TERMS & CONDITIONS
These Terms and Conditions apply to all Services provided by us, Nina Watson Interiors Ltd, a company registered in England and Wales under number 16748935 whose registered address is at 128 City Road, London EC1V 2NX
(referred to as “we/us/our”).
1. DEFINITIONS AND CONTRACT
1.1 In these Terms & Conditions, “we”, “us” and “our” mean the Interior Designer named in the Proposal; “you” and “your” mean the client; “Proposal” means our written fee proposal, scope of services and any agreed project programme; and “Services” means the interior design services described in the Proposal.
1.2 The Contract between us consists of the accepted Proposal, these Terms & Conditions and any written variations subsequently agreed between us. If there is any inconsistency, the Proposal will take priority in relation to the particular project scope, fees and programme.
1.3 Our fees are based on the Services, deliverables and anticipated project duration described in the Proposal. A fixed design fee does not provide unlimited designer time, revisions, meetings, correspondence or availability.
1.4 Any dates or programmes given are estimates unless expressly stated otherwise. They depend on timely decisions, information, access, approvals, payments, supplier lead times and third-party performance.
2. OUR SERVICES
2.1 We will provide the Services with reasonable care and skill and in accordance with the agreed Proposal.
2.2 The scope may include, where stated in the Proposal, concept design, space planning, colour and finish schemes, sourcing, specifications, bespoke joinery concepts, lighting concepts, Room Portraits, visualisations, drawings, procurement support, site visits and installation/styling support.
2.3 Any service not expressly included in the Proposal is outside the agreed scope and may be quoted or charged separately.
2.4 Room Portraits, moodboards, renders and other visualisations are illustrative design representations. They are not construction drawings and should not be relied upon for structural, architectural, engineering, building-regulation or construction purposes. Colours, textures and scale may appear differently on screens, in print, in different lighting and between production batches.
2.5 Where technical drawings, structural advice, architectural services, specialist surveys or other professional services are required, these must be provided or checked by the appropriately qualified professional.
3. CLIENT RESPONSIBILITIES, FEEDBACK AND REVISIONS
3.1 You agree to provide accurate information, access, measurements where requested, decisions, feedback and approvals reasonably required for us to perform the Services.
3.2 Unless otherwise agreed in writing, we ask that feedback, approvals and decisions are provided within 5 working days of our request. For particularly substantial or complex decisions, we may agree a longer period in writing.
3.3 Where there is more than one client or decision-maker, you must provide one consolidated set of agreed instructions and feedback. We are not responsible for delay, duplication or additional work caused by conflicting instructions or subsequent changes between decision-makers.
3.4 Unless the Proposal states otherwise, the design fee includes a maximum of two revision rounds to the chosen design. A revision round means one consolidated set of feedback following presentation of a design.
3.5 Separate, piecemeal or late requests may constitute an additional revision. Substantial changes to the original brief or design direction are not revisions and may require an additional fee.
3.6 Once a design, layout, product, colour, finish, fabric, joinery design or other element has been approved, any later request to reconsider or change that approval is additional work and may be charged at our standard hourly rate.
3.7 The number of meetings, presentations and site visits included is stated in the Proposal. Additional meetings, site visits, unscheduled calls or extensive correspondence beyond that reasonably anticipated within the scope may be charged at our standard hourly rate. Where reasonably practicable, we will tell you before additional charges are incurred.
3.8 Travel, mileage, parking, congestion charges and other travel expenses will be charged as stated in the Proposal or otherwise agreed in writing.
4. PROJECT PROGRAMME, CLIENT DELAYS AND PAUSES
4.1 Any anticipated project programme is based on you meeting the decision, approval, payment, access and information deadlines reasonably requested by us.
4.2 If you do not provide required information, feedback, approval, access or decisions within the agreed or reasonably requested timeframe, the programme will be adjusted accordingly and any previously anticipated completion date may cease to apply.
4.3 We reserve specific periods of studio time for projects. A client-caused delay does not simply move our obligations by the same number of days. If reserved time is lost, we may release it to other work and reschedule your project into our next reasonably available studio slot. We cannot guarantee immediate recommencement when you are ready to proceed.
