement of the parties and the various terms and conditions of this Agreement.

  • Neither Client nor Designer may assign their respective interests in this Agreement with out the written consent of the other.

  • THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD "AS IS." IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITYOF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES ("DESIGNER PARTIES"), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOT WITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

VDA Virtual Design Agreement

The laws of the State of New Jersey shall govern this Agreement. Any provision of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon both Designer and Client. This Agreement is a complete statement of Designer's and Client's understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only by a writing signed by both Designer and Client.

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601 West 26th Street Ste. M227

New York, NY 10001

P//212-706-9724

vdeleonvda@gmail.com

 

© 2015 Vanessa DeLeon Associates

 

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