4.4 We allow a grace period of 5 working days beyond an agreed or reasonably requested client deadline. Where a client-caused delay continues beyond that period and materially disrupts reserved studio time or the agreed programme, we reserve the right, after notifying you in writing, to charge a project delay and rescheduling fee of £500 per complete week of continuing material delay, calculated pro-rata for part weeks.
4.5 The purpose of the fee in clause 4.4 is to reflect reasonable additional administration, rescheduling and loss arising from disruption to reserved studio capacity. It will not be applied so as to recover more than our reasonable loss, and we will take reasonable steps to mitigate that loss. Any amount charged may be reduced where reserved time is successfully reallocated.
4.6 Additional work caused by a client delay, including re-sourcing, obtaining revised quotations, revising specifications or drawings, additional supplier or contractor liaison, additional meetings or administration, may be charged at our standard hourly rate.
4.7 If you ask to pause the project, the original programme and anticipated completion date may be withdrawn and reserved studio time may be released. When you are ready to resume, the project will be scheduled into our next reasonably available studio time.
4.8 Where a client-requested pause or lack of required client input continues for more than 30 days, we may place the project on hold and invoice all fees, expenses and committed costs accrued to that date. Any additional work reasonably required to restart the project may be charged separately.
4.9 Where a project remains paused or dormant for more than 90 days, we may close the project on reasonable written notice. Any later recommencement may require a revised Proposal, programme and fees.
4.10 Where the project extends materially beyond the anticipated duration for reasons outside our reasonable control, including client delay, repeated changes, changes of brief or client-requested pauses, we may review our fees and provide an additional fee proposal for further Services required. No additional Services under a revised fee will be undertaken without informing you.
5. SOURCING, ORDERS, SUPPLIERS AND CONTRACTORS
5.1 Product, material, supplier, contractor, delivery and lead-time information is based on information available when supplied and may change. We cannot guarantee long-term availability, price, colour matching, production batches or delivery dates.
5.2 If a specified item becomes unavailable, discontinued, more expensive or subject to a materially changed lead time following client delay in approval, payment or purchasing, we are not responsible for the resulting cost or programme change. Time spent sourcing alternatives may be charged additionally.
5.3 Unless expressly agreed otherwise, contracts for goods and services supplied by third parties are between you and the relevant supplier, retailer, maker, contractor or tradesperson. You are responsible for paying them directly.
5.4 We may recommend suppliers, makers, contractors and tradespeople, but unless expressly stated otherwise they are independent third parties and we are not responsible for their acts, omissions, workmanship, delays, insolvency or contractual performance.
5.5 You should check order confirmations, quantities, dimensions, finishes and delivery details before placing or authorising orders. Where we assist with specifications or orders, final site dimensions and technical suitability must be checked by the relevant contractor, maker, installer or other competent professional before manufacture or installation.
5.6 We are not responsible for loss caused by inaccurate site information or measurements supplied by you or a third party, or by a contractor failing to verify dimensions or technical requirements before carrying out work.
5.7 Any trade discounts, commissions or procurement arrangements applicable to a project will be dealt with as described in the Proposal or otherwise disclosed where required.
6. FEES, INVOICING AND PAYMENT
6.1 Fees and the payment schedule are stated in the Proposal. Where the Proposal divides the Services into phases, each phase and its fee will be treated in accordance with the agreed payment schedule.
6.2 Invoices are payable by the due date shown on the invoice. We may suspend Services where an invoice remains unpaid after its due date, and any resulting programme delay will be treated as a client-caused delay.
6.3 You are responsible for agreed third-party costs, purchases, samples, postage, couriers, travel and other expenses reasonably incurred for the project.
6.4 Where additional work is chargeable at our standard hourly rate, the applicable rate will be stated in the Proposal or notified to you before the relevant additional work where reasonably practicable.
6.5 Any late-payment interest or recovery charges will only be applied to the extent permitted by law and as stated in the Proposal or invoice.
7. CANCELLATION AND TERMINATION
7.1 Any statutory consumer cancellation rights, including any applicable cooling-off rights for distance or off-premises contracts, are unaffected by these Terms. Where you have a statutory right to cancel, we will provide the information required by law.
7.2 After any applicable cooling-off period, you may terminate the Contract for convenience by giving us at least 14 days' written notice, unless a different period is stated in the Proposal.
7.3 Where you terminate for reasons not attributable to our breach, you remain responsible for all fees for Services completed up to the effective termination date, all work properly undertaken within a phase that has commenced, and all expenses, purchases and commitments reasonably incurred or entered into for the project which cannot reasonably be recovered or cancelled.
7.4 For remaining commissioned Services which have not commenced, we may charge a reasonable cancellation fee of up to 25% of the fees for those remaining commissioned Services, but only to the extent that this represents a genuine and reasonable estimate of the direct loss caused by the cancellation, including studio time specifically reserved for the project and reasonable loss of profit, after taking account of costs we save and reasonable steps we can take to mitigate the loss.
7.5 The cancellation fee in clause 7.4 does not apply to optional future phases or Services which you have not formally commissioned in an accepted Proposal or subsequent written instruction.
7.6 We will not recover the same loss twice. Where reserved project time is successfully reallocated or our actual reasonable loss is lower than the maximum in clause 7.4, the cancellation charge will be reduced accordingly.
7.7 We may terminate or suspend the Contract on reasonable written notice if you materially breach the Contract, repeatedly fail to provide required instructions or access, fail to pay sums due, behave abusively towards us or third parties engaged on the project, or otherwise make continued performance of the Services unreasonable or impracticable. Where appropriate, we will give you a reasonable opportunity to remedy the breach first.
7.8 Termination does not affect rights and liabilities accrued before termination. Once all sums properly due are paid, we will have no obligation to perform Services scheduled after the effective termination date.
8. CONSUMER COOLING-OFF AND EARLY START
8.1 Where the Contract is a distance or off-premises consumer contract and statutory cancellation rights apply, you will normally have 14 days from entering into the Contract to cancel without giving a reason, subject to the applicable law.
8.2 If you expressly ask us to begin Services during an applicable cooling-off period, you acknowledge that if you then cancel during that period you may be required, where permitted by law, to pay a proportionate amount for Services properly supplied up to cancellation.
8.3 Where the Services have been fully performed during an applicable cooling-off period at your express request, your statutory cancellation right may be affected only to the extent permitted by law and provided the required acknowledgements have been obtained.
9. INTELLECTUAL PROPERTY AND USE OF DESIGNS
9.1 Unless otherwise agreed in writing, all intellectual property rights in our concepts, drawings, Room Portraits, visualisations, specifications, designs, documents and other original material remain ours.
9.2 Once all fees properly due have been paid, you are granted a personal, non-exclusive licence to use the final design material solely for the property and project for which it was created.
9.3 Our designs and documents may not be reproduced, adapted, resold, commercially exploited or used for another property or project without our prior written consent.
9.4 You may provide our design information to contractors and suppliers only to the extent reasonably necessary to carry out the specific project.
10. PHOTOGRAPHY, PORTFOLIO AND PUBLICITY
10.1 Subject to reasonable arrangements with you, we may request access to photograph the completed project and may use photographs and our own design material for our portfolio, website, social media, press, editorial submissions, awards and other promotion of our design practice.
10.2 We will not intentionally publish your private contact details or precise home address. Any particular confidentiality requirements should be agreed with us in writing before the project commences.
10.3 Where photographs are created by a third-party photographer, their copyright and licence terms will also apply.
11. LIABILITY
11.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory consumer right which cannot lawfully be excluded.
11.2 We are responsible for providing our design Services with reasonable care and skill. We are not responsible for structural, architectural, engineering, electrical, plumbing, building-control, planning, health-and-safety or other specialist matters unless expressly included within our professional appointment and competence.
11.3 We are not responsible for the acts, omissions, delays or workmanship of independent suppliers, contractors, makers, installers or other third parties, although this does not affect any responsibility we cannot lawfully exclude.
11.4 Any limitation of our financial liability stated in the Proposal or elsewhere in the Contract is subject to applicable consumer law and will not apply where liability cannot lawfully be limited.
12. GENERAL
12.1 Changes to the scope, programme or fees should be agreed in writing. Email or another agreed written project communication may constitute written agreement.
12.2 If any provision of the Contract is found to be invalid or unenforceable, the remaining provisions will continue in effect.
12.3 A failure or delay in exercising a contractual right does not waive that right.
12.4 The Contract is governed by the law of England and Wales. If you are a consumer resident elsewhere in the United Kingdom, you retain any mandatory rights relating to jurisdiction which apply to you.
12.5 Nothing in these Terms affects your statutory rights as a consumer.